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-Share capital and share premium-The Tribunal considering gaps in the assessee’s documentation for the share premium being treated as unexplained income by the Assessing officer, remands for fresh examination.
MK and SK Medicare (P.) Ltd v. ITO; (2023) 103 ITR 58 (SN)(Kol.) (Trib.)
S. 68 : Cash credits-Share premium and share application-Cross examination was not provided-Confirmation letter, PAN Card, Audited financial statements, bank statement reflecting the transactions, copy of share application form, copy of Form .No 2 filed with the R.O.C. etc-Deletion of addition is affirmed. [S. 132]
ITO v. AMS Trading & Investment (Mum) (Trib)
S. 68: Cash credits-Deonetisation-Cash deposited during demonetization period-With regard to the availability of stock and quantity of items shown in the stock register and the corresponding sales, no addition can be made-Books of account not rejected-Addition is not justified .[S. 69,131, 133(6), 145]
ACIT v. Ramlal Jewellers Pvt. Ltd [2023] 154 taxmann.com 584 (Mum) (Trib)
S. 68:Cash credits-Demonetisation-Jewellery/gold cash sales-Cash deposited during dem`onetisation-Assessee provided PAN and complete address of buyers, with stock register-Lack of inquiry by AO u/s. 131 or 133(6)-Held that addition ought to be deleted as nothing proved against assessee.[S. 131,133(6)]
DCIT v. Mangal Bullion Pvt. Ltd (Mum.) (Trib.)
S. 68 : Cash credits-Demonetisation-Large Cash deposited during demonetization period-Assessee claimed that cash deposited from sale proceeds. Bill wise details submitted, books of accounts accepted, each sale bill less than Rs. 2 Lakhs. Addition cannot be made merely because bills did not contain name of customers. Addition is deleted .[S.115BBE]
Mahesh Kumar Gupta v. ACIT (2023) 151 taxmann.com 339 / 104 ITR 519/ 223 TTJ 393 (Jaipur) (Trib)
S. 68 : Cash credits-No discovery of incriminating material-Assessment on basis of third-party statement-Addition is deleted. [S. 132]
Dy. CIT v .Heaven Associates (2023) 154 taxmann.com 595 / 105 ITR 186 (Ahd)(Trib)
S. 68: Cash credits-Cash sales-Trade advances-Addition made on mere conjectures and surmises-Unsustainable.
Girish Kumar and Sons v. ITO (2023) 155 taxmann.com 208 / 105 ITR 424/ 224TTJ 767 (Chand) (Trib)
S. 68 : Cash credits-Bogus expenses-Un accounted monies-Sub-contractor-Job work-Shown 8% of the receipts-Addition is deleted-[S. 115BBE,132]
Deepak Jain v .ITO (2023)104 ITR 61 (Jaipur)(Trib)
S. 68 : Cash credits-Bogus long-term capital gain-Commmission-Accomodation entries-Sale of shares-Admission by third parties-Report from investigation wing-Neither the statement nor an opportunity cross examination was not given-Deletion of addition by CIT(A) is affirmed.[S. 10(38), 45, 131, 132(4)]
Dy. CIT v. Vigyan Lodha (2023)104 ITR 210 (Jaipur)(Trib)
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)