Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Pawan Green Channels Pvt. Ltd v. Dy. CIT (2023)101 ITR 19 (SN) (Chennai) (Trib)

S. 69 : Unexplained investments-Profits from sale of land-Contention that assessee only acted as aggregator and seller offered income as tax-AO to examine contention of the assessee-Matter remanded

Asst. CIT (IT) v. Vijaykumar Vasantbhai Patel (2023)101 ITR 1 (SN) (Ahd) (Trib)

S. 69 : Unexplained investments-Loan received in USD and deposited in Indian bank account-Investment on same day in mutual funds-Source of funds outside India not taxable in India-CIT(A)’s direction to obtain certified true copies of source of income-Justified.

Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S. 69 : Unexplained investments-Unexplained expenditure-Additions on the basis of seized documents-Cannot explain source-Amount not pertaining to assessment year-Addition not sustainable-Share of assessee at 30% as per seized documents-Addition to that extent only.

Pujala Mahesh Babu v. Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S. 69 : Unexplained investments-Investment in land-Unable to explain source of investment-Merely stating sufficient funds does not discharge onus-No Cash flow statement to show fund availability-Assessee not maintaining book of accounts.

ITO (IT) v. Shehnaz Nurdin Ajania (Smt.) (2023)101 ITR 618 (Surat) (Trib)

S. 69 : Unexplained investments-Appeal to CIT(A)-Additional evidence-Admission-No proof of source of funds for purchase of mutual funds-Deletion of addition by CIT(A) on the basis of additional evidence-No recording of reasons-No opportunity to A.O. to verify submission-Matter remanded. [R. 46A]

Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)

S. 69 : Unexplained investments-Survey-Discrepancies in stocks-Disclosed during survey duly incorporated in books of accounts of assessee-AO accepted and allowed credit-Addition is deleted.[S.133A]

Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S. 69 : Un explained investments-Income from undisclosed sources-Short-term capital gains-Additional income was offered-Capital gains to be recomputed after reducing cost of acquisition from sale proceeds.[S. 45]

Holiday Marketing Pvt. Ltd. v. ACIT (2023)101 ITR 55 (SN) (Cochin) (Trib)

S. 68 : Cash credits-Income from undisclosed sources-Bank Statements reflecting receipt on various dates and annual reports substantiating various business interests of remitter-Deletion of addition is justified. [S. 69]

Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)

S.68 :Cash credits-Search and seizure-Failure to explain receipts-Declaring the receipts to be sale of agriculture land-Cannot be treated as unexplained-Sum to be treated as capital gains and indexation to be allowed-Matter remanded.[S. 45, 48 55]

Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)

S. 68 : Cash credits-Share capital and share premium-Investors engaged in agricultural and farming activities-All subscribers personally appeared and confirmed investments upon summons-No adverse inference drawn in remand report-Addition to be deleted.