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-Unsecured loans and advances-On failure to substantiate with evidence and on failure to make representation, the order of the CIT(A) confirming the addition made by the A.O. u/s. 68 of the Act and deleting the protective addition was upheld by the Tribunal.[S.69A,133(6)]
5th Element Digital Media Solutions P. Ltd. v. ITO (2023)104 ITR 49 (SN) (Mum) (Trib)
S. 68 : Cash credits-Demmonetisation-Cash sales-Cash deposited during demonetisation period-Books of account not rejected-Deletion of addition is affirmed.[S.115BBE]
Asst. CIT v. Motisons Jewellers Ltd. (2023)104 ITR 304 (Jaipur) (Trib)
S. 68 : Cash credits-No addition can be made on account of cash deposits, if the AO cannot prove why the explanations offered by assessee are incorrect.
Emgee Integrated Logistics Private Limited v. ACIT (Chennai)(Trib)
S. 68 : Cash credits-Unexplained money-Cash deposit during demonetisation-Cash sales-Books of accounts accepted-No defect pointed out-Deletion of addition is valid.[S.115BBE]
ACIT v. Mahendra Kumar Agarwal (2023)104 ITR 455 (Jaipur) (Trib)
S. 68 : Cash credits-Remand report-CIT(A) failed to examine the objections of the AO-Matter remanded to the AO for fresh adjudication.
ITO v. RTG Exchange Ltd. (2023) 103 ITR 45 (SN) (Mum)(Trib)
S. 68 : Cash credits-Credit balance in the name of the company-amount received through banking channels-assessee furnished account confirmation-treating the said amount as income from undisclosed sources unjustified.
Dy. CIT v. N. Sasikala (Smt.) (2023) 105 ITR 25 (SN) (Chennai)(Trib)
S. 68 : Cash credits-Share capital and share premium-relevant documentary evidence of the companies in the form of replies to the notices issued under section 133(6), income tax returns as well as assessment orders furnished-addition made under section 68 not justified.[S. 133(6)]
ITO v. Albatross Share Registry P. Ltd. (2023) 105 ITR 20(SN) (Mum) (Trib)
S. 68:Cash credits-Cash deposit-Demonetisation period-Cash sales-Books not rejected-Genuineness of sales not doubted-Addition deleted.[S. 69, 143(3)]
ACIT v. Chandra Surana (2023) 149 taxmann.com 379 / 104 ITR 503 (Jaipur)(Trib)
S. 68 : Cash credites-Income from undisclosed sources-Sundry Creditors-reason for outstanding amount explained, consideration not in doubt and no evidence that parties paid from undisclosed sources, outstanding amount cannot be treated as bogus sundry creditors. Not always necessary that creditors should remain present in assessment of debtors, no reason to sustain addition to that extent. Non-receipt of confirmation could not result in addition. [S. 69,133(6)]
Sudarshan Nirman Co. v. ITO (2023)105 ITR 6 (SN)(Mum)(Trib)
S. 68 : Cash credits-Share application money-Assessee is A Listed Company-Assessee Submitting Confirmations, Bank Statements, Returns of income and allotment advice of the allottees before AO-Primary Onus On Assessee To Establish Identity, Genuineness And Creditworthiness Of Creditors Proved Beyond Doubt-Assessee also provided source of source of investments —Addition is not valid.
ACIT v. Lesha Industries Ltd. (2023) 103 ITR 76 (SN)(Ahd) (Trib)