Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ericsson India Global Services P. Ltd. v. Dy. CIT (2024) 160 taxmann.com 599 / (2025) 121 ITR 89 (SN) (Delhi)(Trib.)

80G: Donation-Deduction-Corporate Social Responsibility expenditure-Donation to approved institution-Allowable as deduction-Education cess-Not allowable as deduction-Dividend Distribution Tax-Not entitled to claim a lower rate of Dividend Distribution Tax under the DTAA, [S. 37(1), Expln. 2 40(a)(ii), 115-0, 234A, 234B, 234C)

Asst. CIT v. Sharp Corp. Ltd. (2025) 121 ITR 697 / 161 taxmann.com 207 (Delhi)(Trib.)

S.69C: Unexplained expenditure-Business Expenditure-Bogus Purchases-Accommodation Bills –Failure to give an opportunity of cross-examination-Deletion of addition was affirmed.[S. 37(1), 131, 133A]

Amarjit and Sons v. Dy. CIT (2025) 121 ITR 130 (Chd.)(Trib.)

S. 69B: Amounts of investments not fully disclosed in books of account –Survey-Excess stock-Regular business stock-Taxable as business income-Section 69B not applicable. [S. 28(i), 115BBE, 133A]

Ambarambhai Velabhai Jetpariya v. ITO (2025) 121 ITR 1 (SN) (Rajkot)(Trib.)

S. 68: Cash credits-Unexplained Money-Senior citizen-Cash deposits during demonetisation-Agricultural income-Lump sum addition-Addition restricted to lump sum disallowance of Rs 62 000-Section 115BBE was inapplicable as the deposits were from explained sources and directed taxation under the normal provisions of the Act-The decision was rendered on the peculiar facts of the case and was not to be treated as a precedent. [S. 69A, 115BBE]

Sureshbhai Bhiukhabhai Patel v. ITO (2025) 121 ITR 5 (SN) (Surat)(Trib.)

S. 68: Cash credits-Cash deposits during demonetisation-Addition was deleted-the enhanced rate under section 115BBE was not applicable for A.Y. 2017-18-Agricultural income-Ad hoc disallowance of 10% was deleted. [S. 115BBE]

ITO v. Vastimal Bhim Raj Sancheti (2025) 121 ITR 677 (Bang.)(Trib.)

S. 68: Cash credits Unsecured loan-Share application money-Identity, creditworthiness and genuineness proved-Assessee not required to explain source of source where creditor had sufficient own funds-Addition deleted. [S. 133(6)]

Goodview Marketing (P.) Ltd. v. ITO (2025) 121 ITR 8 / 172 taxmann.com 46 (Kol.)(Trib.)

S. 68: Cash credits-Revision of orders prejudicial to revenue-Cash credits-Share Capital-Share Premium-Second Reassessment-Natural justice-The material gathered was not furnished to the assessee, resulting in violation of section 142(3) and the principles of natural justice. Accordingly, the addition was deleted. [S. 142(3), 144, 147, 263]

Dy. CIT v. Kruti Lalitkumar Jain (2025) 121 ITR 26 (SN) (Pune)(Trib.)

S.54F: Capital gains-Investment in a residential house-Purchase of residential house-Deduction cannot be denied merely because the sale deed was executed subsequently where investment and genuineness of the transaction are established. [S. 45]

Computer Modelling Group Ltd. v. Asst. CIT (2025) 121 ITR 214 / 162 taxmann.com 437 (Delhi)(Trib.)

S. 44BB : Mineral oils-Computation-Non-Resident-Business Income-Permanent Establishment-Not taxable as business income-Interest under section 234B cannot be levied.-DTAA-India-Canada.[S.90, 209(1)(d), 234B]

Checkmate Services P. Ltd. v. Dy. CIT (2025) 121 ITR 73 (Ahd.)(Trib.)

S. 36(1)(va): Any sum received from employees-Employees’ contribution-Delay in deposit-Adjustment under section 143(1) valid-Auditor need not certify admissibility of claim. [S. 2(24) (x),37(1) 43B, 143(1)]