Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Sushil Tyagi (2024) 115 ITR 90 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Search and seizure-Unsecured loans-Established identity and creditworthiness of lenders and genuineness of transactions, transactions through banking Channels, sufficient funds, and assessed to tax-Un explained investment-Sufficient cash balance-Deletion of addition by CIT(A) is affirmed-Loan carried forward from earlier year-No addition can be made-Share application money-Arithmetic error-Deletion of addition is affirmed-Interest-Consequential-Interest under section 234C only on returned income and not assessed income. [S.69A, 132, 153A, 234A, 234B, 234C]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Search-Third party-Unaccounted money Admitted by third party-Cross examination is not provided-Addition is deleted. [S. 132]

Chintpuri School v. Dy. CIT (2024) 115 ITR 17 (SN)(Amritsar)(Trib)

S. 68 : Cash credits-Un explained money-Cash deposit-Demonetisation-Addition cannot be made on suspicion-Addition is deleted-Business expenditure-Disallowance of expenses on estimate basis is disallowed. [S.37(1),115BBE]

Naveen Bolia v. ITO (2024)115 ITR 82 (Jodhpur)(Trib)

S. 68 : Cash credits-Closing balance of preceding years-Cannot be added as cash credits.

ITO v. Shree Banke Bihari Infracon P. Ltd. (2024)115 ITR 223 / 163 taxmann.com 344 (Raipur)(Trib)

S. 68 : Cash credits-Share Capital-Share premium-Explained the source and capacity-Addition is not valid-Assessment jurisdiction-Issue of jurisdiction was not raised within stipulated time-Assessment is valid.[S. 124(3), 142(1) 143(2), 143(3)]

ITO v. Arvindbhai Ratanbhai Mokani (2024)115 ITR 251 (Surat)(Trib)

S. 68 : Cash credits-Time deposit-Unexplained advances-Identity of recipient and source of funds made through banking channel established-Proceeds subject to capital gains-Deletion of addition is affirmed. [S. 45]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 56 : Income from other sources-Interest-Manual register with details of loan is seized in search-Addition cannot be made on basis of presumption-Rental income is offered to tax-Addition is deleted. [S. 69, 132(4A). [S. 69A, 69C, 131(IA), 132, 132(4A), 153C]

Servicos De Petroleo Constellation SA v.Dy. CIT (IT) (2024) 115 ITR 64 (SN)(Mum) (Trib)

S. 44BB : Mineral oils-Computation-Presumptive tax-Gross receipts-Circular No. 1 of 2014, dt. 13-1-2014(2014) 360 ITR 53 (St) Circular No. 4 of 2008, dt. 28-4-2008 (2008) 300 ITR 92 (St)

Shyam Kumar Gara v. ITO (2024) 115 ITR 13 (SN)(Kol)(Patna) (Trib)

S. 44AD : Presumptive basis-Unexplained money-Cash deposits Demonetisation-Cash deposits to be treated as part of gross turnover-Assessing Officer is directed to take only 8 Per Cent. of alleged gross turnover-Addition under section 69A is deleted-When the income is determined on estimate basis, bank transactions could not be segregated merely because deposits were made during the demonetisation period. [S.69A, 147, 148]

Pasura Subbaiah Muthanna v. ITO (2024) 115 ITR 5 (SN)(Bang)(Trib)

S. 44AD : Presumptive basis-Transportation of goods-Difference in Form No 26AS and return of income-Net profit rate of 8. 24 Per Cent declared in return is directed to be accepted. [S.44AB]