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
Click here to download the pdf versions of the Digest of case laws
S. 92B : Transfer pricing-International transaction-Arm’s length price-Avoidance of tax-Distributor of products manufactured by its AE-AMP expenditure incurred in India to promote brand-Not constitute international transaction requiring any TP adjustment.[S.92C]
Kellogg India (P.) Ltd. v. ACIT (2024) 204 ITD 441 (Mum) (Trib.)
S. 80P : Co-operative societies-Interest-Co-Operative banks and other nationalised banks-Eligible for deduction. [S.80P(2)]
ITO v. Yendagandhi Large Sized Co-operative Society Ltd. (2024) 204 ITD 203 (Vishakapatnam) (Trib.)
S. 144C : Reference to dispute resolution panel-Final assessment order was passed by AO beyond period of one month from end of month in which direction of DRP was received-Assessment order was time-barred and void ad initio. [S. 144C(13)]
Lubrizol Advanced Materials India (P.) Ltd. v. Assessment Unit (ITD) (2024) 204 ITD 130 (Mum) (Trib.)
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-No deduction is claimed-Disallowance cannot be made. [S.80IA(7)]
ACIT v. Chittorgarh Kota Tollway (P.) Ltd. (2024) 204 ITD 223 (Ahd)(Trib.)
S. 80G : Donation-Education-Only one object-Application by an inadvertent error, it had mentioned all three objects of trust deed-Matter remanded back for fresh adjudication. [S. 10(23C)(vi), 80G, Form No 10AB, 10AC.]
Thirumurugan Kalvi Arakkattalai. v. CIT (2024) 204 ITD 543 (Chennai) (Trib.)
S. 80G : Donation-Registration-Denial of approval-Not obtained in the past-Activities were commenced in the year 1984-Application cannot be rejected as treated as time barred. [S.12AB, 80G(5),Form No. 10AD]
Navsari Surat Aththavisi Modh Chaturvedi Brahmin Ghyati Samast. v. CIT (2024) 204 ITD 537 (Surat) (Trib.)
S. 80G : Donation-Trust registered under section 12A-Providing charitable activities-Denial of approval under section 80G(5) is not justified. [S.80G(5) Companies Act, 2013, S. 8]
Olive Development Foundation. v. CIT (2024) 204 ITD 12 (Mum) (Trib.)
S. 69C : Unexplained expenditure-Sale transaction-Expalined the source of transactions-Addition is deleted.
Chandra Pal. v. ACIT (2024) 204 ITD 565 (Delhi) (Trib.)
S. 69A : Unexplained money-Jewellery-Search-Bank Locker-stree-dhan-Jewellery was gifted to her on various occasions such as marriage, birth of children, etc.-Addition is deleted. [S. 132] C
Preeti Singh. v. ACIT (2024) 204 ITD 529 (Delhi)(Trib.)
S. 69A : Unexplained money-Search-Jewellery-Status of family-Addition is deleted.[S. 132]
Chandra Pal. v. ACIT (2024) 204 ITD 194 (Delhi) (Trib.)