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. 69A : Unexplained money-Cash found during search-Sale of scrap-Cash was reflected in the balance sheet-Addition cannot be made. [S. 153A]

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 69A : Unexplained money-Capital gains-Penny stock-Accommodation entry-Purchase and sale of sales through SEBI Registered Broker-Merely on basis of Investigation report that shares were penny stock-Addition not sustainable. [S. 10(38), 45]

Jawaad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.) Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 69 : Unexplained investments-Search and seizure-Finance broker-Interest income-No cash loan-Deletion of addition is justified. [S. 132]

ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore) (Trib.)

S. 68 : Cash credits-Loans-Lender companies replied to the Assessing Officer in response to notice received by them and also filed the documents called including balance sheet-Inspectors report stating that lender companies are not traceable-Statement of parties taken in the course of survey was neither given nor given an opportunity of cross examination-No adverse inference can be drawn against the asseesee-Deletion of addition was held to be justified. [S.133(6), 133A]

ACIT v. Sreeleathers (2021) 86 ITR 7 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Share application money-Genuineness not established-Addition was justified-Un secured loan-Onus discharged-Addition was not justified. [S. 131]

Garima Polymers Pvt. Ltd. v. ACIT (2021) 86 ITR 261 (Delhi)(Trib.)

S. 68 : Cash credits-Convertible warrants-Receipts of money over three years-Genuineness of and creditworthiness of transaction was established-Deletion of addition was justified.

Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 / 211 TTJ 230 / 201 DTR 209 (Delhi)(Trib.)

S. 68 : Cash credits-Unsecured loans-Failure to follow principle of natural jus Failure to provide an opportunity of cross examination-Addition is held to be not justified.

ACIT v. Ariba Foods Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd. (2021) 86 ITR 174 (Indore)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of property within one year before transfer-Actual possession handed over by within one year after transfer of second Property-Entitled to deduction. [S. 45]

Ashok Kumar v. ITO (2021) 86 ITR 576 (Delhi)(Trib.)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Departmental valuation officer-Objection of the assessee was not considered-Transfer of development rights-Matter remanded. [S. 45]

Radharaman Constructions v. ACIT (2021) 86 ITR 44 (Mum.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Not debited to profit and loss account-Disallowance cannot be made.

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)