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-Loan from Ahuja group-Accommodation entries-Repaid the loan-Tax is deducted at source on interest-Addition is deleted.[S. 147, 148]

Arun I Keshwarni. v. ITO (2023) 201 ITD 518 (SMC) (Mum) (Trib.)

S. 68 : Cash credits-Undisclosed Foreign Income and Assets-Protective addition-Addition made under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015-Addition cannot be made as cash credits under section 68 of the Income-tax Act, 1961 [Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, S.10]

DCIT v. Ashok Kumar Singh. (2023) 201 ITD 278 (Delhi) (Trib.)

S. 57 : Income from other sources-Deductions-Interest income on fixed deposits-Interest expenditure had not given rise to corresponding interest income-Not allowable as deduction. [S.56, 57(iii)]

RRPR Holding (P.) Ltd. v. DCIT (2023) 201 ITD 781/226 ITR 559 (Delhi) (Trib.)

S. 56 : Income from other sources-Immovable property-Tolerance band-Amendment to section 56(2)(x) by Finance Act, 2020 with effect from 1-4-2021-Increase in tolerance band for variation between stamp duty valuation and actual consideration from 5 per cent to 10 per cent is clarificatory/curative in nature having retrospective effect-No addition can be made. [S. 56(2)(x)]

Sandeep Kumar Poddar. v. ITO (2023) 201 ITD 344 (Kol) (Trib.)

S. 54F : Capital gains-Investment in a residential house-Construction delayed due to litigation-Exemption cannot be denied-Proportional deduction is allowed.[S. 45]

Sharada Mohan Shetty. v. ITO (2023) 201 ITD 21 (Bang) (Trib.)

S. 45(3) : Capital gains-Transfer of capital asset to firm-AOP-BOI-Transfer undivided title and rights in a land capital asset to AOP-Capital contribution-Amount credited to capital account-Transfer of capital asset-Taxable under section 45 (3) [S. 2(47 (ii)]

DCIT v. Ghanshyamdas J Sukhwani (HUF) (2023) 201 ITD 473 (Pune) (Trib.)

S. 45 : Capital gains-Purchase of shares-Reflected in account books-Payment was made to broker subsequent date-Capital gains cannot be assessed as income from undisclosed sources.[2(29AA,) 2(29B), 68, 69]

Bhuwaneshwar Prasad Singh v. ITO (2023) 201 ITD 865 /105 ITR 564/ 226 TTJ 600 (Delhi) (Trib.)

S. 45 : Capital gains-Purchase and sale of shares-Off market purchases-Adventure in the nature of trade-Penny stock-Assessable as capital gains and not as business income.[S. 10(38), 28(i)]

Ridhi Bagaria v. ITO (2023) 201 ITD 581 (Cuttack) (Trib.)

S. 45 : Capital gains-long-term securities-Penny stock-Scrip was not black listed by SEBI at relevant period-Paid STT-Denial of exemption is not justified-Addition as cash credits is deleted. [S. 10(38), 68]

Atulbhai Amritlal Mehta. v.DCIT (2023) 201 ITD 132 (SMC) (Ahd) (Trib.)

S. 44B : Shipping business-Non-residents-Computation-Inland haulage charges-Part of income from operation of ships in international traffic-Charges received from transportation of cargo through feeder vessels-Not taxable in India-income from IT support services-Matter remanded-DTAA-India-France. [S.9(1)(vii), Art.9(1), 13]

CMA CGM SA. v. ACIT (2023) 201 ITD 808 (Mum) (Trib.)