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-Cost of construction of residential property-Amount spent from out of salary savings-Addition was held to be not justified.

Anant Gurprasad v. ACIT (2021) 92 ITR 7 (SN) (Bang.)(Trib.)

S. 69 : Unexplained investments-Bogus purchases-Purchase and sale of diamonds-Report of investigation wing-Addition of 100 percent of total transactions was deleted, only addition of Rs. 20,000 was confirmed. [S. 143(3)]

Dhirajlal Popatlal Shah v. ITO (2021) 92 ITR 647 (Surat)(Trib.)

S. 68 : Cash credits-Creditors for purchases-Sales made accepted-Payment made in subsequent year was accepted-Books of account not rejected-Addition cannot me made merely because there was increase in creditors.

Godwin Construction Pvt. Ltd. v. ACIT (2021) 92 ITR 17 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Creditors-Confirmation and ledger copy was produced-Outstanding balance was written back and offered as income in latter years-Addition was deleted.

Carlson Hospitality Marketing (India) Pvt. Ltd. v. Dy.CIT (2021) 92 ITR 27 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Creditors withdrawing and depositing in the bank account of the assessee-Addition cannot be made as cash credits.

Erode Annai Spinning Mills P. Ltd. v. Dy. CIT (2021) 92 ITR 37 (SN) (Chennai)(Trib.)

S. 68 : Cash credits-Share capital and share premium-Books of account not produced-Matter remanded before CIT(A).

ACIT v. P.G. Holiday Inn Pvt. Ltd. (2021) 92 ITR 55 (SN) (Mum.)(Trib.)

S. 68 : Cash credits-Penny stock-Long term capital gains-Sale of shares-Broker on SEBI watchlist-Addition was deleted. [S. 10(38), 45]

Neeta Bothra (Mrs.) v. ITO (2021) 92 ITR 450 (Chennai)(Trib.)

S. 68 : Cash credits-Long term capital gains-Opportunity of cross examination was not given-Denial of exemption was not justified-Estimate of expenses was also deleted-Additional evidence was admitted. [S. 10 (38), 45, 69C, 132(4), ITAT R. 29]

Sanjay Singal v. Dy.CIT (2021) 92 ITR 214 (Chd.)(Trib.) Aarti Singal (Smt.) v. Dy.CIT (2021) 92 ITR 214 (Chd.)(Trib.) Aniket Singhal v. Dy.CIT (2021) 92 ITR 214 (Chd.)(Trib.) Sanjay Singhal (HUF) v. Dy. CIT (2021) 92 ITR 214 (Chd.)(Trib.)

S. 56 : Income from other sources-Issue of right shares to existing share holders at below market value-Issue of shares at bellow fair market value-Addition was deleted. [S. 56(2)(vii)(c)(ii)]

ITO v. Rajeev Ratanlal Tulshyan (2021) 92 ITR 332 / (2022) 193 ITD 860 (Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Purchase of new residential house-Date of delivery of possession of new property within one year prior to date of execution of sale deed of original Asset-Entitle for Exemption. [S. 45]

Pushpa Sankar v. ITO (2021) 92 ITR 44 (SN) (Chennai)(Trib.)