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. 80P : Co-operative societies-Deposits made out of surplus funds with Co-Operative Banks and scheduled Banks-Entitled to deduction of interest.[S.80P(2)(a)(i), 80P(2(d), Maharashtra Co-operative Societies Act, 1960,]

Kolhapur District Central Co-Operative Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. v. ITO (2024)113 ITR 269 (Pune)(Trib)

S. 80IC : Special category States-Delay in filing return-Mistake of Auditor-Delay condoned-Fall in gross profit-Books of account not rejected-Addition is deleted. [S.80AC, 139, 145]

Dy. CIT v. Symbiosis Pharmaceuticals P. Ltd. (2024)113 ITR 468 /228 TTJ 201 (Chd) (Trib)

S. 80IC : Special category States-Eligible profits-Disallowance of sales promotion expenses-Freebies-Enhancement of profits of eligible business-Directed to recompute eligible profits and allow deduction-Profit derived from sale of scrap-Eligible for deduction-Central Board Of Direct Taxes Circular No. 37 Of 2016, Dated 2-11-2016.]

IPCA Laboratories Ltd. v. Dy. CIT (2024)113 ITR 53/230 TTJ 409 /161 taxmann.com 511(Mum)(Trib)

S. 80G : Donation-Time-limit for application for approval-Dismissed on ground that application was made beyond time-Limit Board circular extending time-Matter remanded to the CIT(E) to decide in accordance with law.[S.80G(5), Form No 10B]

Taxation Consultants Association v. CIT (E) (2024)113 ITR 30 (SN)(Pune)(Trib)

S. 80G : Donation-Application for registration dismissed on ground Form 10AB was filed beyond time prescribed-Central Board Of Direct Taxes Circular No. 7 Of 2024, Dated April 25, 2024 (2024) 463 ITR 14 (St)-Directed Commissioner (E) to consider Assessee’s application and grant exemption-Delay of 243 days in filing of appeal is condoned.[S.12A,80G(5)(iii), 253(5), Form No 10A, 10AB]

Seva Bharati v. CIT (E) (2024)113 ITR 74 (SN)(Kol)(Trib)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Loss incurred on sale of shares on Stock exchange platform-Securities transaction tax paid-Eligible to be set off against long-term capital gains earned from sale of unlisted shares. [S. 10(38), 45, 71 74]

Rita Gupta v. Dy. CIT (2024)113 ITR 1 (Kol) (Trib)

S. 69C : Unexplained expenditure-Search and seizure-Seizure of diary entries of cash payment to vendors-Names of relatives also mentioned-Affidavit is rejected-Addition is justified. [S.115BBE, 132(4)

Kailash Gahlot v. Dy. CIT (2024)113 ITR 62 (SN)(Delhi)(HC)

S. 69A : Unexplained money-Trading in firecrackers-Cash deposited-Demonetisation-Cannot be assessed as undisclosed income. [S. 145]

Durga Fire Work v. ITO (2024)113 ITR 53 (SN)(Delhi)(Trib)

S. 69 : Unexplained investments-Unexplained money-Agricultural activities-Mistakenly reported as gross instead net income-Affidavit explaining the facts-Not cross examined-Content is proved to be correct unless rebutted by evidence-Addition is deleted-Delay in filing of appeal is condoned. [S,69A 115BBE]

Madan Lal v. ITO (2024)113 ITR 636 (Jodhpur)(Trib)

S. 68 : Cash credits-Cash deposit-Demonetisation period-Business of retail trading in medicine-Books of account not rejected-Addition is deleted. [S. 145]

Subhojit Paul v.ACIT (2024)113 ITR 3 (SN)(Kol)(Trib)