Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shanmugasundaram v. ITO (2024) 209 ITD 158 (Chennai) (Trib.)

S. 69C : Unexplained expenditure-Sale consideration-Agricultural land-No material with the department-Addition is deleted.

Ideal Education Trust v. ITO (2024) 209 ITD 479 (Ahd.)(Trib.)

S. 69A : Unexplained money-Cash deposits-Educational institutions-Hostel fees from students-Matter remanded to the file of CIT(A) for fresh adjudication. [S.10(23C)(iiiad), 12A]

Bakhtawar Nariman Dalal v. ITO (2024) 209 ITD 191 (Mum.)(Trib.)

S. 69A : Unexplained money-Business of selling religious items in a Parsi temple-Deposit of cash of Rs. 7.20 lakhs in bank account-Past savings-Demonetization period-Not maintaining the books of account-Addition is deleted.

Chandrasekhar Yernena v. ITO (2024) 209 ITD 307 (Visakha)(Trib.)

S. 69 : Unexplained investments-Source of investment in liquor business-Agricultural income-Loan-Partly accepted the explanation-Rejection of books of account and estimating net profit at 5 per cent of purchase price of stock that was put to sale is affirmed. [S. 145]

Jayantilal Bhagwanchand v. ITO (2024) 209 ITD 23 (Bang)(Trib.)

S. 68 : Cash credits-Shares-Long term capital gains-Offline purchase-Penny stock-Accommodation entries-Opportunity of cross examination is not given-Addition is deleted.[S.10(38), 45]

Vinayak Kalani v. DCIT (2024) 209 ITD 501 (Indore)(Trib.)

S. 57 : Income from other sources-Deductions-Interest income-Burden is on assessee-Burden is on assessee to provide sufficient details to show that expenses were incurred wholly and exclusively for purpose of making or earning interest income.[S. 56, 57(iii)]

Deepak N. Sippy. v. ACIT (2024) 209 ITD 103 (Mum.)(Trib.)

S. 57 : Income from other sources-Deductions-Brokerage to broker-Refund of investment (Principal amount and interest)-Cancellation of project-No bifurcation or split of this expenditure relating to recovery of principal and recovery of interest-Proportionate disallowance under section 57(iii) of brokerage expenses relating to principal amount is not justified.[S. 56, 57(iii)]

Dipendu Bapalal Shah v. CIT(A) (2024) 209 ITD 315 (Mum.)(Trib.)

S. 56 : Income from other sources-Premature surrender of pension policies-No deduction was claimed under section 80CC-Matter remanded to Assessing Officer to examine eligibility of proceeds from surrender of policy for exemption under section 10(10D). [S.10(10D),80CC(1), 80CC(2), 143(1), 147, 148]

Rekha Rajendra Shah v. NFAC (2024) 209 ITD 393 (Surat)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Ownership of property-Sale of ancestral property-Invested in for construction of a residential house on a plot of land which was in name of her husband-Eligible for exemption. [S. 45]

Nakul Aggarwal v. ACIT (2024) 209 ITD 342 (Mum.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Purchase of two adjacent flats-Revised plan-Used as a single unit-Entitle to exemption. [S. 45]