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. 23 : Income from house property-Annual value-Stock in trade-Notional value-Amendment is prospective. [S. 22, 23(5)]-

Dy. CIT v. Neepa Real Estates P. Ltd. (2024)116 ITR 247 / 171 taxmann.com 56 (Mum) (Trib)

S. 11 : Property held for charitable purposes-Imparting education-Activities in nature of trade, commerce or business-Separate Books account and balance-sheet is not maintained-Matter remanded for verification. [S. 2(15), 11(4A),12, 12A 13(8)]

Dy. CIT (E) v. Nehru Centre (2024)116 ITR 40 (SN)(Mum)(Trib)

S. 11 : Property held for charitable purposes-Objective of providing low-interest loans to downtrodden individuals-Interest charged over and above bank interest-Huge profit-Micro-Finance Activity-Business activity-Not entitle to exemption.[S. 2(15) 11(4A) 12

Sanghamitra Rural Financial Services v. ACIT (E) (2024)116 ITR 539 (Bang)(Trib)

S. 10 (23C): Educational institution-Proviso to Section 143(3) requiring withdrawal of approval before denial of exemption on ground of contravention-Assessing Officer has no jurisdiction to reopen assessment.[S. 10(23C)(vi), 143(3)]

Dy. CIT (E) v. Mahindra International School Academy (2024)116 ITR 712 / 172 taxmann.com 159 (Pune)(Trib)

S. 10(1) : Agricultural income-Soil placed on trays-Agricultural activity-Mushroom is an agricultural product-Income from sale of mushrooms constitutes agricultural income.[S. 2(IA)]

Fresh Bowl Horticulture P. Ltd. v. ITO (2024)116 ITR 3 (SN)/ 169 taxmann.com 49 (Mum)(Trib)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-Resident-Dependent agent permanent establishment-Offshore supply of equipment-No fixed place-Addition under section. 44AB is deleted-Interest is consequential in nature-DTAA-India-France [S. 444BBB 234B, Art. 5]

GE Hydro France v. Dy. CIT (IT) (2024)116 ITR 42 (SN)(Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Incriminating material is not pertaining to the relevant assessment.

Dy. CIT v. Kohli Tent House (2024)116 ITR 46 (SN)(Delhi)(Trib)

S. 153A : Assessment-Search-Unsecured Loans-Unexplained income-Penalty-Amounts carried over from previous year cannot be assessed as undisclosed income of the current year-New loans-Failure to establish credit worthiness-Addition is affirmed-Unabated assessment-Purchase and sale of land-No addition can be made merely on the basis of annual information return. [S.68, 132, 271(1)(c), 276C]

Dy. CIT v. Nagin A. Vaghela (2024)116 ITR 25 (SN)(Ahd)(Trib)

S. 153A : Assessment-Search-No incriminating material was found-Addition is deleted. [S. 132]

Dynamic Infraprojects P. Ltd. v. Dy. CIT (2024)116 ITR 16 (SN)(Delhi)(Trib) Dynamic Infraplanners P. Ltd v. Dy. CIT (2024)116 ITR 16 (SN)(Delhi)(Trib)

S. 153A : Assessment-Search-Suppression of sales-Three parties-Extrapolation of sales justified only as regards three parties-Order of CIT(A) restricting the gross profit rate only in respect of three parties is justified. [S. 132, 153C]

Gurdip Cycle Industries v. Dy. CIT (2024)116 ITR 410 / 165 taxmann.com 299 (Chd)(Trib)