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-Payment of insurance premium-Payment though bank-Addition is deleted.

Kamal Binani v. ITO(2023) 222 TTJ 17 (UO) (SMC) (Mum)(Trib)

S. 68 : Cash credits-Share application-Furnished names, address PAN, copies of bank account etc of investor companies-Addition is deleted.

Dy. CIT v. Mahavir Ashok Enterprises (P) Ltd (2023) 223 TTJ 947 (Raipur)(Trib)

S. 68 : Cash credits-Sale of shares-Penny stock-Long term capital gains-Report of investigation wing from Kolkata-Pine Animation Ltd-Purchase of shares, payment for purchase of shares through banking channel–Genuineness of transaction is proved-Cannot be assessed as cash credits-Entitle to exemption. [S. 38, 45]

Gopal Nihchaldas Pariani v. ITO (2023) 223 TTJ 361 / 152 taxmann. com 252 (Mum)(Trib)

S. 68 : Cash credits-Agricultural income-Lease agreement furnished-Deletion of addition is affirmed-Un secured loan-Discharged the burden-Deletion of addition is justified. [S. 10(1), 133(6)]

ITO v. Goodyield Farming Ltd (2023) 223 TTJ 121 (Mum)(Trib)

S. 68 : Cash credits-Income from undisclosed source-Income declared under IDS, 2016-Telescoping-Matter remanded to the Assessing Officer. [S. 69, 69A]

Sai Prasad Baruah v. ACIT(2023) 223 TTJ 897 (Gauhati)(Trib)

S. 56 : Income from other sources-Share premium-Valuation report by the Chartered Accountant-Considering net-worth of two step down subsidiaries-Acquired after valuation date-Addition is affirmed. [S. 56(2)(viib), R. 11UA]

ITO v. LNB Renewable Energy (P.) Ltd. (2023) 222 TTJ 336 / 145 Taxmann.com 269 (Kol.)(Trib.)

S. 56 : Income from other sources-Shares at premium-Valuation of report by the Chartered Accountant-DCF method-Deletion of addition is affirmed. [S. 56(2) (viib), R. 11UA]

ITO v. Goodyield Farming Ltd (2023) 223 TTJ 121 (Mum)(Trib)

S. 54F : Capital gains-Investment in a residential house-Only part of consideration is utilised for purchase of property before due date of filing of return-Balance consideration is not deposited under Capital gains Account Scheme-Exemption is not available. [S. 54B,54F(4)139(1)]

Santosh Maruti Borate v. ITO (2023) 221 TTJ 422 (Pune )(Trib)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Objection by the Assessee-Matter remanded to the Assessing Officer to refer the matter to District Valuation Officer-Reassessment is held to be valid. [S. 45, 147, 148]

Ramdoss Ramvijay Kunar v. ITO(2022) 222 TTJ 39 (UO) (Chennai) (Trib)

S. 54F : Capital gains-Investment in a residential house-Date of agreement to be considered as date of sale-Amount paid for purchase of new property is more than the amount of sale consideration-Entitle to exemption. [S. 45]

Muthu Daniel Ranjan v. ACIT(2023) 222 TTJ 498 (Chennai)(Trib)