Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Arun Garg v. ITO (2022) 98 ITR 508 (Chd) (Trib)

S. 68 : Cash credits-Evidence of persons not furnished-Identity and genuineness of transaction not proved-Additions sustained-Advance received from related parties-All evidences presented-Amount paid subsequently adjusted against sales made to these parties-Books of accounts accepted by Assessing Officer-Entries related to related parties accepted-Not-Co-borrowers-3 HUF having independent identity-Carrying on business out of their own independent source-Addition is not justified. [S. 69A]

Retail Quotient Research (P)Ltd. v. ACIT (2022) 215 TTJ 17 (UO) / 138 taxmann.com 533 (Chd)(Trib)

S. 56 : Income from other sources-Share premium-Valuation of shares-Additional evidence-Exempted party-Matter remanded.[S. 56(2)(viib)]

Rajib Rathindra Saha v. ITO (IT) (2022)95 ITR 216 (Mum) (Trib)

S. 56 : Income from other sources-Purchase of property for consideration less than stamp duty value-Agreement executed on 31-3-2013-Addition is not valid. [S. 56(2)(vii)(b)(ii)]

ITO v. Hiteshbhai Bhikhabhai Sutariya (2022) 96 ITR 57 (SN) (Surat) (Trib.)

S. 56 : Income from other sources-Purchase consideration and stamp valuation-Remand report-Deletion of addition is held to be justified. [S. 56(2) (vii)(b)]

Gunwant Kaur v. CIT (2022) 96 ITR 21 (SN) (Amritsar) (Trib)

S. 56 : Income from other sources-Interest on enhanced compensation for compulsory acquisition of land-Method of accounting-Taxable in year of receipt irrespective of system of accounts followed-Considering hardship 50 Per Cent. deduction allowed [S. 56(2)(viii), 57(iv), 145A]

Raw Pressery (P) Ltd. (2022) 220 TTJ 26 / 143 taxmann.com 158 (Mum)(Trib)

S. 56 : Income from other sources-Shares issued-Non-Resident-Provision is not applicable. [S. 2(24)(xvi), 56(2)(viib)]

Bigfoot Retail Solution Pvt. Ltd v. ACIT (2022)97 ITR 73 (SN) (Delhi) (Trib)

S. 56 : Income from other sources-Issues of shares in excess of fair market value-Consideration received by Venture Capital Undertaking-Exception-Conditions prescribed satisfied-Premium of issue of shares not taxable. [S. 10(23FB), 56(2)(Viib), Securities and Exchange Board of India (Venture Capital Funds) Regulations, 1996, S. 2(n)].

Chhattisgarh Metaliks & Alloys (P)Ltd. v. ITO (2022) 220 TTJ 99 / 219 DTR 18 (Raipur)(Trib)

S. 56 : Income from other sources-Share premium-The additional shares of the assessee-company were issued and allotted on a pro rata basis to the existing shareholders-Addition is not justified. [S. 56(2)(viib)]

Pavan Anil Bakeri v. Dy. CIT (2022) 98 ITR 71 (SN)(Ahd) (Trib)

S. 56 : Income from other sources-Purchase of land for consideration less than value adopted for stamp value-Details not produced-Addition is confirmed. [S. 56(2)(vii)(b)]

Pavan Anil Bakeri v. Dy. CIT (2022)98 ITR 71 (SN) (Ahd) (Trib)

S. 56 : Income from other sources-Purchase of land-less than stamp duty value-Not producing details of share-Difference between stamp duty and purchase value rightly added to income. [S. 56 (2)(vii)(b)]