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. 69B : Amounts of investments not fully disclosed in books of account-Jangad (memo of NE)-Rough rejections and rough diamonds-Valuation report-Addition was deleted. [S. 131]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 69A : Unexplained money-Income from undisclosed sources-Data retrieved from the hard disk revealed undated, unsigned and unexecuted draft deed and draft cash receipt relating to the transaction of sale of property between the assessee and third party-Such draft deed and originally executed deed being exactly similar such material cannot be ignored-Addition was up held-Reassessment was held to be valid. [S. 147, 148]

DCIT v. Shivram Consultants India (P) Ltd. (2022) 220 TTJ 640 / 220 DTR 9 (Delhi) (Trib.)

S. 69A : Unexplained money-Deposits of cash in bank account-Cash withdrawals from bank account more than cash deposited-Addition is not justified.

Shanmugam Ethiraj v. ITO (2022) 96 ITR 17 (SN) (Chennai) (Trib)

S. 69A : Unexplained money-Cash deposits-Information received from Enforcement Directorate of cash deposits in bank accounts-Rule of consistency-Addition was deleted. [S. 69]

Sarabjit Kaur (Smt.) v. ITO (2022) 96 ITR 440 (Chd.)(Trib.)

S. 69A : Unexplained money-Agricultural income-Disallowance at 25 Per Cent of expenses incurred for earning agriculture income is held to be reasonable.

Jigar Ashok Hebra v. ITO (2022) 96 ITR 310 (SMC) (Ahd) (Trib)

S. 69A : Unexplained money-Money received from relatives-entries recorded in the books of accounts-Explanation of the purpose of receiving the money given-Identity of persons not in doubt-payments received through banking channel-Addition made not proper.

Jagmohan Kaur Bajwa (Smt.) v. ITO (2022)97 ITR 149 (Chd) (Trib)

S. 69A : Unexplained money-Senior Citizen-Deposit of cash during demonetisation period-Withdrawal from bank-Addition was deleted. [S.115BBE]

Om Prakash Nahar v. ITO (2022)100 ITR 345 /(2023] 198 ITD 312 (Delhi)(Trib)

S. 69A : Unexplained money-Search and Seizure-Shortage of physical stock-Only profit element embedded in sale transaction can be brought to tax. [S. 132]

Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 69A : Unexplained money-Cash deposited in the bank-Explanation was not satisfactory-Addition was justified-Income from undisclosed source-Stock valuation-Suppression of stock-Addition was deleted. [S. 69, 145]

Kuldeep Kumar v. ITO (2022) 213 DTR 201/217 TTJ 632(Asr)(Trib)

S. 69A : Unexplained money-Cash deposited in Bank account-Withdrawal from bank-Proper explanation was furnished-Addition was deleted.

Krishna Agarwal (Smt) v. ITO (2022) 215 TTJ 245 / 213 DTR 74 (Jaipur)(Trib)