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. 143(3): Assessment-Search-Abatement of assessment-Documents relating to company and directors are seized-Pending assessment is abated-Assessment has to be made under section 153A or 153C-Assessment order is quashed and set a side. [S.68, 132, 153A 153C ]

Kalyanika Infra Mega Ventures (P) Ltd. v. DCIT (2023) 37 NYPTTJ 1600 / (2024) 227 TTJ 14 / 233 DTR 85 / (TM)(Jabalpur)(Trib) Tarun Devcon (P) Ltd v. DCIT (2023) 37 NYPTTJ 1600 / (2024) 227 TTJ 14 / 233 DTR 85 / (TM)(Jabalpur)(Trib)

S. 143(2) : Assessment-Notice-Reassessment-Notice issued beyond time prescribed-Order is null and void.[S. 139(4), 147, 148]

U.S. Roofs Ltd. v. ACIT (2023) 37 NYPTTJ 741 / (2024) 227 TTJ 989 / 234 DTR 183 (Mum)(Trib)

S. 115BBC : Anonymous donations-Determination of tax in certain cases-Charitable and religious purpose-Trust registered under S. 80G can also avail benefit of S. 115BBC(2) (b)-Entitle to benefit.[S.80G, 115BBC(2)(b)]

Dy. CIT v (E) v. Shree Sai Baba Sansthan Trust (Shridi) (2023) 37 NYPTTJ 1500 /(2024) 227 TTJ 633 / 234 DTR 82 / 162 taxmann.com 575 (Mum)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Allocation of common expenses-Allocation done by the TPO on the basis of revenues from the two segments is in order-Adjustment on account of payment of customs duty-No adjustment is allowable on account of the fact that the assessee has paid more customs duty than that paid by the comparables-Most appropriate method-TNMM should be applied in respect of international transaction of sale of finished goods.

Ampacet Speciality Products (P) Ltd. v. Dy. CIT (2023) 155 taxmann.com 448 / (2024) 227 TTJ 112 / 233 DTR 31 (Pune)(Trib)

S. 80P : Co-operative societies-Interest received from Baroda Rajasthan Gramin Bank Ltd. being a regional rural bank is not a cooperative society-Not entitle to deduction-Interest from central co-operative bank is eligible deduction-Circular No. 6 of 2010, dt. 20th Sept., 2010. [S.80P(2)(d)]

ITO v. Bhilwara Zila Dugdh Utpadak Sahkari Sang Ltd (2023) 37 NYPTTJ 1453 / (2024) 227 TTJ 129 / 233 DTR 65 /161 taxmann.com 219 (Jodhpur)(Trib)

S. 80IA : Industrial undertakings-Qua undertaking and not Qua assessee-Enterprises engaged in infrastructure development-Entire undertaking which developed the industrial park has been transferred-Transfer of undertaking-of Transferee is entitled to deduction-Circular No 799 dt 14-9-1999-Interest on fixed deposits-Not eligible deduction u/s 80IA-Assessable as income from other sources-Interest expenditure for earning of interest is allowable as deduction. [S.56 57(iii), 80IA(4)(iii), 80IA(12) ]

Dy.CIT v. Olympia Tech Park (Chennai) (P) Ltd (2024) 227 TTJ 844 234 DTR 169 / 38 NYPTTJ 27 (Chennai) (Trib)

S. 80G : Donation-Provisional registration-Time for filing application for regular registration-Words “or within six months of commencement of its activities, whichever is earlier”-The provisional approval is effective up to assessment year 2025-26-Directed to treat the application as filed within statutory and allow approval as per the law. [S.80G(5)]

T.B. Lulla Charitable Foundation v.CIT (E) (2024) 227 TTJ 858 / 236 DTR 61 / 162 taxmann.com 75 38 NYPTTJ 48 (Pune) (Trib)

S. 69C: Unexplained expenditure-Bogus purchases-Disallowance is restricted to 10 percent of alleged bogus purchases-Reassessment is valid-Sanction-Sanction granted by Principal CIT is valid.[S. 147, 148, 151]

Leelaben Kantilal Parekh v. ITO (2023) 37 NYPTTJ 1724 / (2024) 227 TTJ 257 (SMC) (Mum)(Trib)

S. 69 :Unexplained investments Undisclosed sources-Survey-Stock-Additional income surrendered during survey-Income surrendered during the course of survey cannot be brought to tax under the deeming provisions of S 69 and 69A of the Act-Assessable as business income-Provision of section 115BBE cannot be applied. [S. 28(i), 69A, 115BBE, 133A]

Pramod Singla v. ACIT (2023) 37 NYPTTJ 1107 / (2024) 227 TTJ 438 (Chd) (Trib)

S. 69A : Unexplained money-Deposits-Bank account-Non-Resident-Demonetisation-Amount received on cancellation of reservation of hotel booking-Addition is deleted.

Hersh Washesher Chadha v. ACIT (IT) (2023) 37 NYPTTJ 1643 /(2024) 227 TTJ 137 / 233 DTR 121 (Delhi)(Trib)