Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


CLSA India Private Limited v. ACIT (2021) 210 TTJ 484 (Mum.) (Trib.)

S. 73 : Losses in speculation business-Share broker-Purchase and sale of shares-Loss incurred from error trades-Not speculative-Allowable as business loss. [S. 28(i)]

Shelf Drilling Ron Tappmeyer Ltd. v. DCIT (2021) 209 TTJ 587 / 197 DTR 265 (Mum.)(Trib.)/Shelf Drill J.T .Angel Ltd v. DCIT(IT) (2021) 209 TTJ 587 ,/ 197 DTR 265 (Mum)(Trib)

S. 72 : Carry forward and set off of business losses-Set off of loss returned by Assessee in subsequent assessment years could not be declined only for the reason that assessment for assessment year in which the losses arose, was in progress and pending. [S. 240]

Ashite Kumar Singh v. ACIT (2021) 89 ITR 5 (SN) (Delhi)(Trib.)

S. 69A : Unexplained money-Salary income-Cash in hand was deposited in bank-Addition cannot be made as unexplained money. [S. 153A]

Sinnar Thermal Power Ltd. v. Dy.CIT (2021) 89 ITR 263 (Mum.)(Trib.)

S. 69A : Unexplained money-Cash found at office premises-Group companies-Accounted in the books of account-Addition is held to be not valid. [S. 132]

ACIT v. Ramcharan Tej Konidala (2021) 89 ITR 15 (SN) (Chennai) (Trib.)

S. 69 : Unexplained investments-On money-Purchase of property from developer-Charge sheet filed by the Central Bureau Of Investigation (CBI) in case of developer-No additional evidence was brought by the revenue-Deletion of addition is held to be justified.

Shivam Securities Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 61 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Share application money-All 16 Investor companies replied to notice u/s. 133(6) of the Act-Managing Director was not produced due to ill health-Matter remanded to the Assessing Officer-Order passed by the CIT(A) was cryptic and not speaking order-Order was set aside. [S. 131(1(d), 133(6), 250]

Rajesh Katyal v. Dy.CIT (2021) 89 ITR 71 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Loan-Revenue has accepted loan as genuine in earlier year-News reports in public domain stated that enforcement Directorate stated net worth of party was more than Rs. 1,000 Crores-Addition is held to be not valid. [S. 153A]

Nisarg Lifespace LLP v. ITO (2021) 89 ITR 22 (SN) (Mum.)(Trib.)

S. 68 : Cash credits-Loans-Alleged accommodation entries-Opportunity of cross examination was not provided-Summons was not issued-Loans received and repaid by account payee cheques-Tax was deducted at source-Addition was held to be not valid-Interest on said loans are allowable as deduction. [S. 36(1)(iii), 133(6)]

Dy. CIT v. Gogoal Hydro Pvt. Ltd. (2021) 89 ITR 65 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Summons Issued twice returned unserved-Report of inspector that no companies existed at given address-Forfeiture of share application money in immediately succeeding year-Addition is held to be proper.

Ekta Housing Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 56 (Mum.)(Trib.)

S. 68 : Cash credits-Loose sheets and data retrieved from mobile phones are not books of account-It may be assessed as business receipts and not as cash credits. [S. 2(12A)]