Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Mahesh Kumar Gupta v. ACIT (2023) 151 taxmann.com 339 / 104 ITR 519/ 223 TTJ 393 (Jaipur) (Trib)

S. 68 : Cash credits-Demonetisation-Large Cash deposited during demonetization period-Assessee claimed that cash deposited from sale proceeds. Bill wise details submitted, books of accounts accepted, each sale bill less than Rs. 2 Lakhs. Addition cannot be made merely because bills did not contain name of customers. Addition is deleted .[S.115BBE]

Dy. CIT v .Heaven Associates (2023) 154 taxmann.com 595 / 105 ITR 186 (Ahd)(Trib)

S. 68 : Cash credits-No discovery of incriminating material-Assessment on basis of third-party statement-Addition is deleted. [S. 132]

Girish Kumar and Sons v. ITO (2023) 155 taxmann.com 208 / 105 ITR 424/ 224TTJ 767 (Chand) (Trib)

S. 68: Cash credits-Cash sales-Trade advances-Addition made on mere conjectures and surmises-Unsustainable.

Deepak Jain v .ITO (2023)104 ITR 61 (Jaipur)(Trib)

S. 68 : Cash credits-Bogus expenses-Un accounted monies-Sub-contractor-Job work-Shown 8% of the receipts-Addition is deleted-[S. 115BBE,132]

Dy. CIT v. Vigyan Lodha (2023)104 ITR 210 (Jaipur)(Trib)

S. 68 : Cash credits-Bogus long-term capital gain-Commmission-Accomodation entries-Sale of shares-Admission by third parties-Report from investigation wing-Neither the statement nor an opportunity cross examination was not given-Deletion of addition by CIT(A) is affirmed.[S. 10(38), 45, 131, 132(4)]

5th Element Digital Media Solutions P. Ltd. v. ITO (2023)104 ITR 49 (SN) (Mum) (Trib)

S. 68 : Cash credits-Unsecured loans and advances-On failure to substantiate with evidence and on failure to make representation, the order of the CIT(A) confirming the addition made by the A.O. u/s. 68 of the Act and deleting the protective addition was upheld by the Tribunal.[S.69A,133(6)]

Asst. CIT v. Motisons Jewellers Ltd. (2023)104 ITR 304 (Jaipur) (Trib)

S. 68 : Cash credits-Demmonetisation-Cash sales-Cash deposited during demonetisation period-Books of account not rejected-Deletion of addition is affirmed.[S.115BBE]

Emgee Integrated Logistics Private Limited v. ACIT (Chennai)(Trib)

S. 68 : Cash credits-No addition can be made on account of cash deposits, if the AO cannot prove why the explanations offered by assessee are incorrect.

ACIT v. Mahendra Kumar Agarwal (2023)104 ITR 455 (Jaipur) (Trib)

S. 68 : Cash credits-Unexplained money-Cash deposit during demonetisation-Cash sales-Books of accounts accepted-No defect pointed out-Deletion of addition is valid.[S.115BBE]

ITO v. RTG Exchange Ltd. (2023) 103 ITR 45 (SN) (Mum)(Trib)

S. 68 : Cash credits-Remand report-CIT(A) failed to examine the objections of the AO-Matter remanded to the AO for fresh adjudication.