Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Joginder Kaur v. ITO (2024) 231 TTJ 320 / 241 DTR 97 / 38 NYPTTJ 981 (Amritsar)(Trib)

S. 69A : Unexplained money-Cash deposits-Cash withdrawn earlier-Addition is deleted.

Dy.CIT v. Chelladhurai Rajasingh (2024) 231 TTJ 601 / 38 NYPTTJ 1099 (Chennai)(Trib)

S. 69A : Unexplained money Search-Excess jewellery-Financial year in which is found to be owner-Addition is deleted-Undisclosed income-Seized document-Addition is deleted. [S. 3, 4, 69, 153A]

Kaushik Pra Vinchandra Gohel v. AO (2004) 231 TTJ 1 (UO) (Ahd)(Trib)

S. 68 : Cash credits-Income from undisclosed sources-Cash deposits-The assessee is not the real beneficiary of banking transactions done in its bank account-0.25 per cent of the deposits/credits made in the bank accounts held by the assessee with the society is treated as the income of the assessee. [S. 69, 115BBE]

Sheela Ashok Bafna v. ITO (2024) 231 TTJ 889 / 38 NYPTTJ 483 (Mum) (Trib)

S. 68 : Cash credits-Long term Capital gains-Report from Investigation Wing-STT paid-primary documents to prove purchase/allotment of shares i.e., share certificate, bank statement highlighting the payment made for purchase of shares, demat statement, etc,-AO is directed to delete the addition and to allow the exemption under s. 10(38) on sale of shares. [S. 10(38), 45]

Jayantilal Bhagwanchand v. ITO (2024) 231 TTJ 1032 / 38 NYPTTJ 1131 (Bang)(Trib)

S. 68 : Cash credits-Capital gains-Penny stock-Report from Investigation Wing-CI Ltd-Shares held for five years-Neither statements are not provided nor an opportunity of cross examination-Addition is deleted-Allowed exemption. [S. 10(38), 45]

ITO v. Inder Jaggi (2024) 231 TTJ 768 / 38 NYPTTJ 1103 (Raipur)(Trib)

S. 68 : Cash credits-Value of property received as gift from father-Accounting entries-Addition cannot be made.

ACIT v. Balvir Singh Tomar (2024) 231 TTJ 564 / 242 DTR 17 / 38 NYPTTJ 974 (Jaipur)(Trib)

S. 68 : Cash credits-Cash deposits-Demonetization-Sales has been accepted-Books of accounts are not rejected-Addition is deleted.[S. 133(6)]

Chandra Bhavani Sankar v. ITO (2024) 231 TTJ 1072 / 243 DTR 9 / 38 NYPTTJ 1068 (Chennai)(Trib)

S.54F : Capital gains-Investment in a residential house-Construction of first floor with separate kitchen, electric connection, water connection, etc-Entitle to exemption-Amount received back-Cancellation of deal of property-Addition is deleted. [S. 45, 68]

ITO v. Prakash Ramkrishna Pophale (2024) 231 TTJ 49 (UO) (Pune) (Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-Co-Owner-Sale of old asset-Allowed the claim in the name of Co-0wner-Order of CIT(A) is affirmed.[S. 45]

SKF India Ltd. v. Dy.CIT (2024) 231 TTJ 977 / 242 DTR 161 / 38 NYPTTJ 1254(SB) (Mum)(Trib)

S. 50 : Capital gains-Depreciable asset-Long term capital gains-More than 36 months-Rate of tax is 20 per cent. [S.2(42A), 48, 49, 112]