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 – Private discretionary trust – Beneficiary – Settlor – Beneficiary can be taxed only income component – Settlor has to explain the source of investments – Matter set aside – Penalty appeal also set aside .[ S.271(1) ( c) ]

Dr. Atul T Patel. v. DCIT (2019) 108 taxmann.com 227 /(2020) 181 ITD 812/ 193 DTR 221/ 207 TTJ 252 (Ahd) (Trib.)

S.68: Cash credits – Share capital – Creditworthiness of subscribers and genuiness of transactions were proved- Addition is held to be not justified .

Tradelink Carrying (P.) Ltd. v. ITO (2020) 181 ITD 408 (Kol) (Trib.)

S. 68 : Cash credits -Share capital – Companies never existed in given addresses- Fictitious and bogus companies- Addition is held to be justified . [ S. 153A , 153C ]

Par Excellence Leasing and Financial Services (P.) Ltd. v. ACIT (2020) 181 ITD 437/ 195 DTR 129/ 207 TTJ 1133 (Delhi) (Trib.)

S.68: Cash credits – Bank deposits -Produced all relevant documents- Merely because assessee had not filed an application to file such additional evidence before CIT (A) such additional documents could not be rejected. [ S.251 ]

Pabitra Mohan Samal v. ITO (2020) 181 ITD 391 (Cuttack) (Trib.)

S.68: Cash credits -Share capital- Furnished details of bank account, PAN, ITRs and financials etc. of share applicants- In response to notice issued under S. 133(6), share applicants had confirmed investment made by them along with source of their investment- Mere non-production of directors, without bringing any contrary material on record -Addition is held to be not valid .[ S.133(6 ) ]

ITO v. Commitment Financial Services (P.) Ltd. (2020) 181 ITD 682 / 113 taxmann.com 565 (Delhi) (Trib)

S. 68 : Cash credits – Long term capital gain- Sale of shares- investor in many years – Addition is held to be not justified . [ S. 10(38) ]

Anoop Jain. v. ACIT (2020) 181 ITD 218 /186 DTR 57/ 203 TTJ 552 (Delhi) (Trib.)

S. 68 : Cash credits –Loan form penny stock company– Matter remanded to the AO for verification whether SEBI has taken any action against alleged Company which has given loan to the assessee. [ S.115BBE ]

Rajbir Kaur (Smt.) . v. ITO (2020) 181 ITD 67 (Chd) (Trib.)

S. 68 : Cash credits – Accommodation entries – Tax Avoidance- Bogus short term capital loss- Addition is held to be justified .[ S.45 ]

Sanjay Kaul. v. ITO (2020) 181 ITD 146 / 206 TTJ 176 /82 ITR 441 / 191 DTR 60 (Delhi) (Trib.) Editorial : Affirmed in Sanjay Kaul v. PCIT ( 2020) 427 ITR 63/ 274 Taxman 301/ 119 taxmann.com 470/193 DTR 57/ 316 CTR 337

S.56: Income from other sources- Immovable property is considered to be transferred on date of execution of registered document and not on date of delivery of possession- Rectification of mistake – Tribunal has no power of review . [ S.56(2) (vii) (b), 254(2) ]

Sujauddian kasimsab Sayyed. v ITO (2020) 181 ITD 564 (Mum) (Trib.)

S. 56 : Income from other sources- Family settlement – Release deed Property from his brothers on account of Family Settlement- No commercial transaction addition cannot be as income from other sources [ S.56(2) (vii) (b) ]

Govind Kumar, Khemka. v. ACIT (2020) 181 ITD 586 / 193 DTR 341/ 207 TTJ 393 (Delhi) (Trib.)