Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Anagha Vijay Deshmukh. v. DCIT (2023) 199 ITD 409 (Pune) (Trib.)

S. 74 : Losses-Capital gains-Revised return at a higher amount-Acknowledgement of filing return to CPC with condonation of delay-Allowed to be carry forward to next year. [S. 139(1), 139(3), 139(5)]

Nazmin Jamal. v. ITO (2023) 199 ITD 420 (Mum) (Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account-Undisclosed investment-Failure to furnish statement and opportunity of cross examination-Addition is deleted. [S. 132(4)]

Jaliluddin Jummat Ali Shekh. v. ACIT (2023) 199 ITD 613 (Rajkot) (Trib.)

S. 69A : Unexplained money-Search-Protective assessment-Unaccounted gold-Statement of supplier-Supplier confirmed-Addition is deleted. [S. 132, 153C]

ACIT v. Mahakaushal Sugar & Power Industries Ltd. (2023) 199 ITD 257 (Jabalpur) (Trib.)

S. 69 : Unexplained investments-Plant and machinery-Purchase bills furnished-Deletion of addition is affirmed- Power generation-Matter remanded.[S.80IA]

Mayor Foundation. v. ACIT (2023) 199 ITD 370 (Amritsar) (Trib.)

S. 68 : Cash credits-Corpus donation-Kolkata based companies-Donor companies were struck off by order of Registrar of Company-Addition is held to be justified.[S. 11, 115BBC, 115BBE]

Gullistan Co-Op Group Housing Society Ltd. v. ITO (2023) 199 ITD 236 (Delhi) (Trib.)

S. 68 : Cash credits-Construction of flats-Amount received from members-Confirmation letter is filed-Source of the source not required to be proved-Addition is deleted. [S. 131]

ITO v. M.D. House Build. (2023) 199 ITD 153 (Surat) (Trib.)

S. 68 : Cash credits-Purchase of material-Payments were made in subsequent years-Deletion of addition is affirmed. [S. 133(6)]

BST Infratech Ltd. v. DCIT (2023) 199 ITD 6 (Kol) (Trib.)

S. 68 : Cash credits-Share application money-Share premium-Share holders had sufficient fund-Addition is deleted.

Sagitarius Securities (P.) Ltd. v. ITO (2023) 199 ITD 809/221 TTJ 545 (Delhi) (Trib.)

S. 56 : Income from other sources-Share premium-Issue of shares-Not based on audited balance sheet-Fair market value drawn by the Assessing Officer on the basis of Audit Balance sheet could not be faulted.[R. 11UA]

Ranjit Shivram Raut. v. ITO (2023) 199 ITD 98 (Mum) (Trib.)

S. 56 : Income from other sources-Purchase of plots of land at lower price than determined by DVO-Not stock in trade-Provision is applicable-Payment made on cash-Failed to substantiate the cash payment-Credit cannot be given-Estimate by Valuation Officer-Encroachment-DVO is directed to consider the impact of encroachment on land if not already considered in valuation report. [S. 56(2)(vii)(b), 142A]