Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Notice issued to share applicants u/s 133(6) of the Act-Matter remanded. [S. 133(6)]

Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Notice issued to share applicants u/s 133(6) of the Act-Matter remanded. [S. 133(6)]

Dy. CIT v. Ganpat Singhvi (2021) 207 DTR 181 (Mum.)(Trib.)

S. 68 : Cash credits-Income from undisclosed sources-Non-Resident-Balance in bank accounts abroad-HSBC in Geneva-Addition as peak addition is held to be not valid [S. 5(2), 69]

ACIT v. El Dorado Biotech Ltd. (2021) 198 DTR 23 (Ahd.)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Denial of opportunity to cross-examine witness-Principle of natural justice is violated-Entire addition solely on the basis of statement is deleted-The assessee has discharged by furnishing copes of PAN memorandum of association bank account details etc-Order of CIT(A) deleting the addition was affirmed. [S. 131]

Adhoi Vyapar (P.) Ltd. v. ITO (2021) 91 ITR 582 / (2022) 192 ITD 695 (Mum.)(Trib.)

S. 68 : Cash credits-Share application money-Proviso inserted to section 68 by Finance Act, 2012 with effect from 1-4-2013-Not retrospective in nature-Discharged the initial burden-Addition is not justified. [S. 69C]

Naveen Infradevelopers & Engineers Pvt. Ltd. v. Dy.CIT (2021) 213 TTJ 344 / 205 DTR 271 (Delhi)(Trib.)

S. 68 : Cash Credits-Identity, creditworthiness and genuineness of the transaction was proved-Addition was held to be not justified.

Sardari Lal v. ITO (2021) 214 TTJ 767 / 62 CCH 607 / 91 ITR 651 / 207 DTR 225 (Amritsar)(Trib.)

S. 68 : Cash credits-Books of account not maintained-Addition as cash credits not sustainable-Turnover more than Rs. 40 Lakhs-Gross profit rate of 8 Per Cent. can be applied. [S. 44AD, 44AF]

Harish Sharma v. ITO (2021) 207 DTR 475 (Chd.)(Trib.)

S. 68 : Cash credits-Nature and source fund in a notebook pertaining business concern-Addition cannot be assessed as undisclosed income Tax liability cannot be computed under section 115BBE of the Act. [S. 115BBE]

Mukul Gupta v. ITO (2021) 91 ITR 32 (SMC) (SN) (Delhi)(Trib.)

S. 57 : Income from other sources-Deductions-Interest-Chartered Accountant-Borrowing sum from firm in which he was partner paying interest and advancing sum to unrelated party at lower interest-Assessing Officer disallowing difference between interest earned and interest paid-Order is affirmed. [S. 56, 57(iii)]

Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 56 : Income from other sources-Assessing Officer cannot ignore valuation report-Addition on presumptions and surmises-Addition was deleted. [S. 56(2)(viib), R. 11UA]