Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rahul Gupta (HUF) v. ACIT (2023) 201 ITD 302 (Raipur) (Trib.)

S. 69A : Unexplained money-Long term capital gains-Penny stock-Paper company-Accommodation entries-Undisclosed income-Assessable under section 115BBE of the Act. [S.45, 68, 69D, 115BBE]

Arun I Keshwarni. v. ITO (2023) 201 ITD 518 (SMC) (Mum) (Trib.)

S. 69A : Unexplained money-Loan from Ahuja group-Accommodation entries-Repaid the loan-Tax is deducted at source on interest-Addition is deleted.[S. 147, 148]

DCIT v. Ashok Kumar Singh. (2023) 201 ITD 278 (Delhi) (Trib.)

S. 68 : Cash credits-Undisclosed Foreign Income and Assets-Protective addition-Addition made under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015-Addition cannot be made as cash credits under section 68 of the Income-tax Act, 1961 [Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, S.10]

RRPR Holding (P.) Ltd. v. DCIT (2023) 201 ITD 781/226 ITR 559 (Delhi) (Trib.)

S. 57 : Income from other sources-Deductions-Interest income on fixed deposits-Interest expenditure had not given rise to corresponding interest income-Not allowable as deduction. [S.56, 57(iii)]

Sandeep Kumar Poddar. v. ITO (2023) 201 ITD 344 (Kol) (Trib.)

S. 56 : Income from other sources-Immovable property-Tolerance band-Amendment to section 56(2)(x) by Finance Act, 2020 with effect from 1-4-2021-Increase in tolerance band for variation between stamp duty valuation and actual consideration from 5 per cent to 10 per cent is clarificatory/curative in nature having retrospective effect-No addition can be made. [S. 56(2)(x)]

Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]

DCIT v. Ghanshyamdas J Sukhwani (HUF) (2023) 201 ITD 473 (Pune) (Trib.)

S. 45(3) : Capital gains-Transfer of capital asset to firm-AOP-BOI-Transfer undivided title and rights in a land capital asset to AOP-Capital contribution-Amount credited to capital account-Transfer of capital asset-Taxable under section 45 (3) [S. 2(47 (ii)]

Bhuwaneshwar Prasad Singh v. ITO (2023) 201 ITD 865 /105 ITR 564/ 226 TTJ 600 (Delhi) (Trib.)

S. 45 : Capital gains-Purchase of shares-Reflected in account books-Payment was made to broker subsequent date-Capital gains cannot be assessed as income from undisclosed sources.[2(29AA,) 2(29B), 68, 69]

Ridhi Bagaria v. ITO (2023) 201 ITD 581 (Cuttack) (Trib.)

S. 45 : Capital gains-Purchase and sale of shares-Off market purchases-Adventure in the nature of trade-Penny stock-Assessable as capital gains and not as business income.[S. 10(38), 28(i)]

Atulbhai Amritlal Mehta. v.DCIT (2023) 201 ITD 132 (SMC) (Ahd) (Trib.)

S. 45 : Capital gains-long-term securities-Penny stock-Scrip was not black listed by SEBI at relevant period-Paid STT-Denial of exemption is not justified-Addition as cash credits is deleted. [S. 10(38), 68]