S. 69 : Income from undisclosed sources-Survey-Addition based on statement given to survey team on documents found indicating receipt of large amounts-No retraction-Addition upheld. [S. 133A]
S. 69 : Income from undisclosed sources-Survey-Addition based on statement given to survey team on documents found indicating receipt of large amounts-No retraction-Addition upheld. [S. 133A]
S. 68 : Cash credits-Share capital-Submitted share application form, copy of share certificates, copy of board resolution, certificate of incorporation etc. with respect to all investor and all investor entities had sufficient net worth to make investment, additions as unexplained cash credit was unjustified. [S. 147, 148]
S. 68 : Cash credits-various evidences filed including financial statement of creditor to prove his identity and creditworthiness and genuineness of transactions, merely for reason that loan were received in cash was unjustified.
S. 68 : Cash credits-Addition is not sustainable where the assessee-company has been able to prove the identity of the investor, its creditworthiness and genuineness of the transaction. [S. 69C, 147, 148]
S. 68 : Cash credits-Unexplained investments-Seizure of Banakhat duly signed by the assessee-Addition U/s 68 on account of non-availability of ROI and Bank account of lender-Held that AO has not brought any material or evidence to disprove the genuineness of information submitted by the assessee-The appeal of the revenue is dismissed. [S. 69, 153A]
S. 54F : Capital gains-Exemptions-investment in house property in name of assessee’s widowed daughter was allowable-Direct nexus between sale consideration received and investment in house property-Entitle to exemption. [S. 45]
S. 54B : Capital gains-Land used for agricultural purposes-HUF-Entitle for exemption. [S. 2(31), 45]
S. 50C : Capital gains-Full value of consideration-The value adopted by the stamp valuation authority on the date of agreement to be taken as full value of sale consideration. [S. 45, 132, 153C]
S. 47 : Capital gains-Short term-Transfer-Any transaction involving the allowing of the possession of any immoveable property-Invoking section 53 of Transfer of Property Act-not a transfer-Addition was deleted. [S. 2 (47)(v), 48, Transfer of Property Act,1882, S. 53A]
S. 45 : Capital Gain-Benefit or gain on realization of loan issued in foreign currency on account of foreign exchange fluctuation-In capital field cannot be held to be in the nature of interest and taxed as income from other sources. [S. 2(24)(vi), 2(28A), 56]