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. 69B : Amounts of investments not fully disclosed in books of account-Excess stock-Survey-Deeming provision would not apply-Assessable at normal rates as business income. [S.115BBE,133A]

A. P. Knit Fab v Dy. CIT (2024) 111 ITR46 (Chad)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account-Excess stock-Discrepancy in cost of building-Cash expenditure-Income disclosed in the course of survey-Tax not be levied by applying the deeming provision. [S.40A(3) 115BBE, 133A]

Gurinder Makkar v. Dy. CIT (2024) 111 ITR 274 (Chd)(Trib.)

S. 69A : Unexplained money-Survey-Amount received from bank entity of another entity-Share capital-Addition is deleted.[S.133A]

Global Ship Trade P. Ltd. v. ITO (2024)111 ITR 56 (SN)(Ahd)(Trib)

S. 69A : Unexplained moneys-Demonetization-Not taxable as undisclosed income-Best judgement assessment-Order under section 144 is not valid.[S. 115BBE,144]

Sakina Ahmedali Kantavala v. ITO [2024] 163 taxmann.com 115 (Ahd)(Trib)

S. 69A: Unexplained moneys-Search-Cash seized during search-Explained the source of cash-Addition is deleted. [S. 132]

Hemant Samarataji Lohar v. CIT(A) [2024] 163 taxmann.com 292 (SMC)(Mum.)(Trib.)

S. 69A : Unexplained money-Addition on account of cash deposit during demonetization period-Agricultural income-Addition is deleted. [S.115BBE]

Sunil Solanki v. ITO (Raipur) (Trib) (UR)

S. 69A: Undisclosed money-Cash deposits during demonetization period-Deposits tallying with cash sales, audited accounts, and no mismatch of purchases, sales, and stock-in-trade-Addition is not justified.

Babusona Mondal v. Dy. CIT (2024) 111 ITR 1(SN) (Kol)(Trib.)

S. 69A : Unexplained money-Cash credits-Cash deposits in NRO account-Previous withdrawals-Addition is deleted [S.69A,147, 148]

Mahesh Chittubhai Patel v. ITO (IT) (2024) 112 ITR 187 /228 TTJ 752/236 DTR 281(Surat)(Trib.)

S. 68 : Cash credits-Surrender of income-Business income-Survey-No sum credited in books-Cannot be assessed as income from undisclosed source. [S.115BBE, 132,133A]

Jewel India Jewellers v. Dy. CIT (2024)111 ITR 42 (SN)(Kol)(Trib)

S. 68 : Cash credits-Share capital-Filed names of lenders, Permanent Account Numbers, addresses and Income-Tax Returns, credit worthiness, bank statement-Order of CIT(A) deleting the addition is affirmed-Unsecured creditors-Replied too notices and filed confirmation-Not appeared before Assessing Officer-Order of CIT(A) deleting the addition is affirmed-Statement recorded during search-Opportunity of cross examination is not given-Opening balance cannot be added. [S.133(6)]

ITO v. Design Deal Fashions P. Ltd. (2024)111 ITR 22 (SN)(Mum)(Trib)