Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


DCIT v. Gandhi Capital (P.) Ltd. (2022) 194 ITD 396/ 220 TTJ 680 (Surat) (Trib.)

S. 68 : Cash credits-Share capital-Transaction through account payee cheques, bank statements filed-Addition is not valid. [S. 133(6)]

Anandtex International (P.) Ltd. v. ACIT (2022) 194 ITD 320 (Delhi)(Trib.)

S. 68 : Cash credits-Share application-Entries were circulating in nature-Failed to establish creditworthiness or genuineness of transaction-Addition is held to be justified.

Anantpur Kalpana v. ITO (2022) 194 ITD 702 (Bang.)(Trib.)

S. 68 : Cash credits-Demonetization-Cash deposits-Sale proceeds-Sale proceeds offered to tax as revenue receipt-Addition would lead to double taxation-Addition is deleted. [S. 44AB, 115BBE]

Sunil Bandacharya Joshi v. DCIT (2022) 194 ITD 725 (Bang.) (Trib.)

S. 56 : Income from other sources-Retired professional cricketer received ex-gratia payment from BCCI-Capital or revenue-Matter remanded to ascertaining whether registration of BCCI was restored under section 12AA for relevant assessment year or not. [S. 4, 12AA, 28(iv), 56(2)(vii)]

Sanjay Kumar Choudhary (HUF) v. ACIT (2022) 194 ITD 92 (Surat)(Trib.)

S. 68 : Cash credits-Loan-Commission-Search and seizure-Bogus accommodation entries-Addition is held to be justified-Fictitious-Bogus entries-Rejection of books of account justified. [S. 132, 145, 153C]

Electra Paper and Board (P.) Ltd. v. ITO (2022) 194 ITD 391 (Chd.)(Trib.)

S. 56 : Income from other sources-Share premium-Valuation of shares-Tentative balance sheet after audit by auditors, balance sheet audited subsequently would be sufficient compliance of provisions of rule 11U(b). [S. 56(2)(viib), R. 11UA]

IB Communications Network (P.) Ltd. v. ITO (2022) 194 ITD 277 (Bang.)(Trib.)

S. 56 : Income from other sources-Allotment of shares at premium-Fair market value of shares-Neither Assessing Officer, nor Commissioner (Appeals) had determined fair market value of shares in accordance with rule 11UA-Matter remanded to the Commissioner (Appeals) to determine fair market value of shares by following any of prescribed methods. [S. 56(2)(viib), R. 11UA]

Medicon Leather (P) Ltd. v. ACIT (2022) 194 ITD 44 (Bang.)(Trib.)

S. 56 : Income from other sources-Share premium-Valuation report-Apart from determination of FMV of shares under rule 11UA, intrinsic value is also one of prescribed method as per section 56(2)(viib)(a)(ii), but higher of valuation as per section 56(2)(viib)(a)(i) or (ii) has to be considered by Assessing Officer before applying those provisions Section 56(2)(viib) is applicable in year of issue of shares and not in year of receipt of premium. [S. 56(2)(viib), R. 11UA]

Reji Easow v. ITO (2022) 194 ITD 384/211 DTR 385 /216 TTJ 616 Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase-Under construction building-Date of registration-If possession was taken within period of 2 years from sale of existing residential house, even if same was not purchased from sale proceeds of existing property entitle to exemption. [S. 45]

Aniruddh Rinki Gandhi v. DCIT (IT) (2022) 194 ITD 376 (Ahd.) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence Capital Gain Account Scheme-Entire sale consideration was invested for purchasing new residential flat and said investment was within stipulated time limit-Eligible to claim deduction. [S. 54(4), 54F, 139]