Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Konathala Nooku Naidu v. ITO [2024] 160 taxmann.com 758 (Visakha) (Trib.)

S. 69A : Unexplained moneys -Unexplained cash – Sale consideration as per sale agreement in his books of account- Addition is deleted.

ITO v. J.K. Wood India (P.) Ltd. [2024] 205 ITD 10/ 109 ITR 47 (SN) (Delhi)(Trib)

S.69A: Unexplained money -Cash deposits -Demonetization period -Sales made to various parties -Produced copy of bills, sale/VAT return, stock register and VAT assessment order -Order of CIT(A) deleting the addition is affirmed. [S. 115BBE]

Poddar Realtors v. ITO [2024] 109 ITR 605 (Kol) (Trib)

S. 68:Cash credits – Proved identity creditworthiness and genuineness- Addition is deleted.[S. 148]

ACIT v. Real Impact P. Ltd. [2024] 109 ITR 29 (SN)(Delhi)(Trib)

S. 68 : Cash credits -Discharged the burden by filing confirmation and other details – The AO cannot deem creditors as bogus solely due to lack of response, & without presenting evidence to demonstrate that the payables were unnecessary to settle- Order of CIT(A) deleting the addition is confirmed. [S. 133(6)]

Alpha Heavy Engineering (P.) Ltd. v. ITO [2024] 205 ITD 106 (Mum) (Trib)

S. 68 : Cash credits -Estimation of income -Ex parte order by CIT(A) and Assessing Officer -Matter was remanded to Assessing officer for de novo assessment.[S. 148, 251]

Rajgreen Infralink LLP v. Dy. CIT [2024] 109 ITR 52 (Surat)(Trib)

S. 68 : Cash credits -Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act- Tax deducted at source -Filed confirmation- Burden is discharged -Addition is deleted.[S.131, 133(6)]

Shyamkumar Madhavdas Chugh v. ACIT [2024] 109 ITR 49 (SN)/ 205 ITD 227 (Delhi)(Trib)

S. 56: Income from other sources – Sale of property — Stamp value — Agreement fixing consideration in 2010,registration taking place in 2013 — Paid part consideration by cheque in 2010 before date of agreement — Stamp value on date of agreement In 2010 to be considered- Addition is deleted. [S. 56(2)(vii)(b)]

Bhaskar Prataprai Shah v. DCIT [2024] 161 taxmann.com 412 (Mum)(Trib)

S. 54F : Capital gains -Investment in a residential house -Three flats -Single unit to be eligible for deduction.[S. 45]

Rajiv Ghai v. Asst. CIT [2024] 109 ITR 439 (Delhi)(Trib)

S. 54F : Capital gains -Profit on sale of property used for residence -Registered in the name of the parents -Payment made through assessee’s bank account -Registered property gifted to the assessee by parents -Rule of purposive construction -Deduction is allowed.[S. 45, 54]

Shangar v. DCIT [2024] 205 ITD 126 (Ahd) (Trib)

S.54EC: Capital gains-Investment in bonds -Investment in bonds -Sale of office premises -Depreciable assets -Six months mentioned in section 54EC is to be recorded as six British calendar months -Eligible for deduction in respect of both investments. [S. 2(11), 45, 50]