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-Violation of the principle of natural justice is not fatal-Issue on the identical issue pending before Appellate Authority-Writ petition against the assessment order was dismissed. [Art. 226]
Kariyagoundanur Muthusamy Chettiar Chinnadurai v. ACIT (2023) 290 Taxman 308 (Mad.)(HC)
S. 68 : Cash credits-Share premium and share capital-Identity creditworthiness and genuineness of transactions were established-Order of Tribunal affirmed. [S. 260A]
PCIT v. Satkar Infrastructure (P.) Ltd. (2023) 290 Taxman 400 (Delhi)(HC)
S. 68 : Cash credits-Identity, creditworthiness and genuineness of loan transactions were established-Notice issued under section 133(6) was responded-Order of Tribunal deleting the addition was affirmed. [S. 133(6)]
PCIT (C) v. Ambe Tradecorp (P.) Ltd. (2023) 290 Taxman 471 (Guj.)(HC)
S. 68 : Cash credits-Sundry creditors-Bogus purchases-Sundry creditors-Credit sales-Books of account not rejected-Sales accepted as genuine-Order of Tribunal deleting the addition was affirmed.
PCIT v. Attire Designers (P.) Ltd. (2023)455 ITR 697 / 290 Taxman 551 (Delhi)(HC)
S. 68 : Cash credits-Loans-Search-Accommodation entries-Through banking channels-Deletion of addition by the Tribunal was affirmed. [S. 132]
PCIT (C) v. E-City Projects Lucknow (P.) Ltd. (2023) 290 Taxman 281 / 223 DTR 468 / 332 CTR 857 (Orissa)(HC)
S. 68 : Cash credits-NRI gifts-Search and seizure-Denial by donors-Addition was as cash was affirmed. [S. 132]
P.R. Ganapathy v. Dy. CIT (2023) 290 Taxman 68/ 335 CTR 565 (Mad.)(HC)
S. 54F : Capital gains-Investment in a residential house-Payments were made before the sale of an original asset-Test ought to be when construction of the residential house was completed-Matter remanded to CIT(A). [S. 45]
Bindu Premanandh v. CIT (2023) 290 Taxman 457 (Ker.)(HC)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Delay in filing Form 26Q-Filed before the competition of assessment-Order of Tribunal deleting the addition was affirmed. [S. 194C, Rule 31A]
PCIT v. L.G.W. LTD. (2023) 290 Taxman 250 (Cal.)(HC)
S. 37(1) : Business expenditure-Interest payment to DGFT on account of excess availment of export incentive is not penal nature-Allowable as business expenditure.
PCIT v. Attire Designers (P.) Ltd. (2023) 455 ITR 697/ 290 Taxman 551 (Delhi)(HC)
S. 37(1) : Business expenditure-Capital or revenue-Payment to State Power Corp. towards the construction of a transmission line and other supporting work-Allowable as revenue expenditure.
CIT v. Bannari Amman Sugars Ltd. (2023) 290 Taxman 311 (Mad.)(HC)