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. 80G : Donation-Provisional approval-Application for approval cannot be rejected on ground that institution has already commenced its activities even prior to grant of provisional registration-The application filed by assessee being within limitation period, order of Commissioner (E) is set aside-CIT(E) is directed to decide the application for final registration within three months of receipt copy of order. [S. 12AA, 80G(5)(iii), 80G(5)(iv)]

Pranab Micro Services Federation. v. CIT (2024) 206 ITD 337 (Kol) (Trib.)

S. 80G : Donation-Provisional approval under clause (iv) to first proviso to section 80G(5)-Application for final approval under clause (iii) to first proviso to section 80G(5) could not be rejected on ground that institution had already commenced its activities even prior to grant of provisional registration. [S.80G(5), Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

Tomorrow’s Foundation. v. CIT (2024) 206 ITD 161/228 TTJ 880 (Kol) (Trib.)

S. 80G : Donation-Delay in filing the application-Tribunal has the power to condone the delay-Delay is condoned-Matter is remitted to CIT( E) to decide application afresh on merits.[Form No 10AB, 80G(5), 254(1)]

Swachh Vapi Mission Trust. v. CIT (2024) 206 ITD 187 (Surat)(Trib.)

S. 80G : Donation-Provisional approval-Date of application-Final approval cannot be rejected on the ground that institution had already commenced its activities even prior to grant of provisional registration.[S.80G(5) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

Anudip Foundation for Social Welfare. v. CIT(E) (2024) 206 ITD 115 (Kol.)(Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Short term capital loss-Under provisions of section 70(2), STCL arising from any asset could be set off against STCG arising from any other asset under a similar computation made irrespective of different rate of tax. [S.70(2)]

JS Capital LLC. v. ACIT (IT) (2024) 206 ITD 142 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Purchases-Submitted addresses, GST No. PAN No., amount of purchases (Net of VAT), bill/voucher/challan issued by parties mentioned details of assessee, excise duty paid, details of truck/challan no., order no. etc.-Payment were made through cheques-Notice sent under section 133(6) through ITBA portal was not responded-Purchases cannot be treated as non-genuine merely because the parties have not responded to notice sent under section 133(6) Addition is deleted. [S. 133(6)]

Isagro (Asia) Agrochemicals (P.) Ltd. v. DCIT (2024) 206 ITD 171 (Mum)(Trib.)

S. 69A : Unexplained money-Demonetization-Cash deposited-Bank account-Registered dealer under VAT Act-Addition is deleted as regards cash deposit and net profit is restricted to 3% of turnover as against 8% estimated by the Assessing Officer.[S.44AD]

Mohammad Ashraf War v. ITO (2024) 206 ITD 495 (Amritsar) (Trib.)

S. 69A : Unexplained money-Search-Gold jewellery-Surrender of income-Gold and silver seized-CBDT Instruction-500 gms-Addition is deleted-Cash of Rs. 1lakh-Addition is deleted. [S. 132(4)]

Anup Agrawal v. CIT (2024) 206 ITD 465 (Jodhpur)(Trib.)

S. 69 : Unexplained investments-Seized documents-Hard disk-Investment in shares under FDI route-Allegation of Hawala-Source of source also explained-Addition were made on merely based on suspicion-Addition is deleted.[S.153C, 292C]

Alchemist Touchnology v. ACIT (2024) 206 ITD 256 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital and share premium-Furnished copy of certificate of incorporation along with MOA and AOA, auditor’s report, balance sheet, trading and profit and loss account-Addition is deleted.[S. 56(2)(viib), R.11UA]

Shanta Blankets (P.) Ltd. v. ITO (2024) 206 ITD 715 (Delhi) (Trib.)