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
Click here to download the pdf versions of the Digest of case laws

S. 68 : Cash Credits-Gift from father-Addition is held to be not justified.

Kushal Virendra Tandon v. CIT (2021) 91 ITR 610 / (2022) 215 TTJ 630 (Mum.)(Trib.)

S. 68 : Cash credits-Share Application Money-Shares issued at premium-Identity of parties, genuineness of transactions and creditworthiness proved-Additions cannot be made merely on the basis of inferences. [S. 131(1)(d)]

Kritiprada Fashion Pvt. Ltd. v. ITO (2021) 91 ITR 149 (Surat)(Trib.)

S. 68 : Cash credits-Share Application Money-Shares issued at premium-Identity of parties, genuineness of transactions and creditworthiness proved-Additions cannot be made merely on the basis of inferences. [S. 131(1)(d)]

Kritiprada Fashion Pvt. Ltd. v. ITO (2021) 91 ITR 149 (Surat)(Trib.)

S. 68 : Cash credits-Share application money-Notice issued to share applicants u/s 133(6) of the Act-Matter remanded. [S. 133(6)]

Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 68 : Cash credits-Share application money-Notice issued to share applicants u/s 133(6) of the Act-Matter remanded. [S. 133(6)]

Brash Steels Pvt. Ltd. v. ITO (2021) 91 ITR 19 (Delhi)(Trib.)

S. 68 : Cash credits-Income from undisclosed sources-Non-Resident-Balance in bank accounts abroad-HSBC in Geneva-Addition as peak addition is held to be not valid [S. 5(2), 69]

Dy. CIT v. Ganpat Singhvi (2021) 207 DTR 181 (Mum.)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Denial of opportunity to cross-examine witness-Principle of natural justice is violated-Entire addition solely on the basis of statement is deleted-The assessee has discharged by furnishing copes of PAN memorandum of association bank account details etc-Order of CIT(A) deleting the addition was affirmed. [S. 131]

ACIT v. El Dorado Biotech Ltd. (2021) 198 DTR 23 (Ahd.)(Trib.)

S. 68 : Cash credits-Share application money-Proviso inserted to section 68 by Finance Act, 2012 with effect from 1-4-2013-Not retrospective in nature-Discharged the initial burden-Addition is not justified. [S. 69C]

Adhoi Vyapar (P.) Ltd. v. ITO (2021) 91 ITR 582 / (2022) 192 ITD 695 (Mum.)(Trib.)

S. 68 : Cash Credits-Identity, creditworthiness and genuineness of the transaction was proved-Addition was held to be not justified.

Naveen Infradevelopers & Engineers Pvt. Ltd. v. Dy.CIT (2021) 213 TTJ 344 / 205 DTR 271 (Delhi)(Trib.)

S. 68 : Cash credits-Books of account not maintained-Addition as cash credits not sustainable-Turnover more than Rs. 40 Lakhs-Gross profit rate of 8 Per Cent. can be applied. [S. 44AD, 44AF]

Sardari Lal v. ITO (2021) 214 TTJ 767 / 62 CCH 607 / 91 ITR 651 / 207 DTR 225 (Amritsar)(Trib.)