S. 68: Cash credits -Interest on loans -No disallowance when assessee proves identity, creditworthiness and genuineness of lenders and loans accepted by Revenue-Addition was deleted. [S. 37(1)]
S. 68: Cash credits -Interest on loans -No disallowance when assessee proves identity, creditworthiness and genuineness of lenders and loans accepted by Revenue-Addition was deleted. [S. 37(1)]
S. 68 : Cash credits -Burden of proof -Share application money -Assessee filing documents such as income-tax returns, confirmations, bank statements, income-tax notices and assessment orders of share applicants -Assessing Officer not making independent enquiry or calling for particulars from parties who advanced money -Addition was deleted.
S. 68: Cash credits-Loose sheets / Excel sheets found during search -No corroborative evidence -A seized loose sheet or Excel sheet, by itself, cannot justify additions under sections 68 or 69C unless the Revenue establishes ownership of the document, its nexus with the assessee, and corroborates the entries with independent evidence. Documents must be read in their entirety and not selectively. Additions were deleted.[S.69C, 115BBE]
S. 68: Cash credits-Share capital and premium-Identity, genuineness of transaction and creditworthiness of investor were established -Addition deleted.
S. 68 : Cash credits-Reassessment-AO reopened case of assessee on the ground of large cash deposits in bank accounts-However, reassessment was ended with a disallowance under section 80P-Since no addition was made on account of cash deposit, the disallowance was not sustainable. [S. 80P, 147,148]
S. 68: Cash credits-Partner’s capital contribution –Partner was assessed to tax, and the source of the capital contribution was proved-Addition in the hands of the firm was not sustainable.
S. 56: Income from other sources-Issue of shares at premium -Fair Market Value -Discounted Cash Flow (DCF) Method -Amendment to valuation rules -Applicable to pending proceedings -Addition was deleted. [S. 56(2)(viib), R.11UA (2)(b)]
S.54F: Capital gains-Investment in a residential house-Delay in completion of construction due to circumstances beyond assessee’s control -Exemption allowable. [S. 45]
S. 45(5A): Capital gains -Joint Development Agreement -No taxation of consideration which had not accrued -Matter remanded-Delay of 458 in filing the appeal was condoned. [S. 2(47)(v),45, 56(2)(x), 254(1), Transfer of Property Act, 1882, S. 53A]
S.45: Capital gains -Capital asset -Agricultural land-Tests to be applied-Whether land qualifies as agricultural land is a question of fact requiring cumulative consideration of multiple factors-Mere mention of agricultural land in revenue records is not sufficient if the land is not actually used for agriculture or is sold for non-agricultural purposes-Matter remanded. [S. 2(14)(iii)]