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—loan from wife-Cash was deposited on the same day that cheque for that amount was issued- Addition is held to be justified.

Pawan Kumar Garg. v. CIT (2019) 410 ITR 131 (P&H) (HC)

S. 68 : Cash credits — Gifts —Overseas transactions through Bank conclusive proof- Credit worthiness of donor is required to be proved.

Narendra Kumar Sakaria v. ACIT (2019) 410 ITR 43/ 261 Taxman 513 (Mad.)(HC)

S. 36(1)(viia) : Bad debt-Provision for bad and doubtful debts – Schedule bank-Allowable only to the extent statutorily prescribed.

South Indian Bank Ltd. v. CIT (2019) 410 ITR 50 (Ker.)(HC)

S. 10B : Export oriented undertakings–Manufacture-Cutting and polishing of diamonds amounts to manufacture—Entitled to exemption.

J. B. Enterprise v. ACIT (2019) 410 ITR 138/ 175 DTR 171/ 307 CTR 415 (Guj.)(HC)

S. 10B : Export oriented undertakings–Manufacture- Purchase of semi-finished garments and making them export worthy-Constitute manufacture – Entitle to exemption.

CIT v. A. P. Export. (2019) 410 ITR 168/ 175 DTR 66 / 307 CTR 550(Cal) (HC)

S. 272A : Penalty – Delay in filing quarterly TDS returns- Tax deducted was deposited in time – Filing of TDS return was delayed in initial years of switch-over from manual system in a e-filing of quarterly TDS returns due to several technical glitches in working of revenue’s server- Levy of penalty is held to be not justified .[ S. 272A(2) (K),273B ]

Board of Control for Cricket In India. v. ACIT (2019) 174 ITD 355 (Mum) (Trib.)

S. 234B : Interest – Advance tax – Reassessment-Unexplained investment – levy of interest is mandatory [ S.147, 148,234B(3)]

Satish Katoch. v. ITO (2019) 174 ITD 337 (Chd) (Trib.)

S. 69A : Unexplained money – Documents seized in third party premises in the course of search- No mention of name of assessee in the seized documents -Deletion of addition is held to be justified .[ S.132(4A) ]

ACIT v. Navneet Kumar Sureka. (2019) 174 ITD 320 (Delhi) (Trib.)

S.68: Cash credits-Shares- Purchase of shares held to be genuine – Sale consideration cannot be assessed as assessee’s own unaccounted money [ S.45 ]

ACIT v. Navneet Kumar Sureka. (2019) 174 ITD 320 (Delhi) (Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp – Date of agreement -Registration – Value adopted or assessed or assessable by stamp valuation authority on date of agreement is to be taken for purpose of full value of consideration- The proviso to S. 50C was inserted by the Finance Act, 2016 with effect from 1-4-2017 is prospective in nature. [ S. 2(47)(v)45 ]

Amit Bansal v. ACIT (2019) 174 ITD 349 (Delhi) (Trib.)