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. 69 : Unexplained investments-Loan received in USD and deposited in Indian bank account-Investment on same day in mutual funds-Source of funds outside India not taxable in India-CIT(A)’s direction to obtain certified true copies of source of income-Justified.
Asst. CIT (IT) v. Vijaykumar Vasantbhai Patel (2023)101 ITR 1 (SN) (Ahd) (Trib)
S. 69 : Unexplained investments-Unexplained expenditure-Additions on the basis of seized documents-Cannot explain source-Amount not pertaining to assessment year-Addition not sustainable-Share of assessee at 30% as per seized documents-Addition to that extent only.
Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)
S. 69 : Unexplained investments-Investment in land-Unable to explain source of investment-Merely stating sufficient funds does not discharge onus-No Cash flow statement to show fund availability-Assessee not maintaining book of accounts.
Pujala Mahesh Babu v. Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)
S. 69 : Unexplained investments-Appeal to CIT(A)-Additional evidence-Admission-No proof of source of funds for purchase of mutual funds-Deletion of addition by CIT(A) on the basis of additional evidence-No recording of reasons-No opportunity to A.O. to verify submission-Matter remanded. [R. 46A]
ITO (IT) v. Shehnaz Nurdin Ajania (Smt.) (2023)101 ITR 618 (Surat) (Trib)
S. 69 : Unexplained investments-Survey-Discrepancies in stocks-Disclosed during survey duly incorporated in books of accounts of assessee-AO accepted and allowed credit-Addition is deleted.[S.133A]
Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)
S. 69 : Un explained investments-Income from undisclosed sources-Short-term capital gains-Additional income was offered-Capital gains to be recomputed after reducing cost of acquisition from sale proceeds.[S. 45]
Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)
S. 68 : Cash credits-Income from undisclosed sources-Bank Statements reflecting receipt on various dates and annual reports substantiating various business interests of remitter-Deletion of addition is justified. [S. 69]
Holiday Marketing Pvt. Ltd. v. ACIT (2023)101 ITR 55 (SN) (Cochin) (Trib)
S.68 :Cash credits-Search and seizure-Failure to explain receipts-Declaring the receipts to be sale of agriculture land-Cannot be treated as unexplained-Sum to be treated as capital gains and indexation to be allowed-Matter remanded.[S. 45, 48 55]
Pujala Mahesh Babu v.Asst. CIT (2023)101 ITR 458 (Hyd) (Trib)
S. 68 : Cash credits-Share capital and share premium-Investors engaged in agricultural and farming activities-All subscribers personally appeared and confirmed investments upon summons-No adverse inference drawn in remand report-Addition to be deleted.
Umananda Rice Mill Ltd. v.Asst. CIT (2023)101 ITR 140 (Kol) (Trib)
S. 68 : Cash credits-Failure by assessee to disclose cash deposits-Assessee submitted power of attorney and agreement before Department-Instrument not accepted-Party who paid cash unable to provide registered deed relating to transfer of property-Matter set aside and remanded to verify purchase of property.
Tajinder Pal Kaur (Smt.) v. ITO (2023)101 ITR 292 (Amritsar) (Trib)