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. 69C : Unexplained expenditure-Additions cannot be made when the Assessee has discharged his onus of providing all the genuine details within his ambit to prove the genuineness of a transaction. [S. 133(6)]
Sapankumar U. Jain v. ITO (2022) 94 ITR 216 (Mum.)(Trib.)
S. 69A : Unexplained money-Search of third party-Noting extracted from computer file-Addition cannot be made on presumptions.
ACIT v. Jotindra Steel & Tubes Ltd. (2022) 94 ITR 359 (Delhi) (Trib.)
S. 69 : Unexplained investments-Search and seizure-Estimate of unaccounted sales-Merely on the basis of statement of clerk and Assistant General manager without corroborative documentary evidence, addition cannot be made. [S. 69A, 132]
Fathimuthu Amma Mills Ltd. v. ACIT (2022) 94 ITR 6 (SN) (Chennai)(Trib.)
S. 69 : Unexplained investments-Search and seizure-Income of any other person-No satisfaction recorded-Data found in pen drive-Neither furnished the copy of statement nor an opportunity of cross examination-Addition on account of alleged cash loan was deleted. [S. 131, 132(4), 153C]
Prakash Chand Kothari v. Dy.CIT (2022) 94 ITR 49 (Jaipur)(Trib.)
S. 68 : Cash credits-Shares at premium-Documents filed-Low return of income by the subscribers-Burden discharged-Addition is not valid.
Intellectual Securities Pvt. Ltd. v. Dy.CIT (2022) 94 ITR 409 / 217 TTJ 56 / 213 DTR 111 (Delhi)(Trib.)
S. 68 : Cash credits-Bank deposits-Addition is sustained-Advance from customer-Addition is not justified.
DCIT v. Bridge & Building Construction Co. (P.) Ltd. (2022) 94 ITR 515 (Kol.)(Trib.)
S. 68 : Cash credits-Sale of shares-Purchase of shares accepted as genuine by the Assessing Officer-Addition as cash credits is not justified.
ACIT v. Jotindra Steel & Tubes Ltd. (2022) 94 ITR 359 (Delhi) (Trib.)
S. 57 : Income from other sources-Deductions-Expenditure is held to be allowable. [S. 56, 57(iii)]
Dy.CIT v. Sports Club Of Gujarat Ltd. (2022) 94 ITR 54 (SN) (Ahd.)(Trib.)
S. 54 : Capital gains-Profit on sale of property used for residence-Amendment to provision of section 54, restricting deduction allowed therein to only one residential property operates prospectively from 1st April 2015.
Saroj Arora v. ITO (2022) 94 ITR 698 (Delhi)(Trib.)
S. 48 : Capital gains-Computation-Cost of acquisition of asset-Interest paid on borrowed capital-Included in cost of acquisition. [S. 45, 49]
Dy.CIT v. Balaji Hotels and Enterprises Ltd. (2022) 94 ITR 24 (Trib.) (Chennai)(Trib.)