Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Aczet P. Ltd. v. ACIT (2024)110 ITR 44 (SN)(Mum) (Trib)

S. 69C : Unexplained expenditure-Bogus purchases-Not doubted sales-Estimate of income at 12.5 Per Cent. of bogus purchases is affirmed-As regards special deduction-Industrial undertaking-Matter is remanded. [S.80IC]

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180/231 TTJ 641 (Ranchi)(Trib) ACIT v. Suresh Kumar Agarwal (2024)) 110 ITR 180/231 TTJ 641 (Ranchi)(Trib)

S. 69C : Unexplained expenditure-Expenses paid regarding purchase of land prior to withdrawal from bank-Addition as alleged payment out side the books of account-Pending litigation-Advances paid was shown as current liabilities-Addition is not justified.[S.69,69B, 153A]

Hyfun Frozen Foods P. Ltd. v. ITO (2024)110 ITR 37 (SN) (Ahd) (Trib)

S. 69 :Unexplained investments-Land purchased in earlier year-Delayed payment-Registered sale without making payment to vendor-Addition cannot be made as undisclosed income.

Dy. CIT v. Alpeshkumar Rasiklal Lakhani (2024)110 ITR 53 (Trib) (SN)(Ahd)(Trib)

S. 69 : Unexplained investments-Income from undisclosed sources-Partner in firms carrying construction projects-Entries in Diary seized during search-Cash received and paid-Undisclosed income was disclosed by partners-Deletion of addition is affirmed

Lachhman Dass Bansal v. Dy. CIT (2024) 110 ITR 439 (Chad)(Trib)

S. 69 :Unexplained investments-Cash Credits-unexplained advances-Cash and stock discrepancies-Survey-Retraction-Senior Citizen-Retraction is valid-Shortage of stock-Gross profit rate of 8.02 Per Cent-Statement recorded under Section 131 has no evidentiary value in absence of corroborative evidence-Assessment of disclosed income is invalid-Diary found during survey-Entries giving names and amounts without other details-No inquiry made to establish genuineness of transactions-Addition is not justified-Excess cash found during survey-Addition is affirmed. [S.131, 133A]

Krishan Kumar v. Dy. CIT (2024) 110 ITR 476 (Chd)(Trib)

S. 69 : Unexplained investments-Unexplained money-Survey-Deeming provision-Statement in the course of survey-Bald allegation of Assessing Officer is not sufficient to consider income declared as unexplained investment-Income offered in the course of survey cannot be assessed as unexplained and has to be assessed as business income. [S. 69A, 115BBE, 133A]

Vedic Foundation P. Ltd. v ITO (2024)110 ITR 17 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Unexplained expenditure-Share application money-Information from Investigation wing-Accommodation entries-Transactions through banking channels and companies having sufficient financial reserves to provide credits-Burden discharged. [S.69C, 131, 133(6)]

Rakesh Sharma v. ITO (2024) 110 ITR 368 (SMC) (Jaipur)(Trib)

S. 68 : Cash credits-Unexplained money-Withdrawals in cash and utilisation towards deposits-No defect in cash flow statement-Addition is deleted.[S.69]

IRIS Clothings Ltd. v Dy. CIT (2024) 110 ITR 266 (Kol)(Trib)

S. 68 : Cash credits-Unsecured loans-Filed copies of income-tax return acknowledgments, master-data of lenders, audited financial statements, memorandum and articles of association, copies of bank statements, loan confirmations and ledgers showing receipt and refund of loans with tax deducted at source-Burden discharged-Addition is deleted. [S.133(6)]

Farzad Sheriar Jehani v. ITO (2024) 110 ITR 298 (Mum)(Trib)

S. 68 : Cash credits-Unexplained investments-Long-term Capital gains-Penny stock-Kappac Pharma-Suspected scrip-Scrip discredited by investigation report and Stock Exchange Boards-No material to contrary brought on record-Addition made on presumptions and human probabilities-Addition is deleted-Allowed exemption. [S. 10(38) 45, 69C]