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. 80G : Donation-Corporate Social Responsibility requirements-Denial of approval is not justified. [S. 12A, 80G(5)(vi)]

Sabtera Foundation v. CIT(E) (2020) 77 ITR 296 (SN) (Chd.)(Trib.)

S. 69A : Unexplained money–Cash gift from brother–Stamp paper used for the alleged gift was purchased after two years after declaration of gift-Addition is held to be valid-regarding professional receipts–Addition is deleted.

Soniya Ashokkumar Sachdev v. ITO (2020) 77 ITR 54 (SN) (Pune)(Trib.)

S. 69 : Unexplained investments-Books of account not audited–Net profit to be estimated at 8%-Cash gift from relatives-Mother in law-Relative-Agricultural income-No reason to doubt genuineness and creditworthiness of source-Addition is not justified. [S. 56, Explanation, (e), 68]

Vinod Kumar Jain v. ITO (2020) 77 ITR 83 (SN) / 205 TTJ 527(Indore)(Trib.)

S. 69 : Unexplained investments-Purchase of property-Source of investment-Remanded to CIT(A). [S. 250]

Mustafa Chhawaniwala v. ITO (2020) 77 ITR 5 (SN) (Indore)(Trib.)

S. 69 : Unexplained investments–Search and Seizure-Unexplained cash and jewellery-Benefit is given as per circular No 1016 dt 5-11-1994-Explanation is not satisfactory–Addition is held to be justified. [S. 132]

Bishan Bansal v. Dy.CIT (2020) 77 ITR 95 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Purchase of site-Transaction has not materialized–Addition is held to be not justified.

P. Ramachandra Reddy v. ITO (2020) 77 ITR 49 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Failure to prove creditworthiness of the creditor –Addition is held to be justified.

Dibyajyoti Chemicals P. Ltd. v. Dy. CIT (2020) 77 ITR 40 (SN) (Cuttack)(Trib.)

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

Debjyoti Dutta v. ITO (2020)77 ITR 17 (SN) (Cuttack)(Trib.)

S. 68 : Cash credits–Additional evidence–AO is given sufficient opportunity to examine the additional evidence–Deletion of addition s held to be justified. [S.151, R.46A]

Dy.CIT v. NIC Construction P. Ltd. (2020)77 ITR 78 (SN) (Indore) (Trib.)

S. 68 : Cash credits–Information from bank statements of creditors-Finding recorded on the basis of another creditor–Information not furnished to the assesee-Violation of principle of natural justice-Remanded to CIT(A) to decide the issue after obtaining the remand report from the AO. [R. 46A]

Balwinder Kumar Sharma v. ACIT (2020) 77 ITR 380 (SN) (Chd.)(Trib.)