Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Tajinder Pal Kaur (Smt.) v. ITO (2023)101 ITR 292 (Amritsar) (Trib)

S. 68 : Cash credits-Failure by assessee to disclose cash deposits-Assessee submitted power of attorney and agreement before Department-Instrument not accepted-Party who paid cash unable to provide registered deed relating to transfer of property-Matter set aside and remanded to verify purchase of property.

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

S. 68 : Cash credits-Amounts returned in cheque and other amount returned in cash to square off account-Cannot be unexplained cash credits-Assessee in real estate business-10% profit-Addition would meet ends of justice.[S. 69, 132(4)]

Dharmvir Merchandise P. Ltd. v.ITO (2023)101 ITR 279 (Kol) (Trib)

S. 68 : Cash credits-Share capital and premium-Summons served on directors and subscribers-Service of summons sufficient to prove identity of subscribers-Bank statements of subscribers showing sufficient funds prove creditworthiness-Transaction genuine as done through banking channels-onus of assessee discharged-Mere ground that person summoned did not appear insufficient ground for addition.[S. 131]

Zakir Ali Yarbali Khan v. ITO (2023)101 ITR 35 (SN)(Mum) (Trib)

S. 68 : Cash credits-Income from undisclosed source-claim that cash deposited was out of cash withdrawals-No document to substantiate claim-Link not established-Addition is justified.