This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 80IC : Special category States-Partnership firm to company-Change in status of company in terms of its composition does not brings into action provisions of section 80IC(4)(ii)-Entitle to deduction. [S 80IC(2)(a)(ii), 80IC(4)(ii)]
Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)
S. 80G : Donation-Provisional approval-Commencement of activities in 2002-Entitle for final approval and there is no bar for making fresh application.[S.80G(5)(iv)]
North Eastern Social Research Centre. v. CIT (2024) 208 ITD 664 (Kol) (Trib.)
S. 80G : Donation-Within six months of commencement of its activities used in clause (iii) of first proviso to section 80G(5) would apply to those trusts which had not started charitable activities at time of obtaining provisional registration and not for those trusts which had already started charitable activities before obtaining provisional registration-Matter remanded for de novo adjudication. [S.80G(5), Form No.10AB.]
Rajasthan Export Promotion Council. v. CIT (2024) 208 ITD 497 (Jaipur) (Trib.)
S. 80G : Donation-Provisional approval-Commenced it’s activities prior to amendments brought in grant of registration of trust effective from 1-4-2021-Filed application for grant of final approval under section 80G(5) within a period of six months from date of grant of provisional registration within extended timeline upto 30-9-2023-, Application could not be denied on ground that same was not filed before 30-9-2022 as per Circular No. 6/2023, dated 24-5-2023.[S. 12A,80G(5), Form No 10A]
Navsari Agricultural University. v. CIT (2024) 208 ITD 521 (Ahd) (Trib.)
S. 80G : Donation-Commenced its activities much prior to grant of provisional approval under section 80G(5)-Assessee would be entitled to file application for grant of regular approval under section 80G(5) prior to six months of expiry of provisional approval.[S.80G(5), Form No. 10AB]
R.L. Education Sanstha v. CIT (2024) 208 ITD 381 (Pune) (Trib.)
S. 80G : Donation-Failure to appear before CIT(E)-Rejection of application in limine-Matter remanded back to Commissioner for decision afresh on merits. [S.80G(5)]
Asmita Education and Healthcare Foundation. v. CIT (2024) 208 ITD 186 (Mum) (Trib.)
S. 69C : Unexplained expenditure-Composite trading and profit and loss account-Sales accepted-Failure to response to notices issued by Revenue-s Ad-hoc disallowance of purchase of Milk is deleted.
Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)
S. 69C : Unexplained expenditure-Un explained investment-Bogus purchases-Accommodation entries-Sales accepted-Addition is restricted to gross profit of 6.19%. [S.28(i), 69, 143]
Mahir Diamonds v. ITO (2024) 208 ITD 626/114 ITR 80(SN) (Mum) (Trib.)
S. 69C : Unexplained expenditure-Bogus purchases-filed details of purchases made and corresponding quantity of sales made-Entire purchases could not have been added to income-Only profit element can be taxed.
Heena Gems v. ACIT (2024) 208 ITD 481/114 ITR 30(SN) (Mum) (Trib.)
S. 69C : Unexplained expenditure-Diary-Cash expenses-Absence of specific details in the affidavit-Addition is affirmed. [S. 132]
Kailash Gahlot. v. DCIT (2024) 208 ITD 25 /113 ITR 62 (SN) (Delhi) (Trib.)