Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Parner Vipassana Samiti v. CIT (2024) 209 ITD 370 (Pune) (Trib.)

S. 80G : Donation-Granted provisional registration-Prior to expiry of due date application was filed-Rejection order is set aside and matter is remanded with a direction to treat assessee’s application dt. 22/08/2023 as filed within time limit.[S.80G(5)(iv)]

Grow Foundation v. DCIT(E) (2024) 209 ITD 1 (Ahd.)(Trib.)

S. 80G : Donation-Approval-Rejection of application by Commissioner (E) is not valid on plea that assessee was required to file application on or before 30-9-2022-Matter restored to file of Commissioner (E) for de novo consideration.[S.80G(5), Form No.10B]

FI Foundation v. CIT (2024) 209 ITD 320 (Chd.) (Trib.)

S. 80G : Donation-Time limit for filing application for final registration-Application moved had been moved well within prescribed time period i.e., before expiry of six months of provisional registration-Not barred by limitation. [S.80G(5)(iii), Form No.10AB]

Grow Foundation v. CIT (2024) 209 ITD 1 (Ahd.) (Trib.)

S. 80G : Donation-Application was filed on or before 30-9-2023-Further stood extended to 30-6-2024 vide Circular No. 7 of 2024, dated 25-4-2024-Rejection of application by CIT(E) is not proper on the ground that the assessee was required to file application on or before 30-9-2022-Matter remanded to the CIT(E) for de novo consideration. [S.80G(5)]

ACIT v. Vallabh Roopchand Bhansali (2024) 209 ITD 165 (Mum) (Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Capital loss-Transfer of listed securities to his partnership firm-Long term capital loss-Colorable device-Loss is not allowed to be set off. [S. 10(38), 45]

Shanmugasundaram v. ITO (2024) 209 ITD 158 (Chennai) (Trib.)

S. 69C : Unexplained expenditure-Sale consideration-Agricultural land-No material with the department-Addition is deleted.

Ideal Education Trust v. ITO (2024) 209 ITD 479 (Ahd.)(Trib.)

S. 69A : Unexplained money-Cash deposits-Educational institutions-Hostel fees from students-Matter remanded to the file of CIT(A) for fresh adjudication. [S.10(23C)(iiiad), 12A]

Bakhtawar Nariman Dalal v. ITO (2024) 209 ITD 191 (Mum.)(Trib.)

S. 69A : Unexplained money-Business of selling religious items in a Parsi temple-Deposit of cash of Rs. 7.20 lakhs in bank account-Past savings-Demonetization period-Not maintaining the books of account-Addition is deleted.

Chandrasekhar Yernena v. ITO (2024) 209 ITD 307 (Visakha)(Trib.)

S. 69 : Unexplained investments-Source of investment in liquor business-Agricultural income-Loan-Partly accepted the explanation-Rejection of books of account and estimating net profit at 5 per cent of purchase price of stock that was put to sale is affirmed. [S. 145]

Jayantilal Bhagwanchand v. ITO (2024) 209 ITD 23 (Bang)(Trib.)

S. 68 : Cash credits-Shares-Long term capital gains-Offline purchase-Penny stock-Accommodation entries-Opportunity of cross examination is not given-Addition is deleted.[S.10(38), 45]