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. 80IA : Industrial Undertaking-Industrial undertakings–Infrastructure development-Operating and maintenance of airport-Agreement between airports authority and the assessee-Entitled to deduction. [S. 80IA(4)(i)(c)].
Dy.CIT v. Cochin International Airport Ltd. (2019) 76 ITR 44 (SN) (Cochin)(Trib.)
S. 69 : Unexplained investments–Cash transactions in bank accounts- Source of cash deposits–failed to explain source–Addition is held to be justified. [S. 131(1)]
Kamaljit Vij v. ITO (2019) 175 DTR 257 / 198 TTJ 299 (Asr.)(Trib.)
S. 68 : Cash credits-Addition on basis of statement of person who retracted it later-No opportunity of cross-examination given to assessee-Neither Assessing Officer nor Investigating Authorities bringing on record any incriminating documents to suggest assessee holding unaccounted income brought back as loans and advances-No unexplained credits in hands of assessee.
ACIT v. Sabari Millennium Impex (P.) Ltd. (2019) 75 ITR 119 (Cochin.)(Trib.)
S. 68 : Cash credits-Unsecured loan received substantiated by substantial documentary evidence-No proof by AO that loan emanated from coffers of assessee-Lenders corporate entities assessed to tax, making unsecured loans through banking channels-Complete details and evidence of lenders submitted by assessee-Addition is deleted. [S. 133(6)]
Radius Industries v. ACIT (2019) 75 ITR 547 (Delhi )(Trib.)
S. 68 : Cash Credits-Addition on basis of statement of person who retracted it later-No opportunity of cross-examination given to assessee-Neither Assessing Officer nor Investigating Authorities bringing on record any incriminating documents to suggest assessee holding unaccounted income brought back as loans and advances-Mere suspicion cannot be reason for making additions-It cannot replace the evidence on record placed by assessee supporting its explanation.
ACIT v. Sabari Switch Gear (P.) Ltd. (2019) 75 ITR 119 (Cochin)(Trib.)
S. 68 : Cash Credits-Assessee set up her own sewing machines in her home and gave contract to tailor–Received orders from customers and tailor stitching the cloth-Assessee and tailor sharing the receipts in ratio of 35 : 65-Assessee’s offer to demonstrate her claim on test check basis declined-Cash book and vouchers of day not examined-AO directed to verify sums reflected by assessee as her income of a specific day is 35 per cent. of sum total of receipts of vouchers of specific date.
Asha Gandhi (Smt.) v. ITO (2019) 75 ITR 36 (Chd.)(Trib.)
S. 68 : Cash credit–Bank statement–Books of account-credit in bank statement not credited in books of account, no cash deposits recorded in books of account-Transactions outside books of account- Addition as cash credit is held to be not justified.
Asha Sanghavi (Smt.) v. ITO (2019) 76 ITR 17 (SN) (Vishakha)(Trib.)
S. 56 : Income from other sources–Definition of relative–Includes Adopted child – “blood relative” is not mandatory. [S. 56(2)(vi)]
Dy. CIT v. Arvind N. Nopany (2019) 174 DTR 313 (Ahd.)(Trib.)
S. 56 : Income from other sources-Immovable property-Power of attorney executed in assesses favour-Assessee transferred full rights in respect of a plot without any consideration–Power of attorney was executed to maintain the property–N o transfer of property. [S. 56(2)(vii)(b)]
Gurdev Singh v. ITO (2019) 177 DTR 267 / 199 TTJ 535 (Asr.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Developer failed to delivered possession-Delay in construction is not attributable to the assessee-Entitled to exemption. [S. 45]
Abodh Borar v. ITO (2019) 76 ITR 30 (SN) (Delhi)(Trib.)