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-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.)
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.)