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. 80G : Donation-Deductions to be restricted to 10 Per Cent. of gross total income-Entitled to deduction in respect of donations to institute registered under section 80G(2)(a)(iiif)-Claim shown separately in computation of total income-No infirmity in Commissioner (Appeals) directing Assessing Officer to verify claim and grant it-Not claimed benefit of sections 11 and 12 of the Act, there was no question of granting the benefit of carrying forward the deficit of this year to the next year. [S.11, 12, 80G(2)(a)(iiif), 80GGA]
Asst. CIT v. RD Tata Trust (2024)112 ITR 61 (SN)(Mum)(Trib)
S. 69C : Unexplained expenditure-Bogus purchases-Trading in Iron and steel scrap-Sales not disputed-Regular transaction with supplier-Ledger confirmation of supplier-Order of CIT(A) deleting the addition is affirmed. [S. 143(3)]
ITO v. Hari Steel Industries Ltd. (2024)112 ITR 26 (SN)(Mum)(Trib)
S. 69C : Unexplained expenditure-Income from undisclosed Sources-Survey-Accommodation entries-Bogus purchases-Addition to the extent of 12.5 Per Cent is affirmed-Reassessment is affirmed. [S.133(6) 139, 147, 148]
Aishwarya Publication P. Ltd. v. ITO (2024)112 ITR 14 (SN)(Mum)(Trib)
S. 68 : Cash credits-Cash Deposits-Demonetisation period-Cash sales explained-Basis of cash sales made in earlier financial year can not be adopted as a parameter for accepting cash sales made during year.
Diwan Saheb Fashions P. Ltd. v. ACIT (2024)112 ITR 12 (SN)(Delhi)(Trib)
S. 61 : Revocable transfer of assets-Trust-Association Of Persons-Stressed Assets Of Banks And Financial Institutions Acquired By ARCIL by setting up Trusts and formulating schemes-Trust is not an Association of persons-No discretion is given to trustee to decide allocation of income every year, nor right given to beneficiary to exercise option to receive income or not-Income liable to be assessed in hands of beneficiaries-Respective shares known since inception-Assessee could not be considered as an indeterminate trust. [S. 63, Indian Trusts Act, 1882, S. 7, 9, Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002]
Arcil Retail Loan Portfolio 004 B Trust v. ITO (2024)112 ITR 65 (SN)(Mum) (Trib)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Excess cash, stale drafts and branch suspense account-Transferred to depositors’ education and awareness fund-Cannot be treated as income-Deletion of addition is affirmed. [S.28 (iv)]
City Union Bank Ltd. v.Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education cess-Not an allowable deduction.
Tech Mahindra Business Services Ltd. v.ACIT (2024)112 ITR 21 (SN)(Mum)(Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Making Provision for expenses at end of accounting year-No tax deducted at source-Deducting tax at source in subsequent year and depositing it before due date for filing of return of income.[S.139(1)]
ACIT v. NRB Bearings Ltd. (2024)112 ITR 17 (SN)(Mum) (Trib)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Interest-Payment of deposits-Disallowance of 30 per cent of interest-Deductees have already filed return and paid tax-Matter remanded. [S.194A, 197, Form 15 G, 15H]
City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)