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-Unsecured loan-Additional evidence –Interest paid to related parties-Denial of exemption-Matter remanded to the Assessing officer-corpus without written direction from donor, same would not qualify as corpus under section 11(1)(d).[S.11(1)(d), 13, ITAT R. 29]
Smt. Ramanandi Anangpuria Charitable Trust. v. DCIT (2025) 214 ITD 574 (Chd) (Trib.)
S. 68: Cash credits-Share capital-Share premium-Equity shares of Rs 10 each-Premium of Rs 990 per share –Summons not complied with-Failure to establish creditworthiness-Addition made by the Assessing Officer was affirmed. [S.131]
Winsher Vinimay (P.) Ltd. v. ITO (2025) 214 ITD 328/125 ITR 219 (Kol) (Trib.)
S. 68: Cash credits-Long-term capital gains-Accommodation entry-Off market-Paid cash-Sole transaction-Investigation report-Order of CIT(A) denying the exemption and assessing as cash credits affirmed.[S. 10(38), 45, 115BBE]
Jelly Samkit Doshi. v. ITO (2025) 214 ITD 255 (Ahd) (Trib.)
S. 68: Cash credits-Cash deposits in its bank-Demonetization period-Opening cash balance-Addition was deleted as cash credits read with section 115BBE of the Act. [S.115BBE]
G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)
S. 68: Cash credits-Sale of shares-Shares held for more than 19 years-Long-term capital gains cannot be assessed as cash credits-Entitled to exemption. [S. 10(38), 45]
ITO v. Ketan Dilip Shah. (2025) 214 ITD 85 (Mum) (Trib.)
S. 56: Income from other sources-Fixed deposit with bank-Assessable as income from other sources-Interest expenditure-, Deduction under section 57(iii) was to be allowed after examining the nexus of the same with interest income. [S 57 (iii)]
Shapoorji Pallonji Energy (Gujarat) (P) Ltd. v. DCIT (2025) 214 ITD 297 (Mum) (Trib.)
S. 56: Income from other sources-Share premium-valuation of unquoted shares-Order of CIT(A) deleting the addition is affirmed. [S.56(2), (viib), R. 11UA]
ITO v. Ninecube Technologies (P.) Ltd. (2025) 214 ITD 276 (Delhi) (Trib.)
S.54F: Capital gains-Investment in a residential house-Sale of land-Investment in construction of a residential property-Bank transactions comprising both withdrawals and payments were demonstrably available in support of claim-Exemption could not be disallowed solely on the ground that supporting vouchers or bills were on plain paper or not in preferred form.[S. 45]
Natesan Ekambaram. v. DCIT (2025) 214 ITD 615 (Chennai) (Trib.)
S.54F: Capital gains-Investment in a residential house-Sale of non-agricultural land-No deposit was made in the capital gains account-Expenditure incurred towards the construction of the house till the due date for filing of return under section 139(4) was to be allowed as deduction under section 54F-Matter remanded. [S. 45, 139 (4)]
Alpesh Navinbhai Barot. v. ITO (2025) 214 ITD 387 (Ahd) (Trib.)
S. 54B: Capital gains-Land used for agricultural purposes-Reinvestment-Additional sale consideration from an escrow account-Reinvested in new asset-Matter remanded for reverification.[S. 45]
Nitin R Shah. v. DCIT (2025) 214 ITD 646 (Ahd) (Trib.)