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-loose sheet found during search not in handwriting of assessee or of any of family members-No statement recorded from author of loose sheet regarding contents and no enquiries conducted with buyer of flat-Addition is held to be not valid. [S. 132]
Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha)(Trib.)
S. 68 : Cash credits-Share premium —Share applicants proved their creditworthiness and source of funds for investing – Addition is held to be not valid.
Dy.CIT v. HSM Steels P. Ltd. (2019) 70 ITR 47 (SN) (Hyd.)(Trib.)
S. 68 : Cash credit-Share premium-Addition made merely on basis of statement of a person recorded u/s.131 by DIT (Invt.) and there was no any other evidence on record-Addition is held to be not justified. [S. 131]
Lalithaa Jewellery Mart (P.) Ltd. ACIT (2019) 178 ITD 503 (Chenni)(Trib.)
S. 68 : Cash credit-Impounding of documents found during search-Satisfactory explanation is furnished–Addition cannot be made. [S. 132, 153A]
Dy. CIT v. Pumarth Commodities P. Ltd. (2019) 69 ITR 52 (SN) (Indore)(Trib.)
S. 68 : Cash credits-Bank deposits-Funds withdrawn from bank four months ago for purchase of a property but due to non-materialised of property transaction, money was re-deposited in bank account, addition cannot be as cash credits.
Baljit Singh. V. ITO (2019) 178 ITD 12 (Chd.)(Trib.)
S. 56 : Income from other sources-Interest income–Bank deposits-Assessable as income from other sources and not as income from business [S. 28(i)]
Global Entropolis (Vizag)(P.) Ltd. v. ACIT (2019) 178 ITD 179/ 202 TTJ 384/ 183 DTR 297 (Bang.)(Trib.)
S. 56 : Income from other sources-Share Premium-Share application money received from non-residents-Provisions of S.56(2)(viib) is not applicable – Additions cannot be made as cash credits. [S. 56(2)(viib), 68]
Edulink (P.) Ltd. v. ITO (2019) 178 ITD 174 (Bang.)(Trib. )
S. 56 : Income from other sources-Bonus shares-Provisions of S. 56(2)(vii)(c) would not apply to bonus shares. [S. 56(2)(vii)(c)]
DCIT v. Mamta Bhandari. (Smt.) (2019) 178 ITD 89 (Delhi)(Trib.)
S. 56 : Income from other sources – Capital or revenue-Amount received for relinquishing secretaryship of educational society cannot be treated as a capital receipt-Assessable as income from other sources. [S. 4, 45]
H. S. Ramchandra Rao v. CIT ( 2019) 419 ITR 480/ 311 CTR 945 / 184 DTR 305/( 2020) 269 Taxman 372 SC) www.itatonline.org Editorial : Order in CIT v. Ramachandra Rao (2011) 330 ITR 322 (Karn.) (HC) is affirmed)