S. 69 : Unexplained investments-Photocopy of an alleged agreement to sell-Addition is not justified-Order of Tribunal deleting the addition is affirmed.[S.260A]
PCIT v. Rashmi Rajiv Mehta (Smt.) (2024) 299 Taxman 82 (Delhi)(HC)S. 69 : Unexplained investments-Photocopy of an alleged agreement to sell-Addition is not justified-Order of Tribunal deleting the addition is affirmed.[S.260A]
PCIT v. Rashmi Rajiv Mehta (Smt.) (2024) 299 Taxman 82 (Delhi)(HC)S. 68 : Cash credits-long term capital gains-Penny stock-Bogus claim-Sulabh Engineers & Services Ltd-Order of Tribunal is affirmed-High Court cannot be converted into an Appellate Tribunal to examine the factual issue which was not placed before the Tribunal or lower Authorities-No substantial question of law. [S. 45, 260A]
Manoj Jain (HUF) v. ITO (2024) 299 Taxman 456 (Cal.)(HC)S. 68 : Cash credits-Principle of natural justice-Adjournment application is not considered-Order is set aside [S. 143(3), Art. 226]
Dinamalar v. ACIT (2024) 299 Taxman 406 (Mad.)(HC)S. 68 : Cash credits-Unsecured loans-Statement in the course of search-Praveen Kumar Jain-Accommodation entries-Confirmation is filed-Loan received and repaid by account payee cheque-Order of Tribunal deleting the addition is affirmed.[S. 260A]
PCIT v. Bairagra Builders (P.) Ltd. (2024) 299 Taxman 460 (Bom.)(HC)S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Accommodation entries-Survey-Report of Investigation Wing-Delay of 303 days-Explanation offered by the Revenue is held to be not sufficient to condone the delay-SLP of Revenue is dismissed. [S. 10(38), 45 Art.136]
PCIT v. Anupama Mohapatra (2024) 299 Taxman 177 (SC) Editorial : PCIT v. Anupama Mohapatra (2024) 161 taxmann.com 702 (Orissa)(HC)/ PCIT v. Dipansu Mohapatra (2023] 293 Taxman 173 /[2024] 463 ITR 678 (Orissa)(HC)S. 68 : Cash credits-Statement of Directors-High Court affirmed the order of the Tribunal deleting the addition-SLP of Revenue is dismissed.[S. 132, Art. 136]
PCIT (Central) v. Dwarka Prasad Aggarwal (2024) 299 Taxman 363 / 471 ITR 435 (SC) Editorial : PCIT v. Dwarka Prasad Aggarwal(2022) 140 taxmann.com 32/ (2024) 471 ITR 432 (Delhi)(HC)S. 56 : Income from other sources-Share premium-Not received any consideration for allotment of shares in previous year relevant to current assessment year-Deletion of addition by the Tribunal is affirmed-Assessing Officer has no jurisdiction to substitute NAV method of assessing valuation of shares, once assessee has exercised option of a DCF valuation method as per rule 11UA(2)-Order of Tribunal is affirmed. [S.56(2)(viib), 260A, R.11UA(2)]
PCIT v. I.A. Hydro Energy (P.) Ltd. (2024) 299 Taxman 304/339 CTR 375 (HP)(HC)S. 54F : Capital gains-Investment in a residential house-Surrender of tenancy-Stamp duty value-Unexplained investment-Show cause notice-Not an empty formality-Entitle to exemption-Assessment order is quashed. [S. 45, 56(2)(x)(a), 56(2)(x)(b), 115BBE, 143(3), 144B Art. 226]
Vivek Jaisingh Asher v. ITO (2024) 299 Taxman 222 (Bom.)(HC)S. 44BB : Mineral oils-Computation-Non-resident-Royalty-supply/lease/hire of rigs to be used for drilling and exploration of mineral oils-Amount received is covered under provisions of section 44BB and taxable on gross/presumptive basis at rate of 10 per cent-DTAA-India-Malaysia.[S.9(1)(vi), 115A, 260A, art. 12]
CIT (IT) v. UMW Sher (L) Ltd. (2024)299 Taxman 67(Delhi)(HC) Editorial : UMW Sher (L) Ltd v. CIT (IT) (2023) 199 ITD 692 (Delhi)(Trib)S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Delay of 521 days-SLP of Revenue is dismissed. [Art. 136]
CIT v. Bhartiya Hotels (P.) Ltd. (2024) 299 Taxman 510 / 465 ITR 230 (SC) Editorial: CIT v. Bhartiya Hotels (P.) Ltd(2022) 143 taxmann.com 70 /( 2024)465 ITR 227 (Cal)(HC)