Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Suyambulingam Suresh v. ITO (2023)458 ITR 746 / 292 Taxman 522 (Mad.)(HC)

S. 143(3) : Assessment-Life insurance premium-Personal hearing-Failure to attend various notices-Writ against the assessment order is dismissed. [S. 80C, 80TT, 142(1), 143(2), Art. 226]

Samaddar Brothers v. CIT (2023) 292 Taxman 323 (Cal.)(HC)

S. 69A : Unexplained money-Amounts of investments not fully disclosed in books of account-Unexplained expenditure-Survey-Purchase of goods no explanation was furnished-Excess stock was found-Mahajani Khata-Order of Tribunal confirming the addition is affirmed. [S. 69B, 69C, 133A, 145]

PCIT v. Narula Educational Trust (2023) 292 Taxman 456 (Cal.)(HC)

S. 69 : Unexplained investments-Search-Reference to DVO-DDIT (Inv)-DDIT did not have power to make reference to DVO-Power was acquired only on 1-4-2017 by virtue of Finance Act, 2017 under section 132(9B)-Order of Tribunal deleting the addition was affirmed. [S. 132, 132(9B)]

Unideep Food Processing (P.) Ltd. v. ITAT (2023) 457 ITR 552 / 292 Taxman 213/ 331 CTR 345/ 223 DTR 485 (Orissa)(HC)

S. 68 : Cash credits-Failure to produce the farmers from whom the loan was taken-Direction of the Tribunal is not complied with-Order of Tribunal confirming the addition is affirmed. [S. 254((1), 260A]

PCIT v. Golden Goenka Fincorp Ltd. (2023) 292 Taxman 159 (Cal.)(HC)

S. 68 : Cash credits-Share capital-Statement during search-Statement was retracted-Order of Tribunal deleting the addition was affirmed. [S. 132(4), 260A]

PCIT v. Neotech Education Foundation (2023)458 ITR 150 / 292 Taxman 199 (Guj.)(HC)

S. 68 : Cash credits-Loan for purchase of land-Explained the source-Remand report was obtained-Order of Tribunal deleting the addition is affirmed. [S. 133A, 260A]

PCIT v. Sandipkumar Parsottambhai Patel (2023) 457 ITR 368 / 292 Taxman 579 (Guj.)(HC) Editorial : Order of Tribunal in Sandipkumar Parsottambhai Patel v. ACIT (2022) 137 taxmann.com 373 (Surat)(Trib. (ITA Nos 8 &9 (STR) of 2019 dt.29-11-2021 is affirmed.

S. 68 : Cash credits-Sale of shares-Capital gains-Penny stock-Finding of investigation wing-Exemption-Sham transaction-transactions were done through recognized stock exchange-There was no evidence that assessee had paid cash in return of receipt through cheque-Order of Tribunal deleting the addition was affirmed. [S. 10(38), 45, 69C]

PCIT v. Poornima Shailendra Babu (Smt.) (2023) 292 Taxman 340 / 335 CTR 208 (Karn.)(HC)/PCIT v. Shailendra Babu (2023) 292 Taxman 340 / 335 CTR 208 (Karn.)(HC)

S. 45 : Capital gains-Memorandum of understanding dated 16-6-2007 agreeing to sell their shares-Substantial consideration was received-Share certificates were not delivered to transferees-Transfer of shares shall take place only after registration by Registrar of company-Order of Tribunal deleting the addition was affirmed. [Companies Act, 1956, S. 29]

CIT v. Srinivasan Devendran (2023) 292 Taxman 350 (Mad.)(HC)

S. 44AD : Presumptive basis-Civil construction-Best judgement-Books of account not audited-Estimation at 4% is held to be justified. [S. 44AB, 144]

PCIT v. Danone (India) (P.) Ltd. (2023) 292 Taxman 585 [P & H (HC)]

S. 37(1) : Business expenditure-Legal entity-business of providing technological and personnel support to food processing and dairy industry-Deploy skillful personnel and after 7-7-2008-Expenditure allowable as revenue expenditure-Order of Tribunal is affirmed.