Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shiv Shakti Construction. v. ACIT (2023) 202 ITD 655 / 225 TTJ 676 (Delhi) (Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Civil contractor-No specific defects in the books of account-Addition on account of bogus purchases to 10 per cent of turnover is affirmed. [S. 145(3]

ITO v. Senco Alankar. (2023) 202 ITD 278 (Kol) (Trib.)

S. 69A : Unexplained money-Cash deposited-Demonetization-Business of manufacture and retail trading of jewellery items-Actual sales cannot be treated as deemed income-Deletion of addition is affirmed. [S.143(3), 145(3)]

Karthick Natarajan v. DCIT, IT (2023) 202 ITD 552/226 TTJ 710 (Chennai) (Trib.)

S. 69A : Unexplained money-Cash deposited-Demonetization period-Gifts received in connection with marriage-NRI-Failure to substantiate the gift-Relief of Rs.50,0000 is granted-Provisions of section 115BBE as amended by Taxation Laws (Second Amendment) Act, 2016 will apply with effect from 1-4-2017 on enhanced rate of 60 per cent instead of rate of 30 per cent. [S,115BBE]

Nasir Ahmad Rangshu v. ACIT (2023) 202 ITD 15 / 224 TTJ 694 (Amritsar)(Trib.)

S. 69A : Unexplained money-Cash seized-Failure to produce dosimetry evidence-Addition is affirmed. [S. 132]

Balgopal Cold Storages (P.) Ltd. v. ITO (2023) 202 ITD 362 (Delhi) (Trib.)

S. 68 : Cash credits-Share application money-No enquiries made nor any evidence to reject documents filed by assessee, addition is not called for.

Abdul Razaak. v. ITO (IT) (2023) 202 ITD 161 (Chennai) (Trib.)

S. 68 : Cash credits-Cash deposited-Demonetization-Considering entire withdrawal of family and also giving weightage to family expenses, demonetized cash deposit was to be treated as explained-Addition is deleted.[S.115BBE]

Sangeeta Devi Jhunjhunwala v. ITO (2023) 202 ITD 165 (Delhi) (Trib.)

S. 68 : Cash credits-Capital gains-Penny stock-Purchased shares of HPC Biosciences Ltd for Rs. 5 per share and sold for Rs 591-74-Genuineness is doubted-Denial of exemption is affirmed-Purchased in the Assessment year 2013-14 alleged expenditure on commission is deleted. [S.10(38), 45, 69C]

Niteshkumar Maganbhai Patel v. ITO (2023) 202 ITD 323 (Ahd.)(Trib.)

S. 68 : Cash credits-Interest-free unsecured loan-Un secured interest free loan from NRI-Not taken approval from competent authority-No formal agreement-Violation of certain other statute cannot be used to draw inference against the assessee-Discharged primary by furnishing various documents-Addition is deleted.

Shailesh Mohanbhai Patel AT & PO. v. ITO (2023) 202 ITD 650 (Surat)(Trib.)

S. 56 : Income from other sources-Purchase of land-Violation of principle of natural justice-Show cause notice proposing additions was received after assessment order was passed- Order is set aside. [S. 50C, 56(2)(vii)]

Caddie Hotels (P.) Ltd. v. PCIT (2023) 202 ITD 351 (Delhi) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Two methods-NAV or DCF-Choice with the assessee-The Assessing Officer cannot question valuation per se. [R.11UA]