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 application money-Filed copy of PAN card, share application form, allotment advices, relevant bank statements, returns for the relevant assessment year, audited financial statements, etc-Established identity and creditworthiness-Summons complied with-Reply to notice u/s 133(6)-Order of CIT(A) deleting the addition is affirmed. [S. 131, 133(6)]

DCIT v. Rabindra Enterprises (P) Ltd(2023) 37 NYPTTJ 1727 / (2024) 230 TTJ 852 / 208 ITR 349 (Kol)(Trib)

S. 68 : Cash credits-Accommodation entries-Entry operator-Dummy companies Statement of former director-Not specifying the name of the assessee-Filed confirmation letter, PAN, financial statements, copy of income tax return-Interest paid-Loan is treated as genuine-Addition is deleted. [S.131, 133(6)]

DCIT v. Jain Carrying Corporation (2024) 230 TTJ 589 / 38 NYPTTJ 546 (Jodhpur)(Trib)

S. 68 : Cash credits-Capital account-Partner-Difference-Matter remanded to the AO for verification-Sundry creditors-Filed confirmation-Addition is deleted-Unexplained investment-Project-Merely on the basis of report of the inspector addition cannot be made. [S. 69]

DCIT v. D.S. Developers (2024) 230 TTJ 25 / 238 DTR 369 / 38 NYPTTJ 141 (Jodhpur)(Trib)

S. 68 : Cash credits-Share capital-Share premium-Identity and genuineness is proved-Order of CIT (A) deleting the addition is affirmed-Reassessment-Change of opinion-Reassessment is quashed-Commercial decision-Subsidiary-Deemed company in which the public are interested-Provisions of Section 56(2)(viib) is not applicable [S. 2(18), 52(2)(viib), 147, 148]

Aadhaar Wholesale Trading & Distribution Ltd v. ACIT (2024) 230 TTJ 804 / 240 DTR 273 / 38 NYPTTJ 482/ 167 taxmann.com 526 (Mum)(Trib)

S. 68 : Cash credits-Capital gains-Sale of shares-Received by gift-Stamp duty paid-Sale consideration cannot be assessed as cash credit-Assessable as long term capital gains. [S.45, 49(1)]

Deepa Pamnani (Ms) v. ITO (2024) 230 TTJ 897 / 241 DTR 170 / 38 NYPTTJ 814/ [2025] 170 taxmann.com 163 (Mum) (Trib)

S.54F : Capital gains-Investment in a residential house-Acquired 60 percent share in a flat owned by her husband-Entitle to benefit of on sale consideration received on sale of shares. [S. 45]

Deepa Pamnani (Ms) v. ITO (2024) 230 TTJ 897 / 241 DTR 170 / 38 NYPTTJ 814/ [2025] 170 taxmann.com 163 (Mum) (Trib)

S. 54F : Capital gains-Investment in a residential house-Investment in joint name-Exemption cannot be denied on the ground that the new property has been purchased in the joint names of the assessee and his son. [S. 45]

Abdul Nayab Shaikh (Deceased) L/H Abdul Samad Shaikh v. ITO (2024) 230 TTJ 13 / 238 DTR 353 / 38 NYPTTJ 596/ 167 taxmann.com 381 (Mum)(Trib)

S. 50 : Capital gains-Depreciable assets-Block of assets-The profit or loss on this property is required to be computed under the provisions of ss. 41(2) and 50-More than 36 months-Entitle to exemption u/s 54F [S. 41(2), 54F]

Sonia Pathak Khanna v. ITO (2024) 230 TTJ 828 / 240 DTR 297 / 38 NYPTTJ 914/ 164 taxmann.com 607 (Mum) (Trib)

S. 45 : Capital gains-Capital loss-Transaction in securities-Purchase and sale of units of mutual fund-Fictitious-Sham-Loss is allowable as short term capital loss-Transaction cannot be considered as avoidance of tax-Provision of section. 94(7) is not applicable. [S. 94(7)]

Goldiam International Ltd. v. DCIT (2024) 230 TTJ 1 / 238 DTR 33 / 38 NYPTTJ 411 (Mum)(Trib) Goldiam Jewelry v. Dy.CIT v. DCIT (2024) 230 TTJ 1 / 238 DTR 33 / 38 NYPTTJ 411 (Mum)(Trib)

S. 43B : Deductions on actual payment-Unpaid interest on loan taken from world bank-Public financial institution-Unpaid interest no disallowance can be made-Electricity duty-Collection and subsequent transfer to the State Government-No disallowance can be made. [S. 43B(a)]

Jaipur Vidyut Vitran Nigam Ltd. v. DCIT (2024) 230 TTJ 748 / 240 DTR 353 / 38 NYPTTJ 690 / 164 taxmann.com 282 (Jaipur)(Trib)