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
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S. 69 : Unexplained investments-Income from undisclosed sources-Information coming to assessing officer of bank accounts in switzerland relating to assessee-Interest on balance in accounts computed and treated as undisclosed income-Tribunal for earlier year holding assessee not owner of amount in accounts and interest cannot be added in assessee’s hands.

Dy. CIT v. Anurag Dalmia (2021) 87 ITR 51 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Sale of shares-Neither assessee nor his brokers were named as illegitimate beneficiaries to bogus LTCG in any reports/orders of investigation wing-Assessable as long term capital gains.[S. 10(38), 45, 115BBE]

Ritu Jain (Smt.) v. ACIT (2021) 187 ITD 671 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Established identity and creditworthiness by filing copy of confirmation of accounts, copy of PAN card, bank statement ITR acknowledgement and financial statements-Addition is held to be not justified.

Abhijavala Developers (P.) Ltd. v. ITO (2021) 187 ITD 222 (Mum.)(Trib.)

S. 68 : Cash credits-Unsecured Loans-Initial burden is discharged by assessee-Low profit in return of income doesn’t mean no creditworthiness-Addition deleted.

Hindon Forge (P.) Ltd. v. Dy. CIT (2021) 87 ITR 258 (Delhi)(Trib.)

S. 56 : Income from other sources-Agricultural land purchased situated outside 8 km of municipal area is not a capital asset-Addition is not justified. [S. 2(14), 56(2)(vii)(b)]

Yogesh Maheshwari v. DCIT (2021) 187 ITD 618 (Jaipur)(Trib.)

S. 56 : Income from other sources-Shares at premium-DCF Method-The Assessing Officer cannot value on Net Asset value (NAV)-Order set aside and remanded to examine the issue afresh. [S. 56(2)(viib), R.11UA]

Innaccel Technologies (P.) Ltd. v. ACIT (2021) 187 ITD 441 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Sale of land-Assessable as capital gain-Entitle for exemption. [S. 28(i), 45]

Babulal v. ITO (2021) 187 ITD 851 (Bang.)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Deposit in capital gain account scheme-Gain can be charged to tax after expiry of three years from date of sale of a property if same was not utilised for construction of new residential house as assessee’s income for said third year. [S. 45]

Pratima C. Joshi (Smt.) v. DCIT (2021) 187 ITD 615 (Pune) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Entire sale consideration was in construction of house-Exemption cannot be denied on the ground that consideration was not deposited in capital gain scheme. [S. 54F(4), 139(1)]

Ramaiah Dorairaj v. ITO (2021) 187 ITD 460 (Bang.)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transferrable Development Rights (TDR)-Right in the land and not land-Provision is not applicable-Addition cannot be made as income from other sources. [S. 45, 56(2)(viib)]

Sowmya Sathyan (Smt.) v. ITO (2021) 187 ITD 149 / 202 DTR 198 / 211 TTJ 101 (Bang.)(Trib.)