Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dy. CIT v. Battery Ventures VII (Mauritius) [2024] 109 ITR 65 (SN)(Delhi)(Trib)

S. 90 : Double taxation relief -A resident of Mauritius earning income from the transfer of shares of Indian companies should be subject to capital gains tax exclusively in Mauritius, rather than in India- Appeal of Revenue is dismissed – DTAA -India -Mauritius [Art. 13 (4)]

Anand Urban Cooperative Credit Society Ltd. v. ITO (2024] 206 ITD 36 (SMC) (Pune) (Trib)

S. 80P : Co-operative societies -Deductions -Commission income on collection of MSEDCL bills which was from business activity carried on by assessee, same was eligible for deduction under section 80P(2)(a) [S.80P(2)(a)]

Udyan Large Size Multipurpose Co-op. Society Ltd v. ITO [2024] 109 ITR 586(SMC) (Kol)(Trib)

S. 80P : Co-operative societies – Grants –Miscellaneous income cannot be assessed as income from other sources – Eligible for deduction. [S. 56]

ITO v. Yendagandhi large Sized Co-Operative Society Ltd. [2024] 204 ITD 203 (Vishakha)(Trib)

S. 80P : Co-operative societies -Interest -Co -Operative Banks and Nationalised Banks – Eligible for deduction.[S.80P(2)]

Kolhapur District Central Co-op Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. v. ITO [2024] 205 ITD 6 (SMC) (Pune) (Trib)

S.80P: Co-operative societies -Interest – Surplus funds -Co -Operative banks and Schedule banks -Eligible deduction. [S.80P(2)(a)(i), 80P(2)(d)]

Supreme Treon P. Ltd. v. Dy. CIT [2024] 109 ITR 1 (SN) /227 TTJ 553 (Mum)(Trib)

S. 80IC: Special category States –Return filed within due date –Audit report -Form No.10CCBB is filed along with original return – Denial of exemption is not valid. [S.92E, 139(1), 143(1), Form No 3CEB, 10CCB]

Rabi Narayan Bastia v. DCIT [2024] 205 ITD 114 /227 TTJ 33(UO) (Mum) (Trib)

S.80GGA: Donation -Scientific Research -Rural development -At the time of making of donation the charitable trust was duly approved under section 35AC -Subsequent withdrawal -Denial of deduction is held to be not valid.[S.35AC(2), 80GGA(2) (bb), 147, 148]

Vivekananda Mission Asram v. CIT [2024] 109 ITR 22(SN) (Kol) (Trib)

80G: Donation – Denial of final approval -Due to technical reason -Mentioning of wrong clause Rectifiable mistake. [S. 12A, 80G (5)(vi)]

Montu Shallu Knitwears v. Dy. CIT [2024] 109 ITR 1 (Chd)(Trib)

S. 69B: Amounts of investments not fully disclosed in books of account – Stock not fully disclosed in books of account- Survey -Surrendered in the course of survey -Business income – Surrendered income could not be brought to tax under deeming provisions – Addition is deleted.[S.115BBE, 133A]

DDK Spinning Mills v. Dy. CIT [2024] 109 ITR 619 (Chd)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account–Statement in the course of survey -No evidentiary value -Addition is deleted [S.115BBE, 131, 133A]