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. 90 :Double taxation relief-Rule 128 is directory in nature and not mandatory and, thus, foreign tax credit could not be denied to assessee merely on ground that Form No. 67 was filed belatedly.[Rule 128, Form No 67]

DCIT v. Prabha Nageshwar Rachakondawar. (2024) 207 ITD 162 (Nagpur) (Trib.)

S. 80P : Co-operative societies-Interest-Co-Operative banks-Interest income not attributable to main business-Deduction is not allowable-Interest on investment made in Co-Operative banks-Eligible for claim of its cost of funds on entire interest income-Matter remanded. [S. 57, 80P(2)(a)(i), 80P(2)(d)]

Saptagiri Pattina Souharda Sahakari Sangha Niyamitha. v. ITO (2024) 207 ITD 41 (Bang) (Trib.)

S. 80JJAA : Employment of new workmen-Audit report-Claim of deduction cannot be denied even if audit report might not have been filed along with return of income however the report was filed before passing of assessment order. [S. 139(1), 139(4), 143(1), Form No 10DA.]

Akuntha Projects (P.) Ltd. v. Deputy Director-CPC (2024) 207 ITD 82 (Ahd) (Trib.)

S. 80G : Donation-Application was rejected on the ground that application was not within six months from date of provisional approval-Since provisional approval granted to assessee was valid till assessment year 2024-25-Application filed by assessee being within time limit permissible under section 80G(5)(iii), was to be restored to file of Commissioner (E) for de novo consideration. [S.80G(5)(iii)]

Saaksh Foundation. v. CIT (2024) 207 ITD 671 /230 TTJ 171/ 238 DTR 449 (Mum) (Trib.)

S. 80G : Donation-Approval-Application was filed beyond six months of commencement of activities-Tribunal directed the Commissioner (E) to grant exemption registration under section 80G(5)(iii) of the Act. [S.80G(5)(iii), Form No 10AB]

Income-tax Bar Association Calcutta. v. CIT (2024) 113 ITR 359 / 207 ITD 554 (Kol) (Trib.)

S. 80G : Donation-Corporate Social Responsibility (CSR) activities-Mandatory nature of CSR expenditure does not justify disallowance of same under section 80G, if other conditions of section 80G are fulfilled.[S. 37(1), Companies Act 2013 S. 135]

Interglobe Technology Quotient (P.) Ltd. v. ACIT (2024) 207 ITD 360 //114 ITR 611 /230 TTJ 545/240 DTR 1(Delhi) (Trib.)

S. 80G : Donation-Rejection of application-Delay in filing Form No 10AB-Matter is remanded to CIT(E) for reconsidering Form No. 10AB for final registration under section 80G(5) by providing opportunity of proper hearing.[S.80G(5), Form No. 10AB]

Avani Thakkar Charitable Trust v. CIT (2024) 207 ITD 20 (Ahd) (Trib.)

S. 80G : Donation-Expenditure towards CSR activities are an allowable.[S.37(1)]

Alubound Dacs India (P.) Ltd. v. DCIT (2024) 207 ITD 393/ 232 TTJ 547/243 DTR 195 (Mum) (Trib.)

S. 80G : Donation-Failure to file submission-Matter remanded back to Commissioner (E) to consider case of assessee on merit and examine object and activities of assessee and pass order in accordance with law.[S.80G(5), R. 17A, Form No. 10AB]

Arsala Education & Charitable Trust. v. CIT (2024) 207 ITD 77 (Surat) (Trib.)

S. 69A : Unexplained money-Cash deposit-Demonetization-Partly from fixed deposit maturity and partly from her brother’s funds-Addition is deleted-Best judgment assessment-Responded notices-conditions for invoking Section 144 were not met and therefore, assessment made by Assessing Officer u/s.144, would not sustain-Addition is deleted. [S.115BBE, 144]

Sakina Ahmedali Kantavala. v. ITO (2024) 207 ITD 717 (Ahd) (Trib.)