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. 80G : Donation-Time limit for applying for regular registration-Provisional application up to Assessment year 2024-25-Application in Form 10AB within six months before expiry of provisional approval-Application is within prescribed time limit-Matter is remanded to the file of CIT(E). [S.80G(5)]

Chopade Charitable Trust v. CIT (2024) 209 ITD 489 (Pune) (Trib.)

S. 80G : Donation-Granted provisional registration-Prior to expiry of due date application was filed-Rejection order is set aside and matter is remanded with a direction to treat assessee’s application dt. 22/08/2023 as filed within time limit.[S.80G(5)(iv)]

Parner Vipassana Samiti v. CIT (2024) 209 ITD 370 (Pune) (Trib.)

S. 80G : Donation-Approval-Rejection of application by Commissioner (E) is not valid on plea that assessee was required to file application on or before 30-9-2022-Matter restored to file of Commissioner (E) for de novo consideration.[S.80G(5), Form No.10B]

Grow Foundation v. DCIT(E) (2024) 209 ITD 1 (Ahd.)(Trib.)

S. 80G : Donation-Time limit for filing application for final registration-Application moved had been moved well within prescribed time period i.e., before expiry of six months of provisional registration-Not barred by limitation. [S.80G(5)(iii), Form No.10AB]

FI Foundation v. CIT (2024) 209 ITD 320 (Chd.) (Trib.)

S. 80G : Donation-Application was filed on or before 30-9-2023-Further stood extended to 30-6-2024 vide Circular No. 7 of 2024, dated 25-4-2024-Rejection of application by CIT(E) is not proper on the ground that the assessee was required to file application on or before 30-9-2022-Matter remanded to the CIT(E) for de novo consideration. [S.80G(5)]

Grow Foundation v. CIT (2024) 209 ITD 1 (Ahd.) (Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Capital loss-Transfer of listed securities to his partnership firm-Long term capital loss-Colorable device-Loss is not allowed to be set off. [S. 10(38), 45]

ACIT v. Vallabh Roopchand Bhansali (2024) 209 ITD 165 (Mum) (Trib.)

S. 69C : Unexplained expenditure-Sale consideration-Agricultural land-No material with the department-Addition is deleted.

Shanmugasundaram v. ITO (2024) 209 ITD 158 (Chennai) (Trib.)

S. 69A : Unexplained money-Cash deposits-Educational institutions-Hostel fees from students-Matter remanded to the file of CIT(A) for fresh adjudication. [S.10(23C)(iiiad), 12A]

Ideal Education Trust v. ITO (2024) 209 ITD 479 (Ahd.)(Trib.)

S. 69A : Unexplained money-Business of selling religious items in a Parsi temple-Deposit of cash of Rs. 7.20 lakhs in bank account-Past savings-Demonetization period-Not maintaining the books of account-Addition is deleted.

Bakhtawar Nariman Dalal v. ITO (2024) 209 ITD 191 (Mum.)(Trib.)

S. 69 : Unexplained investments-Source of investment in liquor business-Agricultural income-Loan-Partly accepted the explanation-Rejection of books of account and estimating net profit at 5 per cent of purchase price of stock that was put to sale is affirmed. [S. 145]

Chandrasekhar Yernena v. ITO (2024) 209 ITD 307 (Visakha)(Trib.)