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
Click here to download the pdf versions of the Digest of case laws
S. 80G : Donation-Inability of file fresh application owing to technical glitches in the portal-Assessee is entitled to file fresh application under cl. (iii) of first proviso to sub-s. (5) of s. 80G before the CIT(E), in view of Circular No. 7 of 2024, dt. 25th April, 2024 even manually, in case technical glitches continues to disallow filing thereof-CIT(E) is directed to dispose of the application in accordance with law.[S.80G(5), Form No 10AC]
Vision Sansthan v. ITO (2024) 229 TTJ 816 / 238 DTR 25 / 38 NYPTTJ 605 / 162 taxmann.com 359 (Jaipur)(Trib)
S. 69A : Unexplained money-Income from undisclosed sources-Cash deposits in banks-Demonetization-Sale of goods-Deposited by customers-Addition is deleted. [s. 133(6)]
Ramesh v. ITO (2024) 229 TTJ 746 / 238 DTR 57 / 38 NYPTTJ 547 (Jodhpur) (Trib)
S. 69A : Unexplained money-Disclosure of unexplained jewellery in the course of search-Income offered in the return of income-Assessing officer is justified in assessing the income as income from undisclosed sources and assessing the income at per section 115BBE of the Act.[S.155BE, 132]
Kolaparthy Suvarna Lakshmi v. DCIT (2024) 229 TTJ 320 / 237 DTR 286 / 38 NYPTTJ 400 (Hyd)(Trib)
S. 69 : Unexplained investments-Cash deposit-Bank-Demonetization period-Sales-Addition is deleted.
G.T.S. Exports (P) Ltd. v. ACIT (2024) 229 TTJ 70 (UO) (Delhi)(Trib)
S. 68 : Cash credits-Long term capital gains-Allegation by SEBI-Price manipulation-Contract note of shares, demat details, details of bonus shares, etc were filed-Denial of exemption is not justified.[S. 10(38), 45]
Sanjaykumar Damjibhai Gangani v. ACIT (2024) 229 TTJ 97 (UO)/ 161 taxmann.com 606 (Surat) (Trib)
S. 68 : Cash credits-Cash deposits in bank account-demonetization period-Sales not doubted-Books of account not rejected-Addition is sustained only of 10 per cent of cash deposit to avoid the possibility of revenue leakage-Liable to be assessed as normal rate and not enhance rate as per S.115BBE of the Act. [S.115BBE]
Kediam Gem (P) Ltd. v.ITO (2024) 229 TTJ 344 / 236 DTR 369 / 38 NYPTTJ 397 / 164 taxmann.com 736 ((Surat) (Trib)
S. 57 : Income from other sources-Deductions Secured debentures-Interest income during pre-commencement period-Entire investment was out of borrowed funds-Interest expenditure is allowable as deduction. [S.56, 57(iii)]
Muthoot Agri Projects & Hospitalities (P) Ltd. v. ACIT (2024) 229 TTJ 468 / 237 DTR 220 / 38 NYPTTJ 439/ 164 taxmann.com 59 (Cochin)(Trib)
S. 56 : Income from other sources-Difference between purchase consideration and valuation made by DVO-An anti-avoidance provision-No infirmity in valuation report-There is no provision in the Act that before invoking the provisions of s. 56(2), the AO or the CIT(A) should prove with evidence that there is a transaction of on-money and then only addition can be made-Order of CIT(A) is affirmed. [S.56(2)(x)(b)]
West End Investment & Finance Consultancy Ltd. v. DCIT (2024) 229 TTJ 738 / 236 DTR 313 / 38 NYPTTJ 245/ 160 taxmann.com 679 (Mum) (Trib)
S.54F : Capital gains-Investment in a residential house-Notarized Will-Sale of inherited jewellery-The Assessing Officer cannot ask the evidence beyond time specified in R. 6F(5)-Directed the assessee to reconcile the quantum of jewellery with the valuation report, matter remanded to the CIT(A) [S. 45, 56, R.6F(5)]
ACIT v. Sharada Narayanan (2024) 229 TTJ 774 / 238 DTR 229 / 38 NYPTTJ 485 (Bang)(Trib)
S. 50C : Capital gains-Full value of consideration-Capital asset-Stamp valuation-sale of leasehold rights in land-Industrial plot of land was allotted by MIDC under a lease agreement-Provision of S.50C is not applicable-Value of industrial plot of land was less than actual consideration-First and second proviso is applicable.[S.2(14), 45, 50C(1)]
DCIT v. A.R. Sulphonates (P) Ltd.(2024) 229 TTJ 331 / 237 DTR 73 / 38 NYPTTJ 364 / 161 taxmann.com 451 (Kol) (Trib)