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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80G: Donation – Denial of final approval -Due to technical reason -Mentioning of wrong clause Rectifiable mistake. [S. 12A, 80G (5)(vi)]

Vivekananda Mission Asram v. CIT [2024] 109 ITR 22(SN) (Kol) (Trib)

S. 69B: Amounts of investments not fully disclosed in books of account – Stock not fully disclosed in books of account- Survey -Surrendered in the course of survey -Business income – Surrendered income could not be brought to tax under deeming provisions – Addition is deleted.[S.115BBE, 133A]

Montu Shallu Knitwears v. Dy. CIT [2024] 109 ITR 1 (Chd)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account–Statement in the course of survey -No evidentiary value -Addition is deleted [S.115BBE, 131, 133A]

DDK Spinning Mills v. Dy. CIT [2024] 109 ITR 619 (Chd)(Trib)

S. 69A : Unexplained moneys -Unexplained cash – Sale consideration as per sale agreement in his books of account- Addition is deleted.

Konathala Nooku Naidu v. ITO [2024] 160 taxmann.com 758 (Visakha) (Trib.)

S.69A: Unexplained money -Cash deposits -Demonetization period -Sales made to various parties -Produced copy of bills, sale/VAT return, stock register and VAT assessment order -Order of CIT(A) deleting the addition is affirmed. [S. 115BBE]

ITO v. J.K. Wood India (P.) Ltd. [2024] 205 ITD 10/ 109 ITR 47 (SN) (Delhi)(Trib)

S. 68:Cash credits – Proved identity creditworthiness and genuineness- Addition is deleted.[S. 148]

Poddar Realtors v. ITO [2024] 109 ITR 605 (Kol) (Trib)

S. 68 : Cash credits -Discharged the burden by filing confirmation and other details – The AO cannot deem creditors as bogus solely due to lack of response, & without presenting evidence to demonstrate that the payables were unnecessary to settle- Order of CIT(A) deleting the addition is confirmed. [S. 133(6)]

ACIT v. Real Impact P. Ltd. [2024] 109 ITR 29 (SN)(Delhi)(Trib)

S. 68 : Cash credits -Estimation of income -Ex parte order by CIT(A) and Assessing Officer -Matter was remanded to Assessing officer for de novo assessment.[S. 148, 251]

Alpha Heavy Engineering (P.) Ltd. v. ITO [2024] 205 ITD 106 (Mum) (Trib)

S. 68 : Cash credits -Assessing Officer has not made any inquiry of his own either issuing notice under section 133(6) or 131 of the Act- Tax deducted at source -Filed confirmation- Burden is discharged -Addition is deleted.[S.131, 133(6)]

Rajgreen Infralink LLP v. Dy. CIT [2024] 109 ITR 52 (Surat)(Trib)

S. 56: Income from other sources – Sale of property — Stamp value — Agreement fixing consideration in 2010,registration taking place in 2013 — Paid part consideration by cheque in 2010 before date of agreement — Stamp value on date of agreement In 2010 to be considered- Addition is deleted. [S. 56(2)(vii)(b)]

Shyamkumar Madhavdas Chugh v. ACIT [2024] 109 ITR 49 (SN)/ 205 ITD 227 (Delhi)(Trib)