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. 28(i) : Business loss-Survey-Client code modification-Information from Investigating agency-Loss in share trading-Misuse of client code modification to book losses to evade tax-Failure of the assessee to establish that he was not involved in Client Code Modification-Disallowance of loss is justified. [S.133A, 148]
Charuben Jitendrarai Mehta and Bimal Jitendra Mehta v .ITO (2023) 103 ITR 29 (SN)(Ahd)(Trib) Bimal Jitendra Mehta v .ITO (2023) 103 ITR 29 (SN)(Ahd)(Trib)
S. 28(i) : Business loss-Business expenditure-Money embezzled by director-CIT(A) accepted loss but denied deduction for want of details-AO to verify recovery and allow balance of loss.[S. 37(1)]
Wieden+Kennedy India Pvt. Ltd. v. Dy. CIT (2023)101 ITR 63 (SN.) (Delhi) (Trib)
S. 28(i): Business loss-Purchase and sale of shares-Scripts manipulated by third parties-No adverse findings against assessee-Assessee made transactions in good faith-Loss not bogus-Loss allowed.
ITO v.Champalal Gopiram Agarwal (2023)101 ITR 22 (SN.)(Ahd) (Trib)
S. 28(i) : Business Income-Deduction of tax at source-Difference between receipts stated in form 26AS and income shown in profit and loss account cannot be brought to tax in the hands of the assessee.[S. 145, Form No 26AS]
Dy. CIT v. Connect Residuary P. Ltd. (2023) 105 ITR 46 (SN)(Mum) (Trib)
S. 28(i) : Business income-Interest on FDRs-Pledge fixed deposit receipts (FDRs) as margin with the bank-Interest income assessable as business income-High sea sale.[S.43(5)]
Dy. CIT v. G. G. Continental Traders (P.) Ltd. [2023] 201 ITD 440 (Amritsar)(Trib.)
S. 28(i) : Business income-Agricultural income-Apportionment AO is directed to recompute disallowance and only 40% amount to be added to business income. [S. 2(24)(x), 36(1))(v),R. 8(1)]
Hanuman Plantations Ltd. v. ITO (2023)104 ITR 78 (Kol) (Trib)
S. 23 : Income from house property-Annual value – Stock in trade-No addition can be made on account of deemed rent on unsold flats held as stock in trade. [S. 22, 23(4), 23(5)]
Dugad Properties v. DCIT (2023) 103 ITR 65 (SN) (Pune) (Trib.)
S .23 : Income from house property-Annual value-No deemed or Notional Rental Income for the properties held as Stock in Trade.[S. 22, 23(5)]
Modern Abodes Pvt. Ltd. v. ITO (Mum)(Trib.) (UR)
S. 22 : Income from house property – taxed as house property for many years-No change in facts-Cannot be treated as income from business and profession. [S.28(i)]
Pawa Builders Pvt. Ltd. v. Dy. CIT (2023)101 ITR 43 (SN.)(Delhi) (Trib)
S. 17(3) :Salary-Profits in lieu of salary-Ex-gratia –Voluntary payment-Without establishing letter as non-genuine or without examining sanctity of payment made – Addition is not justified .[S. 10(10C), 15,17(3)(iii)]
Mahadev Vasant Dhangekar v. ACIT (2023) 201 ITD 5/ 224 TTJ 1 (UO) (Pune)(Trib.)