Income Tax : This guide explains when penalties can be imposed under various provisions of the Income-tax Act, 1961. It also outlines the appli...
Income Tax : This guide explains how unexplained cash credits under Section 68 and related provisions can attract steep taxation under Section ...
Income Tax : The Tribunal held that cash deposits during demonetisation cannot be treated as unexplained when backed by audited books, invoices...
Income Tax : ITAT Bangalore held that profit cannot be estimated arbitrarily when regular books of account are maintained and not rejected unde...
Income Tax : A large spousal gift exemption was denied due to failure in proving genuineness, creditworthiness, and source of funds. The ruling...
Income Tax : ITAT Kolkata deleted the Section 68 addition, holding that share application money already assessed in subscribers' hands cannot b...
Income Tax : Calcutta HC dismissed the Revenue's appeal after the remand report confirmed the disputed receipt was sale proceeds of investments...
Income Tax : ITAT Delhi held Section 68 cannot apply to sale proceeds of disclosed investments already recorded in books. Revenue's appeals wer...
Income Tax : ITAT Delhi held Section 68 inapplicable where shares were disclosed in an earlier year and sale proceeds were already offered as i...
Income Tax : ITAT Agra held Section 44AD could not apply where turnover exceeded the limit, adopted past profit history, allowed telescoping an...
Income Tax : CBDT has instructed tax officers to uniformly apply Sections 68 to 69D and Section 115BBE after a C&AG audit found inconsistencies...
Income Tax : Assessing Officers should follow the sequence as noted below for applying provisions of section 68 of the Act: Step 1: Whether the...
The Delhi ITAT concluded that the assessee had discharged the burden of proving the three essential ingredients required under Section 68. The Revenue failed to demonstrate that the funds originated from the assessee itself. The decision resulted in the deletion of the entire addition relating to share capital and premium.
The Calcutta High Court upheld the Tribunal’s order after finding that the reopening of assessment proceeded on incorrect facts regarding alleged exempt income from penny stock transactions. The Court held that no substantial question of law arose for consideration.
ITAT Delhi confirmed disallowance of a Section 80GGC claim after relying on investigation findings that the political party operated as an accommodation entry provider. The ruling emphasizes substance over form in tax deduction claims.
The Tribunal held that cash deposits linked to recorded cash sales could not be taxed again under Section 68, as doing so would amount to impermissible double taxation.
The Tribunal held that cash received from members and credited to their accounts could not be treated as unexplained income of the co-operative society under Section 68.
The Tribunal held that preference share capital cannot be treated as unexplained cash credit once the assessee establishes identity, creditworthiness, and genuineness of investors. Documentary evidence and banking records were found sufficient to discharge the burden under Section 68.
The ITAT Dehradun held that cash turnover in a petrol pump business during demonetisation could not be disregarded entirely. Considering the facts of the case, it reduced the addition under Section 68 to a lump sum of Rs.5 lakh.
ITAT Ahmedabad held that opening balances and share application money converted into loans from earlier years fall outside the scope of Section 68 for the relevant assessment year. The Tribunal deleted the entire addition after finding factual and legal infirmities in the assessment.
This guide explains how unexplained cash credits under Section 68 and related provisions can attract steep taxation under Section 115BBE. It highlights the conditions for invoking these provisions and the consequences of failing to satisfactorily explain the nature and source of funds.
The Tribunal observed that even in ex parte proceedings, the CIT(A) must adjudicate issues through a speaking order. The matter was remanded while directing the assessee to cooperate.
