Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Indbank Merchant Banking Services Ltd. v. Dy.CIT (2022) 94 ITR 4 (SN) (Chennai)(Trib.)

S. 80M : Inter corporate dividends-Fifty Per Cent. of average cost of borrowing considered as proportionate to earning of income from dividend out of borrowed funds-Proportionate interest expenditure alone to be disallowed-No disallowance of management expenses.

ACIT v. West Wing Infra Projects (2022) 94 ITR 58 (SN) (Ahd.) (Trib.)

S. 80IB(10) : Housing projects-One unit in project admeasuring more than 1,500 Sq. Ft.-Entitled to proportionate deduction.

Dy. CIT v. BPL Ltd. (2022) 94 ITR 66 (SN) (Bang.)(Trib.)

S. 74 : Losses-Capital gains-Set off of brought forward long term capital loss against share premium account in balance sheet pursuant to Corporate debt restructuring-When there was no change in shareholding will not affect the claim of such set off under the Act. [S. 79]

Sapankumar U. Jain v. ITO (2022) 94 ITR 216 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Additions cannot be made when the Assessee has discharged his onus of providing all the genuine details within his ambit to prove the genuineness of a transaction. [S. 133(6)]

ACIT v. Jotindra Steel & Tubes Ltd. (2022) 94 ITR 359 (Delhi) (Trib.)

S. 69A : Unexplained money-Search of third party-Noting extracted from computer file-Addition cannot be made on presumptions.

Fathimuthu Amma Mills Ltd. v. ACIT (2022) 94 ITR 6 (SN) (Chennai)(Trib.)

S. 69 : Unexplained investments-Search and seizure-Estimate of unaccounted sales-Merely on the basis of statement of clerk and Assistant General manager without corroborative documentary evidence, addition cannot be made. [S. 69A, 132]

Prakash Chand Kothari v. Dy.CIT (2022) 94 ITR 49 (Jaipur)(Trib.)

S. 69 : Unexplained investments-Search and seizure-Income of any other person-No satisfaction recorded-Data found in pen drive-Neither furnished the copy of statement nor an opportunity of cross examination-Addition on account of alleged cash loan was deleted. [S. 131, 132(4), 153C]

Intellectual Securities Pvt. Ltd. v. Dy.CIT (2022) 94 ITR 409 / 217 TTJ 56 / 213 DTR 111 (Delhi)(Trib.)

S. 68 : Cash credits-Shares at premium-Documents filed-Low return of income by the subscribers-Burden discharged-Addition is not valid.

DCIT v. Bridge & Building Construction Co. (P.) Ltd. (2022) 94 ITR 515 (Kol.)(Trib.)

S. 68 : Cash credits-Bank deposits-Addition is sustained-Advance from customer-Addition is not justified.

ACIT v. Jotindra Steel & Tubes Ltd. (2022) 94 ITR 359 (Delhi) (Trib.)

S. 68 : Cash credits-Sale of shares-Purchase of shares accepted as genuine by the Assessing Officer-Addition as cash credits is not justified.