Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Abdul Razaak. v. ITO (IT) (2023) 202 ITD 161 (Chennai) (Trib.)

S. 68 : Cash credits-Cash deposited-Demonetization-Considering entire withdrawal of family and also giving weightage to family expenses, demonetized cash deposit was to be treated as explained-Addition is deleted.[S.115BBE]

Sangeeta Devi Jhunjhunwala v. ITO (2023) 202 ITD 165 (Delhi) (Trib.)

S. 68 : Cash credits-Capital gains-Penny stock-Purchased shares of HPC Biosciences Ltd for Rs. 5 per share and sold for Rs 591-74-Genuineness is doubted-Denial of exemption is affirmed-Purchased in the Assessment year 2013-14 alleged expenditure on commission is deleted. [S.10(38), 45, 69C]

Niteshkumar Maganbhai Patel v. ITO (2023) 202 ITD 323 (Ahd.)(Trib.)

S. 68 : Cash credits-Interest-free unsecured loan-Un secured interest free loan from NRI-Not taken approval from competent authority-No formal agreement-Violation of certain other statute cannot be used to draw inference against the assessee-Discharged primary by furnishing various documents-Addition is deleted.

Shailesh Mohanbhai Patel AT & PO. v. ITO (2023) 202 ITD 650 (Surat)(Trib.)

S. 56 : Income from other sources-Purchase of land-Violation of principle of natural justice-Show cause notice proposing additions was received after assessment order was passed- Order is set aside. [S. 50C, 56(2)(vii)]

Caddie Hotels (P.) Ltd. v. PCIT (2023) 202 ITD 351 (Delhi) (Trib.)

S. 56 : Income from other sources-Valuation of shares-Two methods-NAV or DCF-Choice with the assessee-The Assessing Officer cannot question valuation per se. [R.11UA]

Balgopal Cold Storages (P.) Ltd. v. ITO (2023) 202 ITD 362 (Delhi) (Trib.)

S. 56 : Income from other sources-DCF method for valuation-Method could not be rejected without brining any defect in methodology of valuation. [S. 56(2)(viib)]

ITO v. Mahavir Enterprises (2023) 202 ITD 253 (Mum.)(Trib.)

S. 56 : Income from other sources-Purchase of property by participating in e. tender, being highest / successful bidder-Considered as fair market value for the purpose of stamp duty. [S. 45, 50C, 56(2)(x)]

Deep Jyoti Wax Traders (P.) Ltd. v. ITO (2023) 202 ITD 718 (Kol.)(Trib.)

S. 56 : Income from other sources-Market value of shares-Discounted Cash Flow method(DCF)-No defect is pointed out-Option is with the assessee-The Assessing Officer cannot change the valuation. [S. 56(2)(viib), R. 11UA 2(a), 11UA(2))(b)]

Girish Mohan v. ACIT (2023) 202 ITD 221 (Delhi) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Constructed residential buildings comprising of two rooms, kitchen, toilet having electricity and water connection which was being used as residential unit-Denial of exemption is not justified-Cost of improvement-Documentary evidence not filed-Disallowance is affirmed. [S. 45, 48, 55]

Mukesh Arvindlal Vakharia v. ITO (2023) 202 ITD 1 (Surat) (Trib.)

S. 54F : Capital gains-Investment in a residential house-One house in his name and two properties jointly with his family members-Jointly held property cannot be said to be owner of the property-Entitle to deduction-Other expenses-Matter is remanded to the Assessing Officer. [S. 37(1), 45]