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. 69A : Unexplained money–Cash deposit in savings bank account of Rs. 37 lakhs-Sales as per return was only Rs.9.65 lakhs-Addition is held to be justified.

Krishan Kumar. v. ITO (2019)107 taxmann.com 463 / 265 Taxman 228 (P& H) (HC) Editorial: SLP of asessee is dismissed Krishan Kumar. v. ITO (2019) 265 Taxman 227 (SC)

S. 69 : Unexplained investments–Purchase of land-Addition made on the on the basis of statement and agreement of purchase is held to be valid.

Vijay Jain. v. CIT (A) (2019) 265 Taxman 81(Mag.) (MP)(HC

S. 69 : Unexplained investments–AO has not established the any such unaccounted investments – Order of Tribunal is affirmed. [S. 260A]

CIT v. Suvas Hitendra Barot (2019) 108 taxmann.com 58 / 265 Taxman 231 (Guj.)(HC) Editorial: SLP of revenue is dismissed CIT v. Suvas Hitendra Barot (2019) 265 Taxman 230 (SC)

S. 68 : Cash credits–Share application money-Share premium-Failure to produce share investors-Initial burden is not discharged-Addition is held to be justified.

Royal Rich Developers (P.) Ltd. v. PCIT (2019) 265 Taxman 99 (Mag.)(HC)

S. 68 : Cash credits–Bank deposits–Bank statement was produced before appellate authorities–Deletion of addition is held to be valid.

Dy.CIT v. Pushpak Merchants (P) Ltd. (2019) 108 taxmann.com 174/ 265 Taxman 433 (Chhatisgarh) (HC) Editorial : SLP of revenue is dismissed, DCIT v. Godavari TIE UP (P.) Ltd. (2019) 265 Taxman 432 (SC)

S. 68 : Cash credits–Loans-Confirmation was filed–Matter remanded to the AO. [S. 254(1)]

Bairappa Krishnappa v. CIT(A) (2019) 265 Taxman 446 (Karn.) (HC)

S. 37(1) : Business expenditure-Contribution to State Government towards construction of a bridge-Allowable as revenue expenditure.

CIT v. Salgaocar Mining Industries (P.) Ltd. (2019) 265 Taxman 317 (Bom.) (HC)

S. 36(1)(iii) : Interest on borrowed capital-Interest paid on decommissioning cost recovered from customers was rightly allowed as deduction-No substantial question of law. [S. 260A]

CIT LTU v. Nuclear Power Corpn. of India Ltd. (2019) 108 taxmann.com 310 / 265 Taxman 554 (Bom) (HC) Editorial : SLP of revenue is dismissed ,CIT LTU v. Nuclear Power Corpn. of India Ltd. (2019) 265 Taxman 553 (SC)/ 416 ITR 126 (St.)(SC)

S. 28(i) : Business income–Income from house property–Leasing of shops in a mall along with various other facilities-Assessable as business income and not as income from house property. [S. 22]

PCIT v. Krome Planet Interiors (P.) Ltd. (2019) 265 Taxman 308 / (2020) 423 ITR 62 (Bom.)(HC) (Editorial : Raj Dadarkar & Associates (2017) 394 ITR 592 (SC) is distinguished)

S. 12AA : Procedure for registration–Trust or institution-Object of assessee trust was to conduct work in area of research, studies, training, education, health etc.-Charitable in nature–Entitle to registration. [S. 2(15)]

CIT(E) v. Pratham Institute for Literacy Education & Vocational Training. (2019) 108 taxmann.com 312 / 265 Taxman 547 (Bom.)(HC) Editorial: SLP of revenue is dismissed , CIT ( E) v. Pratham Institute for Literacy Education & Vocational Training. (2019) 265 Taxman 546 (SC)/ 416 ITR 127 ( St) (SC)