Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Vedic Foundation P. Ltd. v ITO (2024)110 ITR 17 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Unexplained expenditure-Share application money-Information from Investigation wing-Accommodation entries-Transactions through banking channels and companies having sufficient financial reserves to provide credits-Burden discharged. [S.69C, 131, 133(6)]

Rakesh Sharma v. ITO (2024) 110 ITR 368 (SMC) (Jaipur)(Trib)

S. 68 : Cash credits-Unexplained money-Withdrawals in cash and utilisation towards deposits-No defect in cash flow statement-Addition is deleted.[S.69]

IRIS Clothings Ltd. v Dy. CIT (2024) 110 ITR 266 (Kol)(Trib)

S. 68 : Cash credits-Unsecured loans-Filed copies of income-tax return acknowledgments, master-data of lenders, audited financial statements, memorandum and articles of association, copies of bank statements, loan confirmations and ledgers showing receipt and refund of loans with tax deducted at source-Burden discharged-Addition is deleted. [S.133(6)]

Farzad Sheriar Jehani v. ITO (2024) 110 ITR 298 (Mum)(Trib)

S. 68 : Cash credits-Unexplained investments-Long-term Capital gains-Penny stock-Kappac Pharma-Suspected scrip-Scrip discredited by investigation report and Stock Exchange Boards-No material to contrary brought on record-Addition made on presumptions and human probabilities-Addition is deleted-Allowed exemption. [S. 10(38) 45, 69C]

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 (Ranchi)(Trib); ACIT v. Suresh Kumar Agarwal (2024) 110 ITR 180 (Ranchi)(Trib)

S. 68 : Cash credits-Accommodation entries-Share capital, share premium and unsecured loan-Earning commission income a 20 Paise Per Rs. 100-Credit and debit entries in the bank account-Addition is deleted.

Nirmala Venkatapathy (Smt.) v. ITO (2024)110 ITR 27 (SN) (Chennnai)(Trib)

S. 55A : Capital gains-Reference to Valuation Officer-Computation-Cost of acquisition-Value as on 1-4-1981-Reference To Valuation Officer-Amendment With Effect From 1-7-2012-Substitution of words is at variance with its fair market value for is less than its fair market value-Reference can be made to Departmental valuation Officer only where value shown by assessee is less than fair market value-Declaring value as on 1-4-1981 at figure higher than value determined by Departmental Valuation Officer-Value adopted by Departmental Valuation Officer could not be taken for computing fair market value.[S.45,55A(a)]

Mohan Lal Jain v. ACIT (2024)110 ITR 60(SN)) (Delhi) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Not fulfilling conditions-Denial of deduction is not proper. [S. 45]

Casa Grande Civil Engineering P. Ltd. v. Jt. CIT (OSD) (2024)110 ITR 65 (SN)(Chennai)(Trib)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Cash credits-Service tax out standing-Additional evidence is admitted-Matter is remanded for fresh adjudication. [S.43B, 68, 145A(ii), Form No 26A]

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Services rendered out side India-Not liable to deduct tax at source-Order of CIT(A) deleting the addition is affirmed. [S.9(1)(vii), 195]

Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)

S. 37(1) : Business expenditure-Commission-Allowable as business expenditure-Sponsorship of festival-Nothing to prove connection with the business-Disallowance is affirmed.