Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Developer-Contractor-Developing road, bridges etc-Matter is restored back to Commissioner (Appeals) for fresh adjudication. [S.80IA(4)]

Adani Education Foundation v. CIT (2024) 206 ITD 674 (Ahd) (Trib.)

S. 80G : Donation-Form 10AB for grant of final registration under section 80G(5) on 4-2-2023 i.e. within extended timeline provided by CBDT Circular No. 6/2023 dated 24-5-2023 with respect to final registration of Trust under section 12A in Form 10AB i.e. 30-9-2023-Matter is remanded to file of Commissioner (E) for re-deciding issue of grant of final registration under section 80G(5), on merits, as per law.[S.80G(5), Form No 10AB]

CIT-1982 Charitable Trust. v. ITO (2024) 112 ITR 546 / 206 ITD 543 (Chennai)(Trib.)/Madurai Agri Business Incubation Forum v. CIT( E) (2024) 112 ITR 546 / 206 ITD 543 (Chennai) (Trib.)/Shri Ramajayam Charitable Trust v.ITO 2024) 112 ITR 546 / 206 ITD 543 (Chennai) (Trib.)

S. 80G : Donation-Time line for filing Form no 10A for recognisation under section 12A is extended up to 30-9-2023-10AB for renewal of approval/recognition/registration under clause (iii) of first proviso to section 80G also. [S. 12A,80G(5), Form No 10A, 10AB]

N J Charitable Foundation v. CIT (2024) 206 ITD 486 (Surat) (Trib.)

S. 80G : Donation-Delay in filing application-Bona fide belief-Delay of 178 days-Delay is condoned-Matter is remanded to pass the order in accordance with law. [S.80G(5)]

Pranab Micro Services Federation. v. CIT (2024) 206 ITD 337 (Kol) (Trib.)

S. 80G : Donation-Provisional approval-Application for approval cannot be rejected on ground that institution has already commenced its activities even prior to grant of provisional registration-The application filed by assessee being within limitation period, order of Commissioner (E) is set aside-CIT(E) is directed to decide the application for final registration within three months of receipt copy of order. [S. 12AA, 80G(5)(iii), 80G(5)(iv)]

Tomorrow’s Foundation. v. CIT (2024) 206 ITD 161/228 TTJ 880 (Kol) (Trib.)

S. 80G : Donation-Provisional approval under clause (iv) to first proviso to section 80G(5)-Application for final approval under clause (iii) to first proviso to section 80G(5) could not be rejected on ground that institution had already commenced its activities even prior to grant of provisional registration. [S.80G(5), Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

Swachh Vapi Mission Trust. v. CIT (2024) 206 ITD 187 (Surat)(Trib.)

S. 80G : Donation-Delay in filing the application-Tribunal has the power to condone the delay-Delay is condoned-Matter is remitted to CIT( E) to decide application afresh on merits.[Form No 10AB, 80G(5), 254(1)]

Anudip Foundation for Social Welfare. v. CIT(E) (2024) 206 ITD 115 (Kol.)(Trib.)

S. 80G : Donation-Provisional approval-Date of application-Final approval cannot be rejected on the ground that institution had already commenced its activities even prior to grant of provisional registration.[S.80G(5) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

JS Capital LLC. v. ACIT (IT) (2024) 206 ITD 142 (Mum.)(Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Short term capital loss-Under provisions of section 70(2), STCL arising from any asset could be set off against STCG arising from any other asset under a similar computation made irrespective of different rate of tax. [S.70(2)]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum)(Trib.)

S. 69C : Unexplained expenditure-Purchases-Submitted addresses, GST No. PAN No., amount of purchases (Net of VAT), bill/voucher/challan issued by parties mentioned details of assessee, excise duty paid, details of truck/challan no., order no. etc.-Payment were made through cheques-Notice sent under section 133(6) through ITBA portal was not responded-Purchases cannot be treated as non-genuine merely because the parties have not responded to notice sent under section 133(6) Addition is deleted. [S. 133(6)]