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. 68 : Cash credits-Income from undisclosed sources-Cash deposits in Bank Account-Withdrawal from one account and deposited in another bank account-Addition is not justified-Payment in cash of stamp duty for purchase of property-Addition is not justified.
Poonam Garg v. ITO (2023)104 ITR 68 (SN.)(Delhi) (Trib.)
S. 68 : Cash credits-Bogus purchases-Providing accommodation entries by way of circular transactions of bogus purchases and sales-Addition cannot be made as cash credits-Only commission income can be assessed as income.
ITO v. KFC Industries P. Ltd (2023)104 ITR 6 (SN.)(Ahd ) (Trib) ITO v. KFC Exports P. Ltd. (2023)104 ITR 6 (SN.)(Ahd ) (Trib)
S. 50C : Capital gains-Full value of consideration-Stamp valuation Sale of property within three and half months of purchase-Assessing Officer ought to have referred valuation to District Valuation Officer-Order set aside and issue remanded with the direction to call valuation report. [S. 45-48(1), 50C(2)
Wideangle Construction Co. P. Ltd. v. ITO (2023)104 ITR 10 (SN)(Kol) (Trib)
S. 45 : Capital gains-Long-term capital gains-Survey-Papers found in the premises of advocate-Satakat bearing name and details of assessee-No corroborative evidence to support material
Mukesh Agarwal v.ITO (2023)104 ITR 35 (SN)(Surat) (Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-No disallowance can be made for short deduction of tax at source.
Dy. CIT v. PTC India Financial Services Ltd. (2023)104 ITR 1 (SN)(Delhi)(Trib)
S. 37(1) : Business expenditure-Self-generated bills and vouchers Not Verifiable-Material purchase expenses restricted to 50 Per Cent.-Other expenses directed to be allowed. [S.44AD]
Jyotikaben Ghanshyambhai Acharya v. ITO (2023)104 ITR 11 (SN.)(Ahd) (Trib)
S. 28(i) : Business loss-Foreign exchange rate fluctuation-Allowable as deduction.
Dy. CIT v. PTC India Financial Services Ltd. (2023) 104 ITR 1 (SN) (Delhi)(Trib)
S. 28(i) : Business income-Income from house property-Business expenditure-Renting of parking spaces, table spaces and games collection-Renting activity against which maintenance recovered from tenants to be considered under business and balance to be disallowed as pertaining to income from house property-Matter remanded. [S. 22, 24, 37(1)]
Marigold Premises P. Ltd. v. ITO (2023)104 ITR 24 (SN)(Pune)(Trib)
S. 14A : Disallowance of expenditure-Exempt income-Disallowance is to be restricted to exempt income. [R. 8D(2)(iii)]
Dy. CIT v. PTC India Financial Services Ltd. (2023)104 ITR 1 (SN)(Delhi)(Trib)
S. 11 : Property held for charitable purposes-Expenditure-Certain receipts taken by directly to balance-sheet held to be on revenue account, even though treated as balance-sheet item-Corresponding expenditure to be allowed in accordance with law-Matter remanded-Delay in filing of appeal is condoned.[S. 253]
Vadodara Urban Development Authority v. Dy. CIT (E) (2023)104 ITR 4 (SN.) (Ahd)(Trib)