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. 69A : Unexplained money-Trading in firecrackers-Cash deposited-Demonetisation-Cannot be assessed as undisclosed income. [S. 145]

Durga Fire Work v. ITO (2024)113 ITR 53 (SN)(Delhi)(Trib)

S. 69 : Unexplained investments-Unexplained money-Agricultural activities-Mistakenly reported as gross instead net income-Affidavit explaining the facts-Not cross examined-Content is proved to be correct unless rebutted by evidence-Addition is deleted-Delay in filing of appeal is condoned. [S,69A 115BBE]

Madan Lal v. ITO (2024)113 ITR 636 (Jodhpur)(Trib)

S. 68 : Cash credits-Cash deposit-Demonetisation period-Business of retail trading in medicine-Books of account not rejected-Addition is deleted. [S. 145]

Subhojit Paul v.ACIT (2024)113 ITR 3 (SN)(Kol)(Trib)

S. 68 : Cash credits-Sales from branch-Books of account accepted-Cash sales can not be assessed as cash credits. [S. 145]

Radiant Cement Co. P. Ltd. v. ITO (2024)113 ITR 28 (SN)(Chd)(Trib)

S. 68 : Cash credits-Cash deposit-Demonetisation period-Agricultural income-Living expenses-Addition to the extent of balance sustained-Rate of tax-Provision for taxing cash credits at sixty Per Cent. introduced from 15-12-2016 is not applicable for earlier period.[S. 115BBEE]

Nilaben Aravindbhai Lad v. ITO (2024)113 ITR 17 (SN)(Surat) (Trib)

S. 68 : Cash credits-Share application moneys-Premium-Filled all details regarding identity of share allottees, their Permanent Account Number Cards, Passports, acknowledgment of income-Tax Returns, Bank Statements etc-Addition is deleted. [S.56(2)(viib)]

Kuna Impex P. Ltd. v. Dy. CIT (2024)113 ITR 7 (SN)(Ahd)(Trib)

S. 119 : Central Board of Direct Taxes- Circular – Property held for charitable purposes – –Form No. 10B was filed manually before due date of filing of return – Mandatory e-filing of Form 10B – Delay of 2732 days in filing the form electronically –Delay is condoned –The delay should be condoned as long as such lapse is not mala fide and the assesseee has not derived any undue advantage out of his own lapse – Order of CIT( E) rejecting the application for condonation of delay is quashed and set aside . [S. 11, 119 (2)(b) , 139(9), 143(1), 154, Art. 226 ]

The Borivali Education Society v. CIT (E) (Bom) (HC). www.itatonline.org . 1.

S. 68 : Cash credits-Cash deposits-Demonetisation period-Retail sale of ladies garments-Application of net profit of 8 Per Cent. on cash deposit is to be treated as income from business and not to be taxed as unexplained money.[S.44AB, 44AD, 69A, 115BBE]

Jayesh Jagat Parekh v. ITO (2024)113 ITR 418/232 TTJ 116/242 DTR 9 (Mum)(Trib)

S. 68 : Cash credits-Long-term capital gains-Penny stock-Accommodation entry-International Conveyors Ltd-Addition is deleted.[S. 10(38), 45, 115BBE]

Elara India Opportunities Fund Ltd. v. Dy. CIT (IT (2024) 113 ITR 275 (Mum) (Trib)

S. 68 : Cash credits-Long-term capital gains-Penny stock-Magrigold Glass Industries Ltd (now known as Greencrest Financial Services Ltd)-No evidence of conversion of unaccounted money to bogus long-term capital gains-Securities and Exchange Board of India enquiry not producing anything incriminating on company or its directors-Order of CIT(A) is affirmed.[S. 10(38), 45]

Dy. CIT v. Nisha Shantaram Pokle (2024)113 ITR 327 (Mum)(Trib)