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-Credit card expenses incurred in representative capacity-Reimbursed expenses-Addition was deleted-Seizure of gold jewellery-Source explained-Addition was deleted. [S. 132]

Paul Dhinakaran v. DCIT(2025) 237 TTJ 850 (Chennai)(Trib)

S. 69A: Unexplained money-Cash deposit in bank account-Matter remanded to the file of CIT(A)-Reassessment was affirmed.[S. 147, 148]

Akshat Loyalka v. ITO (E) (2025) 237 TTJ 200/ 126 ITR 373/ 175 taxmann.com 42 (Jaipur)(Trib.)

S. 69: Unexplained investments-Non-Resident-Investment in property-Co-owner-Source of investment was explained-Addition was deleted.

Nilesh Purshottam Ghodasara v. DCIT (2025) 237 TTJ 618 (Delhi) (Trib.)

S. 69: Unexplained investments-Capital introduced by partner-The explanation furnished by the assessee cannot be rejected merely on suspicion-Order of CIT(A) deleting the addition was affirmed.

ITO v. Kalidas Jivabhai Patel (2025) 237 TTJ 95 (Ahd)(Trib)

S. 68: Cash credits-Share capital-Addition already made in the hands of investor companies-Amount cannot be taxed again in the hands of the assessee company as the Act does not envisage taxation of the same income twice over on one passage of money.

ACIT v. Double Plus Software (P) LTD. (2025) 237 TTJ 769 (TM) (Delhi) (Trib.)

S. 68: Cash credits-Advance received from customers of the housing project-Offered to tax such advances received in the subsequent years-Addition was not justified-Entitled to claim deduction under s. 80-IA-Addition was rejected. [S. 80IA]

Kumar Urban Development (P) Ltd. v. DCIT (2025) 237 TTJ 881 (Pune) (Trib.)

S. 68: Cash credits-Cash deposits-Demonetization-Survey-Cash sales accepted-Auditors have certified that proper books of account as required by law have been kept by the assessee and books of account give a true and fair view of profit-The rejection of the books of account by the CIT(A) was held to be not justified-Addition was deleted. [S. 69A, 133A, 145(3)]

Peeyush Agarwal v. ITO (2025) 237 TTJ 515 (Jaipur)(Trib)

S. 68: Cash credits-Difference between amount of loan shown in audit report and confirmation-Filed confirmation-two separate account-Deletion of addition was affirmed.

ITO v. Somila Texfab (INDIA) (P) LTD. (2024) 237 TTJ 333 (Jodhpur)(Trib)

S. 68: Cash credits-Share application money-On account of convertible equity warrants from companies which are operated by an entry operator –AO was justified in treating the amount as unexplained income of the assessee. [S. 131(IA) 132(4),133(6)]

ITO v. Evexia Lifecare Ltd. (2025) 237 TTJ (Ahd) 1(Ahd)(Trib)

S. 56: Income from other sources-Fair market value of shares acquired by assessee from AE-The assessee purchased the shares of ETL at Rs. 14.30 per share, which is higher than its FMV-Even if the assessee has obtained the valuation report at a later date, as long as it is able to demonstrate that the FMV has been ascertained in accordance with R. 11UA(1)(c) based on audited balance sheet drawn up on the valuation date, said report cannot be rejected for being obtained post the date of transaction-CIT(A) was justified in deleting the addition made under s. 56(2)(x)[S.56(2)(x), R.11UA(1)(c)]

DCIT v. Aathmika Holdings (P) Ltd. (2025) 237 TTJ 943 / 176 taxmann.com 1001 (Chennai)(Trib)