Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Sardar Patel Co-Operative Credit Society Ltd. v. DCIT (2024) 205 ITD 327 (Surat) (Trib.) Sardar Patel Co-Operative Credit Society Ltd. v. DCIT (2024) 205 ITD 408 (Surat) (Trib.)

S. 80P : Co-operative societies-Interest-Co-Operative Bank-Eligible deduction. [S.80P(2)(d)]

ACIT v. Shreeji Shipping Services (India) Ltd. (2024) 205 ITD 509 (Rajkot) (Trib.)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Failure to file Form No 10CCB-Order of CIT(A) allowing the claim is seta side with the direction to pass speaking order. [S. 250, Form No 10CCB]

Vananchal Kelavani Trust. v. CIT (2024) 205 ITD 619 (Surat) (Trib.)

S. 80G : Donation-Approval under sub-section (5)of S.80G Third proviso to section 80G(5) was applicable only to newly constructed trust and not to old trust, delay in filing Form No. 10AB is condoned-Matter is remanded.[S.80G(5), Form No 10AB]

Jay Mataji Charitable Trust. v. CIT (2024) 205 ITD 503 (Rajkot) (Trib.)

S. 80G : Donation-Rejection of application without any specific observations as to whether less than 5 per cent of total income had been spent by assessee towards religious purposes-Matter is remanded back for de novo consideration. [S.80G(5)]

Swaminarayan Bhaktidham Dwarka Charitable Trust. v. CIT (2024) 205 ITD 515 (Rajkot) (Trib.)

S. 80G : Donation-Object-Religious nature-Rejection of application without pointing out any specific object in trust deed cannot be treated as religious in nature-Matter was to be remanded back for de novo consideration. [S.80G(5)Form No 10AB]

Agilent Technologies (International) (P.) Ltd. v. NFAC (2024) 205 ITD 551 (Delhi) (Trib.)

S. 80G : Donation-Contribution to prime minister’s relief fund-Part of legal compliance of corporate social responsibility (CSR)-Finance Act, 2014 mandated that CSR expenditure shall not be allowed as business expenditure under section 37(1)-No deduction under section 80G is allowable. [S.37(1)]

Sadhumargi Shantkranti Jain. v. CIT (2024) 205 ITD 358 (Raipur) (Trib.)

S. 80G : Donation-Objects to provide education, research and training, etc.-Expenditure incurred by it were not found to be religious in nature, it is eligible for approval under section 80G(5). [S.12AA, 80G(5)(vi)]

Sarika Bindal. v. ITO (2024) 205 ITD 49 (Delhi) (Trib.)

S. 69A : Unexplained money-Sale of shares-Long term capital gains-Penny stock-Both purchase and sale transactions were carried out through banking channel and by transfer of shares, long-term capital gain could not be regarded as sham profit and thus addition was not justified.[S. 10(38), 45, 69C]

DCIT v. Kul Prakash Chandhok (2024) 205 ITD 611 (Delhi) (Trib.)

S. 56 : Income from other sources-Bonus shares-Out of capitalization of existing reserves in company-Overall wealth of a shareholder post-bonus or pre-bonus remains same-therefore, Provisions of section 56(2)(vii)(c) are not attracted in respect of bonus shares. [S. 56(2)(vii(c)]

Achhelal Yadav. v. ITO (2024) 205 ITD 56 (Kol) (Trib.)

S. 54B : Capital gains-Land used for agricultural purposes-Sale consideration for purchasing new agricultural land-Capital gain is exempt from tax-Order passed under section 154 denying the claim is quashed.[S. 2(14)(iii) 154]