Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Amit Lalit Kapoor v. ITO (2022)96 ITR 65 (SN)(Mum) (Trib)b

S. 68: Cash credits-Deposits in bank accounts-Matter remanded for verification.

Vasantkumar Hiralal Patel v.ITO (2022)96 ITR 23 (Trib) (SN) (Ahd) (Trib)

S. 68 : Cash credits-Income from undisclosed sources-Agricultural income-Additional evidence filed-Matter remanded. [S. 254(1)]

Vision Mines and Minerals Pvt. Ltd. v. ITO (2022) 96 ITR 51(SN) (Raipur) (Trib)

S. 68 : Cash credits-Share application money-Amount credited in Bank account and credit shown in books of account in earlier year-Shares allotted in following year-Addition cannot be made in year in which shares were allotted.

Rajhans Construction (P)Ltd. v. ACIT (2022) 216 TTJ 59 (UO) / 140 taxmann.com 370 (Surat)((Trib)

S. 68 : Cash credits-Unsecured loan-Repaid within short time-TDS deducted-Addition was deleted.

Greensaphire Infratech Pvt. Ltd. v. ITO (2022) 95 ITR 464 / 219 TTJ 41 (UO) / 95 ITR 464 / 140 taxmann.com 308 (Amritsar)(Trib)

S. 68 : Cash credits-Share capital-Share premium-Parties Responding to enquiries made under Section 133(6)-Share capital and share premium is capital receipt-Cannot be taxed as income.

Sunil Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) / 140 taxmann.com 21 (Pune)(Trib)

S. 68 : Cash credits-Gross profit-Turmeric trading-Purchase and sale-Addition is not justified.

Abhishek Gupta v. ITO (2022) 220 TTJ 328 / (2023) 147 taxmann.com 21 (Indore)(Trib)

S. 68 : Cash credits-Purchase of shares by paying cash-Penny stock-Accommodation entries-Shares held in brokers pool account for 17 months-Shares transferred to DEMAT account few days before the sale-Sale is held to be not genuine-Addition is confirmed-Expenditure is not allowable as deduction. [S. 10(38), 37(1), 45]

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

S. 68 : Cash credits-Share premium-Monies received in earlier years-Opening balance addition cannot be made-Share premium from founder promoter-Discharged burden of proving identity, genuineness and creditworthiness-Celebrity endorser-Isuue of shres at premium-Addition is not justified-Foreign investors-Foreign inward remittance certificates, in support of foreign investment received in accordance with RBI regulations, revenue ought not to have rejected primary evidences furnished-Matter remanded.

Sekani Industries Pvt. Ltd. v. Dy. CIT (2022) 97 ITR 39 (SN) (Ahd.)(Trib.)

S. 68: Cash credits-Complex transaction-Matter remanded for fresh consideration.

ACIT v. SMB Securities Ltd. (2022) 97 ITR 67 (SN) (Delhi)(Trib)

S. 68 : Cash credits-Unsecured loans-Non banking finance company-Genuineness and creditworthiness of lender proved-Deletion of addition is held to be justified.