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. 68 : Cash credits-Unexplained money-Withdrawals in cash and utilisation towards deposits-No defect in cash flow statement-Addition is deleted.[S.69]

Rakesh Sharma v. ITO (2024) 110 ITR 368 (SMC) (Jaipur)(Trib)

S. 68 : Cash credits-Unsecured loans-Filed copies of income-tax return acknowledgments, master-data of lenders, audited financial statements, memorandum and articles of association, copies of bank statements, loan confirmations and ledgers showing receipt and refund of loans with tax deducted at source-Burden discharged-Addition is deleted. [S.133(6)]

IRIS Clothings Ltd. v Dy. CIT (2024) 110 ITR 266 (Kol)(Trib)

S. 68 : Cash credits-Unexplained investments-Long-term Capital gains-Penny stock-Kappac Pharma-Suspected scrip-Scrip discredited by investigation report and Stock Exchange Boards-No material to contrary brought on record-Addition made on presumptions and human probabilities-Addition is deleted-Allowed exemption. [S. 10(38) 45, 69C]

Farzad Sheriar Jehani v. ITO (2024) 110 ITR 298 (Mum)(Trib)

S. 68 : Cash credits-Accommodation entries-Share capital, share premium and unsecured loan-Earning commission income a 20 Paise Per Rs. 100-Credit and debit entries in the bank account-Addition is deleted.

Bhavesh Commotrade P. Ltd. v Dy. CIT (2024) 110 ITR 180 (Ranchi)(Trib); ACIT v. Suresh Kumar Agarwal (2024) 110 ITR 180 (Ranchi)(Trib)

S. 55A : Capital gains-Reference to Valuation Officer-Computation-Cost of acquisition-Value as on 1-4-1981-Reference To Valuation Officer-Amendment With Effect From 1-7-2012-Substitution of words is at variance with its fair market value for is less than its fair market value-Reference can be made to Departmental valuation Officer only where value shown by assessee is less than fair market value-Declaring value as on 1-4-1981 at figure higher than value determined by Departmental Valuation Officer-Value adopted by Departmental Valuation Officer could not be taken for computing fair market value.[S.45,55A(a)]

Nirmala Venkatapathy (Smt.) v. ITO (2024)110 ITR 27 (SN) (Chennnai)(Trib)

S. 54 : Capital gains-Profit on sale of property used for residence-Not fulfilling conditions-Denial of deduction is not proper. [S. 45]

Mohan Lal Jain v. ACIT (2024)110 ITR 60(SN)) (Delhi) (Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Cash credits-Service tax out standing-Additional evidence is admitted-Matter is remanded for fresh adjudication. [S.43B, 68, 145A(ii), Form No 26A]

Casa Grande Civil Engineering P. Ltd. v. Jt. CIT (OSD) (2024)110 ITR 65 (SN)(Chennai)(Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Services rendered out side India-Not liable to deduct tax at source-Order of CIT(A) deleting the addition is affirmed. [S.9(1)(vii), 195]

Dy. CIT (OSD) v. Aspire Systems India P. Ltd. (2024) 110 ITR 1 / 232 TTJ 387 (Trib) (Chennnai)(Trib)

S. 37(1) : Business expenditure-Commission-Allowable as business expenditure-Sponsorship of festival-Nothing to prove connection with the business-Disallowance is affirmed.

Yala Construction Co. P. Ltd. v. Add. CIT (2024)110 ITR 1 (SN) (Delhi)(Trib)

S.37(1): Business expenditure-Commission-Not related party-Higher commission-Disallowance is deleted.

Srinathji Yamunaji Enterprises v ITO (2024) 110 ITR 63 (SN) (Mum)(Trib)