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. 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.)
S. 54 : Capital gains-Investment in a residential house-Assessee constructing nursing home and residential house on land purchased from sale proceeds-Exemption not available in respect of entire land but only on portion of land on which residential house constructed and appurtenant thereto-Authorities failing to compute vacant land appurtenant to residential house-Assessing officer to consider all these aspects for purpose of computing exemption-Assessee entitled to benefit of indexation.[S. 45]
Dr. Anjanaiah v. ACIT (2019) 75 ITR 315 (Bang.)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-No requirement that residential house should be constructed in a particular manner-Only requirement is residential use as against commercial use-Assessee constructing ground floor, first floor and second floor-Assessee keeping rights of ground floor and second floor with roof rights of first floor-Entitled to exemption. [S. 54F]
Vinod Kumar Sharma v. ITO (2019) 76 ITR 72 (SN) (Delhi)(Trib.)