Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Prakash Gems v .DCIT ( 2023) The Chamber’s Journal -April – P. 141 ( Mum)( Trib)

S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]

Emgee Integrated Logistics Pvt Ltd v. ACIT ( 2023) The Chamber’s Journal – April P. 140 ( Chennai)( Trib)

S. 68 : Cash credits – Cash deposit – Demonetization- Burden is on the Assessing Officer to prove that the explanation offered by the assesee are incorrect – Addition was deleted .

Yogesh P.Thakkar v. DCIT ( 2023 ) The Chamber’s Journal – March – P. 111( Mum)( Trib) Hrasha Nitn Thakkar v. DCIT ( 2023 ) The Chamber’s Journal – March – P. 111( Mum)( Trib) Nisha Yogesh Thakkar v. DCIT ( 2023 ) The Chamber’s Journal – March – P. 111( Mum)( Trib) Nitin Popatlal Thakkar v. DCIT ( 2023 ) The Chamber’s Journal – March – P. 111( Mum)( Trib) Dineshchandra D Chhajed v. DCIT ( 2023 ) The Chamber’s Journal – March – P. 111( Mum)( Trib)

S. 68 : Cash credits – Penny stock – Long term capital gains- Merely on the basis of surmises , suspicion and conjecture , without any independent verification addition cannot be made as cash credits – Denial of exemption is not justified – Estimated commission u/s 69C of the Act was also deleted .[ S. 10(38), 46 , 69C ]

DCIT v. Ashok Kumar Singh ( 2023) BCAJ – May- P. 35 ( Delhi)( Trib)

S. 68 : Cash credits – Protective assessment – Addition made under Black money Act – Not attained finality – Deletion of addition was affirmed . [S. 143(3), Black Money ( Undisclosed Foreign Income and Assets ) and Imposition Act 2015 , S .10(1), 10(3) ]

Manohar M.Paliwal v. ITO ( 2023) The Chamber’s Journal – May -P. 107 ( Mum)( Trib)

S. 56 : Income from other sources –Agreement value less than stamp valuation – Property purchased – Slum area – Valuation report of valuer was filed – Not referred to valuation Officer -Request to send back the matter to Assessing Officer to refer the matter to DVO was rejected- Addition was deleted [ S. 56(2)(vii))(b) ]

ACIT v. K. B. Developers ( 2021) 189 ITD 344/ (2022) 95 ITR 176 / 216 TTJ 176/ 210 DTR 317 (Kol) ( Trib)

S. 45(4) : Capital gains – Distribution of capital asset – Dissolution of firm – Additional grounds admitted -Suo motu offering gains – No documentary evidence that land contributed to firm by partners at time of formation of firm withdrawn at time of retirement — Issue requiring investigation — Additional ground cannot be admitted- Delay in filing appeal was condoned . [ S. 254(1) ]

Sunil Gahlot v.ITO (2023) BCAJ – May – P. 35 ( Jodhpur)( Trib)

S. 44AD :Presumptive taxation- Cash credits – Not required to maintain books of account – Addition cannot be made as cash credits – Provisions of section 115BBE is not applicable [ S. 68, 115BBE ]

Delhi Cargo Service Centre v.ACIT ( 2023) BCAJ -May – P. 34 ( Delhi)( Trib)

S.37(1): Business expenditure – Interest – delayed payment of tax deduction at source – Compensatory in nature – Allowable as deduction.[ S. 43B]

S.J. Studio & Entertainment Ltd ( 2023 ) The Chamber’s Journal – March -P. 110 ( Mum)( Trib)

S. 28(i) : Business income – Fictitious sales – Burden is on revenue to prove that the sales are not fictitious- Addition confirmed by the CIT(A) was deleted . [ S. 133A ]

Braingyan Foundation v. CIT ( E) (2023 ) 200 ITD 138 ( Mum)( Trib)

S. 12AA : Procedure for registration –Trust or institution-Natural justice – If the CIT( E ) is not satisfied with the documents supplied with by the assessee , adequate opportunity must be given before rejection of application – Matter remanded [ S. 80G ]