Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Surkunti Narayana Reddy v. ITO (2024)116 ITR 75 (SN) (Hyd) (Trib)

S. 69A : Unexplained money-Remand report-Single percentage of Commission for both receipts is not p roper-Matter remanded to Assessing Officer to reconsider issue and apply appropriate rate for estimation of income. [S. 147,148]

Subhash Chand Gupta v. ACIT (2024)116 ITR 14 (SN)/ [2025] 210 ITD 118 (Delhi)(Trib)

S. 69A : Unexplained money-Sales-Demonetisation-Deletion of addition is affirmed.

V. Bhaskaran v. ACIT (2024)116 ITR 135 (Chennai)(Trib)

S. 69A : Unexplained money-Un explained expenditure-Search and Seizure-Fixed deposit receipts in name of wife-Addition is deleted-Amount spent on marriage-Addition on estimate basis-Restricted to 60% per cent of estimated amount-Personal expenditure-No incriminating material is found-Rental payment-Estimation of rent for 18 months-Payment of advance tax-Not able to explain the source-Addition is justified-Overseas Trip expenses and investment in benefit fund-Failure to show the source of investment-Addition is justified-Bank deposits-Seized passbook-Incriminating material-Addition is justified-Payments towards transponder hire, purchase of allied equipment, uplinking facility, and telecom service provider-No evidence of payment-addition is deleted-Bills found in Assessee’s name remanded for re-examination-Imported car-Gift-Denied by alleged gift giver-Matter remanded to determine real owner-Seizure of cash gold and silver article from premises of uncle-Assessment is bad in law [S. 132, 153C, 158BC]

ACIT v. Naresh Jain (2024)116 ITR 307 (Jaipur)(Trib)

S. 69 : Unexplained investments-Appellate Tribunal-Cross appeal or cross objection-Right of assessee to support order on issue decided against him-Survey-Statement has no evidentiary value-Source of payment-Assessing Officer cannot ignore the registered document-Transaction pertaining to eight years prior to assessment year-Addition is deleted-Marriage expenses of son-expenditure recorded in books of assessee’s wife’s proprietary concern-Deletion is affirmed-Telescoping benefits to additional income and undisclosed outgoings. [S. 69C 131, 133A (3)(iii), 254(1), ITAT R. 27]

Uttam Das v. ITO (2024)116 ITR 55 (SN)(Kol)(Trib)

S. 68 : Cash credits-Long term capital gains-Information from Investigation Wing-Penny stock-Accommodation entries-Purchase in the year 2010-11-No sale during the year-Transaction cannot be assessed as bogus-Failure to mention section in the notice u/s 143(2)-Assessment order is defective-Credit for tax deduction at source-Issue is not adjudicated by Commissioner (Appeals)-The Assessing Officer is directed to verify the claim. [S. 45, 143(2), 143(3)]

Rashida Shakil Bhati v. ITO (2024)116 ITR 44 (SN) / 168 taxmann.com 274 (Mum)(Trib)

S. 68 : Cash credits-Gift-Opening balance-Capital account-Addition is deleted-Assessing Officer is directed to assessee returned income-Circular No. 549, Dated 31-10-1989(1990) 182 ITR 1 (St) [S. 148]

Prarthana Gems v. Dy. CIT (2024)116 ITR 49 (SN)/ 2025] 210 ITD 158 (Surat)(Trib)

S. 68 : Cash credits-Identity and creditworthiness is established-Addition is deleted.

Dy. CIT v. Rajendra Gulabchand Shah (2024)116 ITR 21 (SN)(Mum)(Trib)

S. 68 : Cash credits-Short term deposits-Burden discharged-Addition is deleted. [S. 133(6)]

Dy. CIT v. Pragyawan Technologies P. Ltd. (2024)116 ITR 9 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Information from investigation wing-Amount repaid in subsequent year-Failure to produce the directors of lender companies-Need not prove source of source-Order of CIT(A) deleting the addition is affirmed. [S. 131(d), 133(6)]

Sagar Jhaveri v. Dy. CIT (2024)116 ITR 28 (SN)(Ahd)(Trib) Viki Rajesbhai Jhaveri v. Dy. CIT (2024)116 ITR 28 (SN)(Ahd)(Trib) Aarav Financial Services P. Ltd v. Dy. CIT (2024)116 ITR 28 (SN)(Ahd)(Trib)

S. 68 : Cash credits-Long-term capital gains-Loss on sale of shares-Information from investigation wing-Not involved in price manipulation-Denial of exemption is not justified-Reassessment is affirmed.[S. 147, 148]