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. 69C : Unexplained expenditure-Bogus purchases-Purchases are recorded in the books and corresponding sales are accepted-The entire amount of alleged bogus purchases should not be added to income-Gross profit rate of 12.5% on such purchases is reasonable. [S.133(6), 147]

ITO v. Rajesh Amulakhrai Sanghvi, (2024) 111 ITR 500 (Mum)(Trib.)

S. 69C: Unexplained expenditure-Income from undisclosed sources-bogus purchases-An addition of four percent of bogus purchases is held to be appropriate.[S.68]

Bengal Mill Stores P. Ltd. v. Dy. CIT (2024) 111 ITR 81(SN) (Mum)(Trib.)

S. 69C : Unexplained expenditure-The commission paid on bogus purchases and sales is covered by the gross profit already disclosed and offered to tax-No separate addition can be made. [S. 132, 133]

Seo Lehenga House v. DCIT, (2024) 111 ITR 681 (Chd)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account-Excess stock-Survey-Deeming provision would not apply-Assessable at normal rates as business income. [S.115BBE,133A]

A. P. Knit Fab v Dy. CIT (2024) 111 ITR46 (Chad)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account-Excess stock-Discrepancy in cost of building-Cash expenditure-Income disclosed in the course of survey-Tax not be levied by applying the deeming provision. [S.40A(3) 115BBE, 133A]

Gurinder Makkar v. Dy. CIT (2024) 111 ITR 274 (Chd)(Trib.)

S. 69A : Unexplained money-Survey-Amount received from bank entity of another entity-Share capital-Addition is deleted.[S.133A]

Global Ship Trade P. Ltd. v. ITO (2024)111 ITR 56 (SN)(Ahd)(Trib)

S. 69A : Unexplained moneys-Demonetization-Not taxable as undisclosed income-Best judgement assessment-Order under section 144 is not valid.[S. 115BBE,144]

Sakina Ahmedali Kantavala v. ITO [2024] 163 taxmann.com 115 (Ahd)(Trib)

S. 69A: Unexplained moneys-Search-Cash seized during search-Explained the source of cash-Addition is deleted. [S. 132]

Hemant Samarataji Lohar v. CIT(A) [2024] 163 taxmann.com 292 (SMC)(Mum.)(Trib.)

S. 69A : Unexplained money-Addition on account of cash deposit during demonetization period-Agricultural income-Addition is deleted. [S.115BBE]

Sunil Solanki v. ITO (Raipur) (Trib) (UR)

S. 69A: Undisclosed money-Cash deposits during demonetization period-Deposits tallying with cash sales, audited accounts, and no mismatch of purchases, sales, and stock-in-trade-Addition is not justified.

Babusona Mondal v. Dy. CIT (2024) 111 ITR 1(SN) (Kol)(Trib.)