Author: ksalegal

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Rishabh Sahkari Sakh Sanstha Mydt v. ITO (2020) 77 ITR 26 (SN) (Indore)(Trib.)

S. 80P : Co-operative societies-Provision for bad debt-Commission expenses-Deductible. [S.80P(2)]

Lunawada Taluka Primary School Teachers Co-Op. Credit Society Ltd. v. ITO (2020) 77 ITR 46 (SN) (Ahd.)(Trib.) Vir Transport Operator Co-Op. Credit and Services Society v. ITO (2020)77 ITR 46 (SN) (Ahd.)(Trib.)

S. 80P : Co-operative societies-Interest from Nationalised Banks-Not entitled to deduction-Net interest from deposits with Scheduled Bank to be excluded from computation of deduction-Interest from Co-Operative Societies or Co-Operative Banks-Entitled to deduction-Net interest to be allowed as deduction. [S.80P(2)(a)(i), 80P(2)(d)]

Chirakara Service Co-Operative Bank Ltd. v. ITO (2020) 77 ITR 457 (Cochin)(Trib.) Pangode Service Co-Operative Bank Ltd. v. ITO (2020) 77 ITR 33 (SN) (Cochin)(Trib.) Andoorkonam Service Co-Operative Bank Ltd. v. ITO (2020) 77 ITR 33 (SN) (Cochin)(Trib.) Varkala Service Co-Operative Bank Ltd. v. ITO (2020) 77 ITR 33 (SN) (Cochin)(Trib.)

S. 80P : Co-operative societies-Certificate issued by Registrar of Co-Operative Societies is not binding on AO–Interest on investments with Co-Operative Banks-AO is to follow law laid down by full bench of Kerala High Court in Mavilayi Service Co-Operative Bank Ltd. v. CIT (2019) 414 ITR 67 (FB) (Ker.)(HC) [S.80P(2)(4)]

Ashwini Sahakari Rugnalaya Ani Sanshidhan Kendra v. CIT(E) (2020) 77 ITR 61 (SN) (Pune)(Trib.)

S. 80G : Donation-Approval-Approval granted to assessee is still continuing-Order rejecting approval is redundant in law. [S. 80G(5)(vi)]

Sabtera Foundation v. CIT(E) (2020) 77 ITR 296 (SN) (Chd.)(Trib.)

S. 80G : Donation-Corporate Social Responsibility requirements-Denial of approval is not justified. [S. 12A, 80G(5)(vi)]

Soniya Ashokkumar Sachdev v. ITO (2020) 77 ITR 54 (SN) (Pune)(Trib.)

S. 69A : Unexplained money–Cash gift from brother–Stamp paper used for the alleged gift was purchased after two years after declaration of gift-Addition is held to be valid-regarding professional receipts–Addition is deleted.

Vinod Kumar Jain v. ITO (2020) 77 ITR 83 (SN) / 205 TTJ 527(Indore)(Trib.)

S. 69 : Unexplained investments-Books of account not audited–Net profit to be estimated at 8%-Cash gift from relatives-Mother in law-Relative-Agricultural income-No reason to doubt genuineness and creditworthiness of source-Addition is not justified. [S. 56, Explanation, (e), 68]

Mustafa Chhawaniwala v. ITO (2020) 77 ITR 5 (SN) (Indore)(Trib.)

S. 69 : Unexplained investments-Purchase of property-Source of investment-Remanded to CIT(A). [S. 250]

Bishan Bansal v. Dy.CIT (2020) 77 ITR 95 (SN) (Delhi)(Trib.)

S. 69 : Unexplained investments–Search and Seizure-Unexplained cash and jewellery-Benefit is given as per circular No 1016 dt 5-11-1994-Explanation is not satisfactory–Addition is held to be justified. [S. 132]

P. Ramachandra Reddy v. ITO (2020) 77 ITR 49 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Purchase of site-Transaction has not materialized–Addition is held to be not justified.