S. 68 : Cash credits-Long-term capital gains-Penny stock-Accommodation entry-International Conveyors Ltd-Addition is deleted.[S. 10(38), 45, 115BBE]
Elara India Opportunities Fund Ltd. v. Dy. CIT (IT (2024) 113 ITR 275 (Mum) (Trib)S. 68 : Cash credits-Long-term capital gains-Penny stock-Accommodation entry-International Conveyors Ltd-Addition is deleted.[S. 10(38), 45, 115BBE]
Elara India Opportunities Fund Ltd. v. Dy. CIT (IT (2024) 113 ITR 275 (Mum) (Trib)S. 68 : Cash credits-Long-term capital gains-Penny stock-Magrigold Glass Industries Ltd (now known as Greencrest Financial Services Ltd)-No evidence of conversion of unaccounted money to bogus long-term capital gains-Securities and Exchange Board of India enquiry not producing anything incriminating on company or its directors-Order of CIT(A) is affirmed.[S. 10(38), 45]
Dy. CIT v. Nisha Shantaram Pokle (2024)113 ITR 327 (Mum)(Trib)S. 68 : Cash credits-Cash deposit-Demonetisation-Cash sales-Trading in jewellery-No discrepancy in books of account-Recording of customers’ Permanent Account Number is not legally mandated for sales not exceeding Rs. 2 Lakhs-Source for cash deposits out of traceable source-Order of CIT(A) deleting the addition is affirmed. [S.115BBE, R. 114B]
Dy. CIT v. Dar Paradise P. Ltd. (2024)113 ITR 651 (Chennai)(Trib)S. 68 : Cash credits-Fictitious transactions-Losses can be set off-Entire exercise becoming tax neutral-Derivative gain-Addition is deleted.
Aadinath Securities P. Ltd. v. ITO (2024)113 ITR 423 (Mum)(Trib)S. 54F : Capital gains-Investment in a residential house-Allotment letter-Flat under construction-Date of issue of allotment letter more than 36 months-Long term capital gains-No bar on appellate authorities to entertain claim-Directed to allow deduction after verification. [S. 2(29A), 45, 139]
Minaxi Mahesh Pawani (Deceased) v. ITO (IT) (2024)113 ITR 38 (SN)(Mum)(Trib)S. 45 : Capital gains-Long-term capital gains-Merely on the basis of Audit report addition cannot be made. [S.143(1)]
Anand Dilipbhai Patel v. ITO (2024)113 ITR 44 (SN)(Ahd)(Trib)S. 43B : Deductions on actual payment-Electricity company-Electricity duty and tax on sale of electricity adjusted by Government against Government subsidy after close of accounting year-Deduction is to be allowed in year payment is made-Matter is remanded.
Gujarat Urja Vikas Nigam Ltd. v. Dy. CIT (2024)113 ITR 37 (SN)(Ahd)(Trib)S. 40(a)(ia): Amounts not deductible-Deduction at source-Remittances to foreign university of fees collected from students for conduct of examinations-No disallowance can be made-DTAA India-UK [S. 9(1), Expl 2,195 Art. 13(5)(c)]
Gecom International P. Ltd. v Dy. CIT (2024)113 ITR 22 (SN)(Delhi)(Trib)S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Payments for telecommunications services to associated enterprises is not Royalty or fees for technical services-Not liable to deduct tax at source-DTAA-India-USA [S. 9(1)(vi), 9(1)(vii), 195, Art. 12]
ACIT v. Verizon Communications India P. Ltd. (2024) 113 ITR 16 (SN) (Delhi)(Trib)S. 37(1) : Business expenditure-Disallowance for inflated purchases-Self-made vouchers not containing any details such as names of supplier or mode of payment-Disallowance is affirmed.
Gangapura Nagaraja Iyer Srinivasa v. ACIT (2024) 113 ITR 78 (SN)(Bang)(Trib)