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.69C: Unexplained expenditure -Bogus purchases- Supplier admitted the supply of goods and genuineness of transaction, therefore purchases cannot be treated as bogus purchases addition of Rs 12.5% of the purchases was deleted. [S. 133(6)]

Shantivijay Jewels Ltd. v. DCIT ( Mum)(Trib) , www.itatonline.org

S. 69B : Amounts of investments not fully disclosed in books of account –Valuation of closing stock for availing of facilities from bank -Quantity of stock remaining same additions cannot be made .

CIT v. Gladder Ceramics Ltd. (2018) 401 ITR 205 (Guj) (HC)

S. 69B: Undisclosed investments- On money -Mere admission of amounts recorded in pen drive as additional unexplained income would not lead to drawing of adverse inference that unexplained investment was made by assessee for purchase of property, particularly when no evidence was produced to justify said payment by assesse [ S. 132(4) ]

Anil Jaggi. v. CIT (2018) 168 ITD 612 (Mum) (Trib.)

S. 69A : Unexplained moneys –Professional services – Only on the basis of AIR information without conducting any further enquiry addition cannot be made . Matter remanded . [ S. 133(6) ]

DCIT v. KPMG Advisory Services (P.) Ltd. (2018) 168 ITD 34 (Mum) (Trib.)

S.69A: Un explained moneys- Gross weight of jewellery disclosed in regular returns was in excess of gross weight of jewellery found in search, no seizure/addition was permissible. [ S. 132 ]

Nawaz Singhania (Mrs.) v. DCIT (2018) 168 ITD 478/ 162 DTR 137/ 191 TTJ 650 (Mum) (Trib.)

S. 69 : Unexplained investments – Investment in shares and bonds – Addition was deleted as the alleged information was not made available to the assesse.

DCIT v. Growmore Leasing & Investment Ltd. (2018) 168 ITD 1 (Mum) (Trib.)

S. 69 :Unexplained investments -Foreign Bank deposits – Information was received from Central Board of Direct Taxes that assessee was beneficiary of a trust in foreign Country, having account in LGT Bank, Liechtenstein, Germany -Addition was held to be justified .

Ambrish Manoj Dhupelia. v. DCIT (2018 ) 168 ITD 407 ( SMC) (Mum) (Trib.)

S. 68 : Cash credits -Share application money —Failure by AO to make inquiry on documentary evidence produced by assessee, deletion of addition was held to be justified [ S. 133(6),153A ]

Prabhatam Investment Pvt. Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib) Prabhatam Buildtech Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib) Prabhatam Build well Pvt. Ltd. v. ACIT (2018) 61 ITR 352 (Delhi) (Trib)

S. 68: Cash credits- Share application money – Addition cannot be made as cash credits unless the AO does not make any investigation on the documentary evidence filed by the assessee or asking for production of the investors .[ S. 131 ]

ACIT v. TRN Energy Pvt. Ltd.( Delhi)(Trib) ; www.itatonline.org

S. 68: Cash credits- Share premium can be assessed as undisclosed income if directors are allotted the shares at par and other at premium without any justification .Addition was held to be justified .Issue of second notice for reassessment was held to be valid [ S.69, 147, 148 ]

Cornerstone Property Investments Pvt. Ltd. v. ITO ( 2018) 193 TTJ 58/( 2019) 70 ITR 693 (Bang)(Trib) , www.itatonline.org