Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ace Developers v. DCIT (2024) Chamber’s Journal-October-P. 83 (Bang) (Trib)

S. 68 : Cash credits-Survey-Loose sheets-On money-Merely on the basis if rough notings made on loose sheets addition cannot be made.[S.132(4A), 133A,292C]

Shri Kailash Math Trust v. CIT(E) (2024) Chamber’s Journal-March 114 (Pune)(Trib) Editorial : Followed in Saaksh Foundation v. CIT(E) (2024) 207 ITD 671 (Mum)(Trib)

S. 80G : Donation-Existing Trust-Time limit for provisionally registered Trust for seeking regular registration-Harmonious interpretation-The time limit for applying for regular registration for existing trust is six months of the expiry of provisional registration. [S.12AA, 80G(5), Form 10AB]

Abhishek Doshi v. ITO (2024) Chamber’s Journal-April-P. 108(Mum)(Trib)

S. 68 : Cash credits-Sale of shares-Shreenath Commercial and Finance Ltd-Penny stock-Capital gain-Denial of exemption is not justified..[S. 10(38), 45]

Udaykumar Shah v. ITO (2024) Chamber’s Journal-March-P. 113 (Mum)(Trib)

S. 68 : Cash credits-Sale of shares-Comfort Fine cap Ltd-Penny stock-All documents produced-Capital gain is exempt from tax.[S. 10(38)), 45]

Manish Mehta v. ITO (2024) Chamber’s Journal-March p. 112 (Mum)(Trib)

S. 68 : Cash credits-Accommodation entries-Information from Investigation Wing-Bhanwarlal Jain-Rajendra Jain-Gautam Jain group-No evidence that amount was credited-Addition is deleted.

Shri Girish Bhai Vadilal Shah v. DCIT (2024) Chamber’s Journal-(2024) April-P. 107 (Ahd)(Trib)

S. 57 : Income from other sources-Deductions-Interest expenditure is more than interest income-Allowable as deduction. [S. 56, 57(iii)]

Shri Bipinchandra Shatntilal v. ITO (2024) Chamber’s Journal-December-P 101 (Mum)(Trib)

S. 56 : Income from other sources-Transfer-Conversion of tenancy right to ownership rights-Not taxable-No immoveable property is received-No addition can be made either in the hands of the assessee or the land lord. [S. 2(47), 56(2)(x)(b)]

Rajkamal Stone Metal Works v. ACIT(2024) Chamber’s Journal-December-P.99 (Pune)(Trib)

S. 45 : Capital gains-Transfer of land owned by partnership firm to its partners-Transferred at cost by book entry-Adjusted against capital balance of partner-Not taxable as capital gains. [S. 2(47)]

DCIT v. J.K. Techno Soft Ltd (2024) Chamber’s Journal-June-P. 116 (Delhi)(Trib)

S. 43(5) : Speculative transaction-Forward exchange contract-Loss on cancellation is held to be non speculative in nature.

Egberts India Pvt Ltd (2024) Chamber’s Journal-July-P. 123 (Chennai)(Trib)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Salaries paid to director cannot be disallowed on the ground that salaries paid in earlier year was less than the relevant year-Burden is on revenue to demonstrate that the remuneration is excessive as per market rate-Disallowance is deleted.