Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 69C : Unexplained expenditure-Transportation expenses-Mistake of accountant-Salary expenditure has been shown as expenses along with transportation expenses-Disallowance is not justified.

Welkin Telecom Infra (P.) Ltd. v Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 69C : Unexplained expenditure-Office expenses-Inadvertent error-Salary and wages-Wrongly debited to office expenses-Addition is not justified.

Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)

S. 69C : Unexplained expenditure-Site expenses-Support services To telecommunication operators and functioning at more than 3,300 work sites-Not Tenable.[S. 144, 145]

ACIT v. Vendhar Movies (2022)97 ITR 17 (SN.) (Chennai)(Trib.)

S. 69C : Unexplained expenditure-Undisclosed income declared during search and seizure-Income credited to books of accounts-Corresponding expenditure to also be included-CIT (A) justified in deleting additions.[S. 132(4)]

Accra Pac (India) Pvt. Ltd. v. Dy. CIT (2022) 100 ITR 30 (SN) (Ahd)(Trib)

S. 69C : Unexplained expenditure-Unable to identify the purchasers-Sale of finished goods subject to tax-Entire purchases cannot be disallowed-Addition was restricted to 10% of purchases-Income from undisclosed sources-Fixed deposit in bank-Matter remanded. [S. 68, 26AS]

A.Jhonkar v. Dy. CIT v. Johnkumar Trust (2022) 220 TTJ 187 (Chennai) (Trib) Dy. CIT v. Johnkumar Trust (2022) 220 TTJ 187 (Chennai) (Trib)

S. 69C : Unexplained expenditure-Gifts given to beneficiaries of chit fund scheme-Admitted Rs. 3. 2 crores as undisclosed income-Benefit of telescoping has to be given-WhatsApp messages-WhatsApp message sent from assessee’s mobile phone-WhatsApp messages are a dumb document without any corroborative evidence on record-No addition can be made on the basis of said documents. [S. 153A]

Macleods Pharmaceuticals Ltd. v. Dy. CIT (2022) 217 TTJ 763/ 214 DTR 105 (Mum)(Trib)

S. 69C : Unexplained expenditure-Bogus purchases-Restricted to 12.5 % of bogus purchases. [S. 133(6), 143(3)]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account-Jangad (memo of NE)-Rough rejections and rough diamonds-Valuation report-Addition was deleted. [S. 131]

DCIT v. Shivram Consultants India (P) Ltd. (2022) 220 TTJ 640 / 220 DTR 9 (Delhi) (Trib.)

S. 69A : Unexplained money-Income from undisclosed sources-Data retrieved from the hard disk revealed undated, unsigned and unexecuted draft deed and draft cash receipt relating to the transaction of sale of property between the assessee and third party-Such draft deed and originally executed deed being exactly similar such material cannot be ignored-Addition was up held-Reassessment was held to be valid. [S. 147, 148]

Shanmugam Ethiraj v. ITO (2022) 96 ITR 17 (SN) (Chennai) (Trib)

S. 69A : Unexplained money-Deposits of cash in bank account-Cash withdrawals from bank account more than cash deposited-Addition is not justified.