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. 80G : Donation-Statutory body created under Sikh Gurudwara Act, 1925-Religious purposes-Engaged in numerous charitable activities like running School, colleges, Medical colleges, Hospitals, Library, Sarai, Lunger, flood relief camps etc.-Entitle to benefit under section 80G(5)(iii) of the Act. [S. 80G(5)(iii)]

Shirmoni Gurdwara Parbandhak Committee v. CIT (2021) 190 ITD 888 (Amritsar)(Trib.)

S. 74 : Losses-Capital gains-Security transaction tax-Loss from sale of long term capital asset-Allowed to be carried forward for set off though long term capital asset is exempt. [S. 10 (38), 45]

Shiv Kumar Jatia v. ITO (2021) 190 ITD 181 (Delhi)(Trib.)

S. 69A : Unexplained money-Cash credits-Amounts deposited in the bank-Cash withdrawal and redeposit-Sale of computer parts-Explanation was not satisfactory-Addition was held to be justified-Addition on account of salary was held to be not justified. [S. 68]

Arpit Goel v. ITO (2021) 190 ITD 42 (Delhi)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Addition was restricted to 6% of alleged bogus purchases. [S. 133(6)]

Jaswantlal J. Shah. v. ACIT (2021) 190 ITD 157 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Search and seizure-Incriminating materials belongs to company-Addition in the assessment of the director was deleted. [S. 132]

JCIT v. Narayana Reddy Vakati (2021) 190 ITD 466 / 88 ITR 23 (Hyd.)(Trib.)

S. 69A : Unexplained money-Immoveable property-Purchase of property jointly with wife-Stamp valuation-Paid by wife-Addition was held to be not justified. [S. 148]

Ashish Bhardwaj. v. ITO (2021) 190 ITD 867 (SMC) (Delhi)(Trib.)

S. 69 : Unexplained investments-Purchase of immoveable property-Source of investment is not doubted-Addition is held to be not valid.

ITO v. Atmiya Infrastructure. (2021) 190 ITD 11 (Ahd.)(Trib.)

S. 69 : Unexplained investments-Benami transaction-Purchased land for 1.59 crores and sold for Rs.1.62 crores-Land was transferred for taking care-Addition was deleted-Assessing Officer directed to make in depth investigation. [S. 147, 148]

Didar Singh v. ITO (2021) 190 ITD 664 / 205 DTR 249 / 213 TTJ 473 (Amritsar)(Trib.)

S. 68 : Cash credits-Gifts-Identity and creditworthiness was established-Addition was held to be not justified.

Tapasi Singh (Smt.) v. ITO (2021) 190 ITD 7 (Kol.)(Trib.)

S. 68 : Cash credits-Foreign bank account of deceased father-Information from investigation wing-Failure to provide certified copy of bank account and bank statement-Addition was deleted-Remanded with specific direction to provide certified copy of bank statement and nexus with bank deposits. [S. 5(1)), 147, 148]

Karamjit S. Jaiswal v. DCIT (2021) 190 ITD 394 (Delhi)(Trib.)