Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Ranveer Singh Chauhan v. ITO (2024)114 ITR 18 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Sale of agricultural land-Dishonour of cheque-Receiving back advance payment by cash-Sale not materialised-No long term capital gains-Matter remanded to for verification. [S. 45]

Cottage Arts Emporium v. ACIT (2024)114 ITR 69 (SN.) (Chennai)(Trib)

S. 68 : Cash credits-Cash deposits in bank account-Demonetisation-Cash sales and opening balance-Advance salary to employees-Addition is deleted. [S.115E]

ACIT v. Prasanna Purple Mobility Solutions P. Ltd. (2024)114 ITR 62(SN) (Pune)(Trib)

S. 68 : Cash credits-Share capital-Share premium-Loss making company-Genuineness of transaction is not proved-Addition is affirmed-Reassessment is affirmed. [S. 143(3) 147, 148]

Dy. CIT v. Pavankumar Bachhraj Chandan (2024)114 ITR 364 (Mum)(Trib)

S. 68 : Cash credits-Income from undisclosed sources-Capital gains-Penny stock-Securities transaction tax-Payments through banking channels-DMAT account-Burden discharged transactions cannot be held to be bogus-Entitle to exemption. [S. 10(38) 45, 69]

ITO v. Ashapura Petrochem Marketing P. Ltd. (2024) 114 ITR 599 (Ahd)(Trib)

S. 68 : Cash credits-Cash deposit-Demonetisation period-Sale of petrol, diesel and other petroleum products-Deletion of addition is affirmed. [S. 133(6)]

PVS Multiplex (India) Ltd. v. ACIT (2024)114 ITR 27 (SN)(Delhi)(Trib)

S. 50 :Capital gains-Depreciable assets-Block of assets-Multiplex theatre-Sale of shop-Assessable as capital gain and not as business income-Owning-Operating. [S.28(i), 80IB(7A)]

Smart Information Worldwide Inc. v. Dy. CIT (IT) (2024)114 ITR 33 (SN)(Chennai)(Trib)

S. 45 : Capital gains-Sale of shares-Mode of Computation-Non-Resident corporate entity-Sale of shares to another shareholder-Independent parties-Valuation report-Disregarding agreement value between assessee and other shareholder is not justified Section 50CA which was introduced by Finance Act, 2017 with effect from 2018-19 is inapplicable to year in question-Addition is not valid-Difference between income returned and that reflected in Form 26AS-Assessing Officer is directed to verify and reconcile. [S. 48, 50CA]

Dy. CIT v. Welspun Steel Ltd. (2024)114 ITR 107 /229 TTJ 485 (Mum)(Trib)

S. 45 : Capital loss-Sale of shares-Related entity-Avoidance of tax-Sham transaction-Capital Loss-Transactions not colourable device-Disallowance of long-term, and short-term, capital loss is not justified-Carry forward and set off-Amalgamation-Entitled to manage its business affairs as it deems fit within legal framework-Loss is allowable. [S. 72, Companies Act, 2013,S.19]

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)

S.43B: Deductions on actual payment-Statutory dues-Write-Back from taxable income-Provision offered to tax in earlier year and written back in subsequent year not taxable-Matter remanded for verification.

Bando (India) P. Ltd. v. Dy. CIT (2024)114 ITR 275 (Delhi)(Trib)

S. 43A : Rate of exchange-Foreign currency-Business expenditure-Capital or revenue-External commercial borrowing loans-Loss on reinstatement of external commercial borrowing-Mere reinstatement of losses per Accounting Standards without actual payment or remittance-Addition cannot be made-Additional ground is admitted. [S.37(1), 254(1)]