Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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.

Anandiben Jayantilal Shah v. ITO (2022) 97 ITR 55 (SN) (Ahd) (Trib)

S. 68 : Cash credits-Money deposited in assessee’s bank account-Explanation was furnished-Addition was not justified.

ITO v. Manasa Medicals (2022)100 ITR 5 (SN) (Bang)(Trib)

S. 68 : Cash credits-Sale of Pharmaceutical products-Demonetisation-Cash deposits-Books of account not rejected-Sales not doubted-Addition is held to be not valid.

Dy. CIT v. Shree Parasnath Re-Rolling Mills Ltd. (2022)100 ITR 51 (SN) (Kol.) (Trib)

S. 68 : Cash credits-Share application moneys-Common directors-Detailed particulars of investors, their addresses, Permanent Account Numbers and amounts invested-Deletion of addition is justified.

Dy. CIT v. Laxmipathi Balaji Sugar and Distilleries P. Ltd. (2022) 100 ITR 58 (SN) (Delhi) (Trib)

S. 68 : Cash credits-Loans not taken during the year-Not taxable as cash credit.

Jet Freight Logistics Ltd. v. CIT (Appeals) (NFAC) (2022)99 ITR 37 (SN)(Mum) (Trib)

S. 68 : Cash credits-Cash deposits-Cash received from customers-Demonetisation-Explained the source-Addition was deleted-Donation-Receipts produced-Matter remanded. [S.80G]