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.69A: Unexplained money -Cash deposits -Demonetization period -Sales made to various parties -Produced copy of bills, sale/VAT return, stock register and VAT assessment order -Order of CIT(A) deleting the addition is affirmed. [S. 115BBE]

ITO v. J.K. Wood India (P.) Ltd. [2024] 205 ITD 10/ 109 ITR 47 (SN) (Delhi)(Trib)

S. 68:Cash credits – Proved identity creditworthiness and genuineness- Addition is deleted.[S. 148]

Poddar Realtors v. ITO [2024] 109 ITR 605 (Kol) (Trib)

S. 68 : Cash credits -Discharged the burden by filing confirmation and other details – The AO cannot deem creditors as bogus solely due to lack of response, & without presenting evidence to demonstrate that the payables were unnecessary to settle- Order of CIT(A) deleting the addition is confirmed. [S. 133(6)]

ACIT v. Real Impact P. Ltd. [2024] 109 ITR 29 (SN)(Delhi)(Trib)

S. 68 : Cash credits -Estimation of income -Ex parte order by CIT(A) and Assessing Officer -Matter was remanded to Assessing officer for de novo assessment.[S. 148, 251]

Alpha Heavy Engineering (P.) Ltd. v. ITO [2024] 205 ITD 106 (Mum) (Trib)

S. 68 : Cash credits -Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act- Tax deducted at source -Filed confirmation- Burden is discharged -Addition is deleted.[S.131, 133(6)]

Rajgreen Infralink LLP v. Dy. CIT [2024] 109 ITR 52 (Surat)(Trib)

S. 56: Income from other sources – Sale of property — Stamp value — Agreement fixing consideration in 2010,registration taking place in 2013 — Paid part consideration by cheque in 2010 before date of agreement — Stamp value on date of agreement In 2010 to be considered- Addition is deleted. [S. 56(2)(vii)(b)]

Shyamkumar Madhavdas Chugh v. ACIT [2024] 109 ITR 49 (SN)/ 205 ITD 227 (Delhi)(Trib)

S. 54F : Capital gains -Investment in a residential house -Three flats -Single unit to be eligible for deduction.[S. 45]

Bhaskar Prataprai Shah v. DCIT [2024] 161 taxmann.com 412 (Mum)(Trib)

S. 54F : Capital gains -Profit on sale of property used for residence -Registered in the name of the parents -Payment made through assessee’s bank account -Registered property gifted to the assessee by parents -Rule of purposive construction -Deduction is allowed.[S. 45, 54]

Rajiv Ghai v. Asst. CIT [2024] 109 ITR 439 (Delhi)(Trib)

S.54EC: Capital gains-Investment in bonds -Investment in bonds -Sale of office premises -Depreciable assets -Six months mentioned in section 54EC is to be recorded as six British calendar months -Eligible for deduction in respect of both investments. [S. 2(11), 45, 50]

Shangar v. DCIT [2024] 205 ITD 126 (Ahd) (Trib)

S.54: Capital gains -Profit on sale of property used for residence-Purchase of new house in name of spouse -Eligible for deduction.[S. 45, 54F]

Simran Bagga v. ACIT [2024] 205 ITD 100 (Delhi) (Trib)