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. 69 : Unexplained investments-Deposit of cash in bank account-Addition was deleted-Cash deposits and withdrawal-Concealment penalty-Matter remanded. [S. 271(1)(c)]
Sudhir Angre v. ITO (2022)93 ITR 69 (SN) (Pune)(Trib.) Sunil Angre v. ITO (2022)93 ITR 69 (SN) (Pune)(Trib.)
S. 69 : Income from undisclosed sources-Entries in cash book on date of issue of cheque-Presented in Bank subsequently-Matter remanded for verification.
Niyant Heritage Hotels (P.) Ltd. v ITO (2022) 93 ITR 11 (SN) (Delhi) (Trib.)
S. 69 : Income from undisclosed sources-Entries in cash book on date of issue of cheque-Presented in Bank subsequently-Matter remanded for verification.
Niyant Heritage Hotels (P.) Ltd. v ITO (2022)93 ITR 11 (SN) (Delhi) (Trib.)
S. 68 : Cash credits-Accommodation entries-Entire deposit cannot be added as income of the assessee-Estimating the commission at 0.6 percent is held to be appropriate.
ITO v. Rakesh Relan (2022) 93 ITR 39 (SN) (Delhi)(Trib.)
S. 56 : Income from other sources-Purchase of immovable property for value less than stamp duty value-Amendment is applicable for assessment year 2014-15 and subsequent years-Amendment is not retrospective-Unable to explain the source of cash payment-Assessable as income undisclosed income. [S. 56 (2)(vii)(b), 69].
Balaram Suryavanshi v. ITO (2022) 93 ITR 4 (SN) (Kol.)(Trib.)
S. 40(a)(ia) : Payment For Pest Control after deduction of tax at source-No disallowance can be made-Building maintenance-Matter remanded. [S. 194C]
Niyant Heritage Hotels (P.) Ltd. v ITO (2022) 93 ITR 11 (SN) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Agent of Life Insurance Corporation-Expenses related to salary, staff welfare and bonus-Disallowance on guess work is held to be not valid.
Rajiv Gupta v. ITO (2022) 93 ITR 3 (SN) (SMC) (Delhi)(Trib.)
S. 37(1) : Business expenditure-Construction of new roads-Capital expenditure-Share premium-Interest on borrowed capital-Matter remanded. [S. 36(1)(iii), 68]
Pragati Glass Pvt. Ltd. v. ACIT (2022) 93 ITR 42 (SN) (Surat)(Trib.)
S. 37(1) : Business expenditure-Increased liability on account of wage revision due to Court order-Entries in books of account not determinative-Right to claim legitimate deduction-Allowable as deduction. [S. 139(5), 145]
ITO v. Karnataka State Industrial Co-Operative Bank Ltd. (2022) 93 ITR 50 (SN) (Bang.)(Trib.)
S. 37(1) : Business expenditure-Increased liability on account of wage revision due to Court order-Entries in books of account not determinative-Right to claim legitimate deduction-Allowable as deduction. [S. 139(5), 145]
ITO v. Karnataka State Industrial Co-Operative Bank Ltd. (2022) 93 ITR 50 (SN) (Bang.)(Trib.)