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. 69C : Unexplained expenditure-Addition cannot be made only on the basis of statement of partner in the absence of any other material. [S. 131(IA)]

Kohinoor Craft v. ACIT, (2021) 213 TTJ 70 (UO) / (2022) 192 ITD 584 (SMC) (Delhi)(Trib.)

S. 69A : Unexplained money-Explanation provide by the Assessee-particular entries were recorded by the AO-proper explanation provided for the same-Addition made by the AO not sustained.

Jagmohan Kaur Bajwa (Smt.) L/H of Late Jaskiran Singh Bajwa v. ITO, (2021) 213 TTJ 558 / 206 DTR 1 / (2022) 193 ITD 46/97 ITR 149 (Chd.) (Trib.)

S. 69A : Unexplained money-Cash deposited in bank account-Received from tuition fees-Explanation not accepted-Working of peak credit-Matter remanded-Reassessment-Approval is held to be valid-Reassessment is up held. [S. 147, 148, 151]

Shyam Gidwani v. ITO (2021) 214 TTJ 862 / 208 DTR 233 / 63 CCH 155 (Jaipur)(Trib.)

S. 69A : Unexplained money-Unexplained jewellery-Family members explained the source of investment-Addition is held to be not justified-Renovation of house property out of withdrawals from bank-Addition is not valid. [S. 69C, 132, 153A]

Anila Rasiklal Mehta (Mrs.) v. Dy. CIT (2021) 214 TTJ 849 / 63 CCH 491 (Mum.)(Trib.)

S. 69 : Unexplained investments-Failure to furnish explanation for source of funds for purchase of car-Addition is justified-Income surrendered not disclosed in the return-Addition as unexplained investment is proper-Addition on account of foreign tour expenses of minor and assessee is held to be justified. [S. 69C, 132(4)]

Gautam Kumar v. ACIT (2021) 91 ITR 28 (SN) (Delhi)(Trib.)

S. 69 : Unexplained investments-Failure to explain the source of investment-Addition is confirmed-Delay in filing of appeal is condoned. [S. 254(1)]

Parminder Kaur v. ITO (2021)91 ITR 216 (Amritsar)(Trib.)

S. 69 : Unexplained investments-Acquisition and sale without consideration-Transferred by uncle is retransferred-Addition is held to be not justified.

Baljit Singh Bachal v. ITO (2021) 207 DTR 121 / 91 ITR 100 / 214 TTJ 220 (Chd.)(Trib.)

S. 69 : Unexplained investments-Addition at rate of 4% assuming saving bank account interest rate earned on bank balances with HSBC, Geneva-Illogical to compute interest rate prevailing in India as there was no documentary evidence to support presumption of AO-Same amount taxed twice in two assessment years amounts to double taxation deleted addition. [S. 153A]

ACIT v. Krishan Lal Madhok (2021) 213 TTJ 734 / 206 DTR 123 (Delhi)(Trib.)

S. 69 : Unexplained investments-Bank deposit-Non-Resident-Two bank accounts in HSBC Geneva-Non-Resident-Income earned in Abu Dhabi and savings made in UAE as a non-resident-Addition cannot be made merely on the basis of information received from DIT. [S. 147]

Dy. CIT v. Ganpat Singhvi (2021) 214 TTJ 137 / 91 ITR 420 / (2022) 192 ITD 567 / 207 DTR 181 (Mum.)(Trib.)

S. 68 : Cash credit-Income from undisclosed sources-Bank statement of assessee showing loan from non-resident individual-During appeal proceedings filing confirmation of lender with his passport, copy of bank account and affidavit of seller-Addition not justified.[S. 69]

Nitin Gupta v. ITO (2021) 91 ITR 47 (SN) / 214 TTJ 247 (SMC) (Delhi)(Trib.)