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. 69 : Unexplained investments-Purchase of mobile phone-Recorded in the books of account-Advance for purchase of car-Loose sheet-Dumb documents-Addition cannot be made-Purchase of goods recoded in the books of account-Addition is deleted-Unexplained jewellery-Matter remanded to Assessing Officer-Wedding expenditure-Addition is deleted-Expenses incurred for construction of residential house-Source explained and reflected in the nooks of account-Addition is deleted-Purchase of foreign currency-Explained the source of purchase-Addition is deleted. [S.69A, 69C, 131(IA), 132, 132(4A), 153C]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Cash deposits-Demonetisation-Rejection of books of account without recording the satisfaction is not justified-Addition is deleted.[S. 145(3)

Kshetrapal Gold P. Ltd. v. ITO (2024) 115 ITR 85 (SN)(Ahd)(Trib)

S. 68 : Cash credits-Unsecured loan-Proved identity of creditor, genuineness of transaction and creditworthiness of lender, confirmation filed, receipts through banking channels-Summons served-Lenders not responded-Addition is deleted. [S. 131]

Golden Moment P. Ltd. v. ACIT (2024) 115 ITR 87 (SN)/(2025) 210 ITD 484 (Delhi)(Trib)

S. 68 : Cash credits-Search and seizure-Unsecured loans-Established identity and creditworthiness of lenders and genuineness of transactions, transactions through banking Channels, sufficient funds, and assessed to tax-Un explained investment-Sufficient cash balance-Deletion of addition by CIT(A) is affirmed-Loan carried forward from earlier year-No addition can be made-Share application money-Arithmetic error-Deletion of addition is affirmed-Interest-Consequential-Interest under section 234C only on returned income and not assessed income. [S.69A, 132, 153A, 234A, 234B, 234C]

Dy. CIT v. Sushil Tyagi (2024) 115 ITR 90 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Search-Third party-Unaccounted money Admitted by third party-Cross examination is not provided-Addition is deleted. [S. 132]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)

S. 68 : Cash credits-Un explained money-Cash deposit-Demonetisation-Addition cannot be made on suspicion-Addition is deleted-Business expenditure-Disallowance of expenses on estimate basis is disallowed. [S.37(1),115BBE]

Chintpuri School v. Dy. CIT (2024) 115 ITR 17 (SN)(Amritsar)(Trib)

S. 68 : Cash credits-Closing balance of preceding years-Cannot be added as cash credits.

Naveen Bolia v. ITO (2024)115 ITR 82 (Jodhpur)(Trib)

S. 68 : Cash credits-Share Capital-Share premium-Explained the source and capacity-Addition is not valid-Assessment jurisdiction-Issue of jurisdiction was not raised within stipulated time-Assessment is valid.[S. 124(3), 142(1) 143(2), 143(3)]

ITO v. Shree Banke Bihari Infracon P. Ltd. (2024)115 ITR 223 / 163 taxmann.com 344 (Raipur)(Trib)

S. 68 : Cash credits-Time deposit-Unexplained advances-Identity of recipient and source of funds made through banking channel established-Proceeds subject to capital gains-Deletion of addition is affirmed. [S. 45]

ITO v. Arvindbhai Ratanbhai Mokani (2024)115 ITR 251 (Surat)(Trib)

S. 56 : Income from other sources-Interest-Manual register with details of loan is seized in search-Addition cannot be made on basis of presumption-Rental income is offered to tax-Addition is deleted. [S. 69, 132(4A). [S. 69A, 69C, 131(IA), 132, 132(4A), 153C]

Kiran Pal Singh v. Dy. CIT (2024) 115 ITR 33 (SN)(Delhi)(Trib)