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-Partner-Firm declaring income under Income Declaration Scheme but not paying taxes thereon-Income belonging to firm whether disclosed or undisclosed to be taxed only in hands of firm and not in hands of partner-Share of income from firm not taxable in Assessee’s hands. [S.10(2A)-Income-Circular No. 8 of 2014, Dated 31-3-2014 [2014] 362 ITR(St) 33
Ketan Tokershi Shah v. Dy. CIT (2023)106 ITR 4 (SN)(Mum) (Trib)
S. 68 : Cash credits-Demonetisation-Trading in gold and diamond jewellery and precious stones-Receipts from sales-Sales recorded in sales register, stock register, cash book and forming part of overall sales credited in profit and loss account and offered to tax as business income-Addition cannot be made as cash credits. [S. 132(4)]
ITO v .Swarnsarita Jewellers (2023)106 ITR 75 (SN.) (Mum) (Trib)
S. 68 : Cash credits-Unsecured loans-Identity and genuineness is proved-Deletion of addition is affirmed-Reassessment-Information from Investigation Wing Without correlating and verifying with assessment records-Re assessment is bad in law.[S. 147, 148]
Dy. CIT v. Inter Globe Finance Ltd. (2023)106 ITR 51 (SN)(Kol) (Trib)
S. 68 : Cash credits-Credit worthiness and genuineness of transactions filed-Loans received through banking channels-Addition is deleted-Estimate of agricultural income is affirmed . [ S.133(6) ]
Chandubhai Parshottambhai Borad v. ITO (2023)106 ITR 87 (SN) (SMC)) (Surat) (Trib)
S. 68 : Cash credits-Sale of agricultural land-Cash deposited in the bank account-Source of deposit explained-Addition is deleted-Re assessment is quashed. [S. 69,147, 148]
Jagir Singh v. Asst. CIT (2023)106 ITR 233/225 TTJ 462 (Chd) (Trib)
S. 68 : Cash credits-Share Capital-Furnished bank statements, audited accounts and computations of income-Companies’ cases subjected to scrutiny assessment-Source of source explained-Shareholders and directors of companies not attending in response to summons-Not ground to tax credits. [S. 131]
Dy. CIT v. Narsingh Ispat Ltd. (2023)106 ITR 453 / 156 taxmann.com 344 (Kol) (Trib) Editorial : Affirmed in PCIT v. Narsingh Ispat Ltd [2024] 161 taxmann.com 483 / 463 ITR 566 (Cal)(HC)
S. 57 : Income from other sources-Deductions-Interest paid on unsecured loans taken from family members Claimed Against interest earned on fixed deposits with banks-Matter remanded. [S. 40A(2)(b), 56]
D. D. and Co. v. Asst. CIT (2023)106 ITR 89 (SN)(Mum) (Trib)
S. 57 : Income from other sources-Deductions-External commercial borrowings advanced as loans to sister concerns-Interest expenditure directly related to interest earned-Violation of Reserve Bank of India guidelines not relevant for allowance of deduction-Deduction is allowable .[ S. 56 , 57(iii) ]
Airmid Developers Ltd. v Dy. CIT (2023)106 ITR 82 (SN)(Mum) (Trib)
S. 54F : Capital gains-Investment in a residential house-Investment of net consideration in construction of house-Full value of consideration-Deeming fiction is not applicable-Entitled to exemption-Penalty deleted. [S. 48, 50C, 139(4), 271(1)(c)]
Lalit Kumar Kalwar v. ITO (2023)106 ITR 373 /226 TTJ 192 / 156 taxmann.com 27 (SMC) (Jaipur) (Trib) Lalit Kumar Kalwar v. ITO (2023)106 ITR 401 (Jaipur) (Trib)
S. 54B : Capital gains-Land used for agricultural purposes-Finding that land not used for agricultural purposes in two preceding years No agricultural is shown by assessee in past years-Order of Assessing Officer is affirmed. [S. 45]
Dy. CIT v. Subhash Hastimal Lodha (2023)106 ITR 101 (SN) /(2024) 228 TTJ 492 (Pune)(Trib)