Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT v. Hotel Leela Venture Ltd. (2022) 219 TTJ 1087 / 218 DTR 233 / (2023) 146 taxmann.com 350 (Mum)(Trib)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Assessing Officer had rejected claim for carry forward of business loss-loss is not available to set off. [S. 79]

Supertech Forgings (India) Pvt. Ltd. v. DCIT (2022) 217 TTJ 161/ 214 DTR 33 (Asr)(Trib)

S. 69C : Unexplained expenditure-Bogus purchases-If purchases are accepted in subsequent years, information/reasons based solely on investigation wing report and on statement recorded of third party with no independent satisfaction of AO, no opportunity to cross-examine parties then reopening and addition not sustainable [S. 143(3), 147, 148]

Shri Jeen Mata Buildcon (P) Ltd v. ITO (2022) 97 ITR 706 (Jaipur)(Trib)

S. 69C : Unexplained expenditure-Cash credits-Method of accounting-Unexplained expenditure-Difference between amount reflected in books of account and in Form 26AS-No defects in the books of account-Addition was deleted [S.68, 133(6), 145, Form No 26AS]

Young Indian v. ACIT (E) (2022)95 ITR 33 / 218 TTJ 1 (Trib) (SN) (Delhi)(Trib)

S. 69C : Unexplained expenditure-Expenditure on raising of loan-Notional and hypothetical addition-Cannot be sustained.

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

S. 69C : Unexplained expenditure-Miscellaneous expenses-Self made vouchers-Allowable as deduction.

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]