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. 35 : Expenditure on scientific research-Weighted deduction-In-house scientific research-Expenditure on clinical trials conducted outside approved-Clinical research outside facility would also be eligible for weighted deduction under S. 35(2AB). [S. 35(2AB]

Micro Labs Ltd v. ACIT (2023) 37 NYPTTJ 46/ (2024) 230 TTJ 625 (Bang)(Trib)

S. 28(i) : Business loss-Market to market loss-Allowable as business expenditure.[S. 37(1)

ITC Ltd v. ACIT (2024) 230 TTJ 921 / 38 NYPTTJ 626 (Kol)(Trib)

S.14A : Disallowance of expenditure-Exempt income-Not possible to maintain separate books of account-The AO is directed to restrict the disallowance on a reasonable basis.[R.8D(2)(iii)]

ITC Ltd v. ACIT (2024) 230 TTJ 921 / 38 NYPTTJ 626 (Kol)(Trib)

S. 12AB : Procedure for fresh registration-Registration granted cannot be cancelled without following due process of law-CIT(E) is directed to consider the assessee’s application under S. 12A(1)(ac)(v) in Form 10AB seeking approval for change in its objects/rules/ regulations as per the new trust deed and pass an order afresh in accordance with law.[S.12A(1)(ac)(v), 12AB(4), Form No. 10AB]

Shri Gayatri Sanshodhan Seva Mandal v. CIT(E) (2024) 230 TTJ 777 / 240 DTR 65 / 38 NYPTTJ 710 (Pune) (Trib)

S. 10 (23C): Educational institution-Hospital-Controlled and funded by State Government-Matter remanded to the file of the AO de novo adjudication. [S. 10(23C)(iiiac)]

Swasthya Bikash Samity v. ITO (E) (2024) 230 TTJ 526 / 240 DTR 51 / 38 NYPTTJ 739 / 164 taxmann.com 756 (Cuttack) (Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Income from offshore supply of plants, equipments, spares, etc.-Assessee has furnished evidence to show that the global profit rate in the paper division is 3 per cent the estimation of profit at 5% by the CIT(A) cannot be accepted-Issue is restored to the AO for de novo adjudication-DTAA-India-Germany.[Art. 5]

J.M. Voith Se & Co. Kg v. DCIT (IT) (2024) 230 TTJ 837 / 241 DTR 137 / 38 NYPTTJ 521 / 161 taxmann.com 734 /(2025) 121 ITR 402 (Delhi)(Trib)

S. 2(14)(iii) : Capital asset-Agricultural land-Land situated outside the Municipal limits-As per the last Census i.e., the Census of 2011, Zirakpur had a population of 95,443-Land situated more than four kilometers away from the Municipality Limits of Zirakpur-Sale consideration is not taxable. [S. 45]

Avtar Singh v. ITO (2024) 230 TTJ 506 / 239 DTR 113 / 38 NYPTTJ 410 / 166 taxmann.com 278 (Chd)(Trib)

S.271D: Penalty-Takes or accepts any loan or deposit-Metal deposits-Gold or silver in physical form followed by corresponding journal entries made in the books of account terming them as unsecured loans-Penalty is not leviable.[S. 269SS]

DCIT v. Baphana Jewellers (P) Ltd (2024) 229 TTJ 117 / 237 DTR 41 / 38 NYPTTJ 268 (Pune)(Trib)

S. 271B : Penalty-Failure to get accounts audited-Legal representatives-Death of assessee-Penalty is not leviable on legal representative-Penalty is deleted.[S.44AB, 159(1), 159(4), 274(1)]

Beantkaur Avtarsingh Juneja v. ITO (2024) 229 TTJ 916 / 238 DTR 225 / 38 NYPTTJ 549 (Nag)(Trib)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Admitted the claim as bogus-Admitted in affidavit-The admitted claim was not shown as income in response to notice issued under section 148 of the Act-Levy of penalty is affirmed. [S. 10(38), 45, 132(4), 139,148]

Annapurna Boddu v. ACIT (2024) 229 TTJ 587 / 38 NYPTTJ 401 (Hyd)(Trib)