Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


PCIT (Central) v. Nitin Cylinders Ltd. (2024) 298 Taxman 33 (Bom.)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Statement of director-No independent enquiry was made-Deletion of addition by the Tribunal is affirmed-No substantial question of law. [S. 132, 143(3), 260A]

CIT v. Pramod Sharma (2024) 298 Taxman 128 (Cal.)(HC)

S. 68 : Cash credits-Accomodatio entries-Sub broker-Applying the peak credit principle on estimate of 2 per cent as brokerage in respect of cash deposits, which ever is higher-Order of Tribunal is affirmed.[S. 260A]

Shendra Advisory Services (P.) Ltd. v. Dy. CIT (2024) 298 Taxman 261 (Bom.)(HC)

S. 68 : Cash credits-Shares to promoters at premium-Capital or revenue-Income from other sources-Share premium cannot be assessed as revenue receipt even if assessee had breached provisions of section 78(2) of Companies Act, 1956, it would be penalised by provisions of Companies Act and breach would never turn share premium amount received into a revenue receipt-Share premium cannot be assessed as income from other sources. [S.56,260A, Companies Act, 1956, S 78(2)]

PCIT v. Dipansu Mohapatra (2024) 298 Taxman 194 / 463 ITR 681 (SC) Editorial: PCIT v. Dipansu Mohapatra (2023) 293 Taxman 173 (Orissa)(HC)

S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Demat account for more than 12 months-Entry operator-Report from Investigation wing-Accomodation entries-Sold through stock exchange after payment of security transactions tax-Denial of opportunity of cross examination-Entitle to exemption-Tribunal is justified in deleting the addition-Delay in filing SLP is not condoned-SLP of Revenue is dismissed. [S. 10(38), 45, 69, 133A, Art. 136]

PCIT v. Kuntala Mohapatra (2024) 298 Taxman 545 /466 ITR 150 (SC) Editorial : PCIT v. Kuntala Mohapatra(2024) 160 taxmann.com 567 (Orissa)(HC)

S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Demat account for more than 12 months-Entry operator-Sold through stock exchange after payment of security transactions tax-Denial of opportunity of cross examination-Entitle to exemption-Tribunal is justified in deleting the addition-SLP of Revenue is dismissed. [S. 10(38), 45, 69, 133A, Art. 136]

PCIT v. Kishore Kumar Mohapatra (2024) 298 Taxman 648 (SC) Editorial : PCIT v. Kishore Kumar Mohapatra(2024) 162 taxmann.com 4 (Orissa)(HC)

S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Demat account for more than 12 months-Entry operator-Sold through stock exchange after payment of security transactions tax-Denial of opportunity of cross examination-Entitle to exemption-Tribunal is justified in deleting the addition-SLP of Revenue is dismissed. [S. 10(38), 45, Art. 136]

Agra Portfolio (P.) Ltd. v. PCIT (2024) 298 Taxman 685 / 464 ITR 348 (Delhi)(HC) Editorial : Agra Portfolio (P.) Ltd. v. PCIT Agra Portfolio (P.) Ltd. v. PCIT(2018) 171 ITD 74 (Delhi)(Trib)

S. 56 : Income from other sources-DCF method-Valuation report by a merchant banker-Assessing Officer is not empowered to value the shares on net valuation method-Directed to exercise of valuation afresh in accordance with DCF method.[S. 56(2)(viib), 56(2)(viic), 260A, R.11UA(2)]

PCIT v. Dr. Karan Singh (2024) 298 Taxman 610 /337 CTR 609 (J&K and Ladakh)(HC)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Fair market value-Indexed cost-Lease hold land-Rule ID [S. 2(22B), 45, 55(2)(b))(ii), 260A]

CIT(IT) v. Reema Chawla (2024) 298 Taxman 704 (Delhi)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Under construction flat-Possession had been completed within a three years from date of sale of residential house-Entitle to deduction. [S. 45, 260A]

CIT (IT) v. Technip France SAS (2024) 298 Taxman 119 (Delhi)(HC)

S. 44BB : Mineral oils-Computation-Payment received for providing various services in connection with mining activity would not be chargeable to tax as fees for technical services. [S. 9(1))(vii), 44AD]