Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Piramal Enterprises Ltd. v. DCIT (2024) 205 ITD 636 / 116 ITR 261(Mum) (Trib.)

S. 115JB : Company-Book profit-Export business-Deduction under section 80HHC for purpose of section 115JB, should be based on amount eligible as per books of account and not based on amount of deduction under section 80HHC under Chapter VI-A while computing normal income.[S.80HHC]

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)]