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. 68 : Cash credits-Cash deposits-Demonetisation period-Retail sale of ladies garments-Application of net profit of 8 Per Cent. on cash deposit is to be treated as income from business and not to be taxed as unexplained money.[S.44AB, 44AD, 69A, 115BBE]
Jayesh Jagat Parekh v. ITO (2024)113 ITR 418/232 TTJ 116/242 DTR 9 (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)