This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
Click here to download the pdf versions of the Digest of case laws

S. 69C : Unexplained expenditure-Bogus purchases-Addition was restricted to 6% of alleged bogus purchases. [S. 133(6)]

Jaswantlal J. Shah. v. ACIT (2021) 190 ITD 157 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Search and seizure-Incriminating materials belongs to company-Addition in the assessment of the director was deleted. [S. 132]

JCIT v. Narayana Reddy Vakati (2021) 190 ITD 466 / 88 ITR 23 (Hyd.)(Trib.)

S. 69A : Unexplained money-Immoveable property-Purchase of property jointly with wife-Stamp valuation-Paid by wife-Addition was held to be not justified. [S. 148]

Ashish Bhardwaj. v. ITO (2021) 190 ITD 867 (SMC) (Delhi)(Trib.)

S. 69 : Unexplained investments-Purchase of immoveable property-Source of investment is not doubted-Addition is held to be not valid.

ITO v. Atmiya Infrastructure. (2021) 190 ITD 11 (Ahd.)(Trib.)

S. 69 : Unexplained investments-Benami transaction-Purchased land for 1.59 crores and sold for Rs.1.62 crores-Land was transferred for taking care-Addition was deleted-Assessing Officer directed to make in depth investigation. [S. 147, 148]

Didar Singh v. ITO (2021) 190 ITD 664 / 205 DTR 249 / 213 TTJ 473 (Amritsar)(Trib.)

S. 68 : Cash credits-Gifts-Identity and creditworthiness was established-Addition was held to be not justified.

Tapasi Singh (Smt.) v. ITO (2021) 190 ITD 7 (Kol.)(Trib.)

S. 68 : Cash credits-Foreign bank account of deceased father-Information from investigation wing-Failure to provide certified copy of bank account and bank statement-Addition was deleted-Remanded with specific direction to provide certified copy of bank statement and nexus with bank deposits. [S. 5(1)), 147, 148]

Karamjit S. Jaiswal v. DCIT (2021) 190 ITD 394 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital at premium-Valuation report-Real estate-Identity, creditworthiness and genuineness of transactions was proved-Addition was held to be unjustified.

Renu Proptech (P.) Ltd. v. ACIT (2021) 190 ITD 378 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Share subscriber did not appear for personal attendance-Matter remanded.

Sweet Sales (P.) Ltd. v. ITO (2021) 190 ITD 461 (Kol.)(Trib.)

S. 68 : Cash credits-Share capital and share premium-Copy of bank statements, confirmation of parties copy of ITR along with balance sheet was furnished-Deletion of addition was held to be justified.

DCIT v. Mahalaxmi TMT (P.) Ltd. (2021) 190 ITD 582 (Pune)(Trib.)