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. 143(1) : Assessment-Intimation-Co-operative societies-Failure to file return within time prescribed under section 139(1)-Claim of deduction under section 80P could not be denied by making prima facie adjustment.[S.80P, 139(1), 143(1)(a)(v)]

Chakargadh Seva Sahakari Mandali Ltd. v. DCIT (CPC) (2023) 202 ITD 793 (Rajkot)(Trib.)

S. 143(1) : Assessment-Intimation-Expenses or payments not deductible-Payment to Government-Cash payments exceeding prescribed limits-Payment towards purchase of liquor to a State Government undertaking-CPC Bengaluru would have either accepted said explanation or rejected after giving cogent reasons. [S.40A(3), 143(1)(a), R.6DD]

Harshdeep Singh Juneja v. DCIT (2023) 202 ITD 615 (Raipur) (Trib.)

S. 143(1) : Assessment-Intimation-Club membership fee-Auditor has not qualified-Adjustment is not justified. [S. 37(1), 143(1)(a)]

Ansal Housing Ltd. v. DCIT (2023) 202 ITD 71 (Delhi)(Trib)

S. 115JAA : Company-Book profit-Deemed income-Tax credit-Companies-Surcharge and cess- Irrespective of variation in its rate subsequently, would stand to be paid only for year for which tax is payable under regular provisions of Act, i.e., at an amount net of tax credit, and at rate applicable for that year-No question of set off of surcharge/cess, as in case of tax, in absence of specific provisions in its respect. [S. 4, 115JB]

Kerala Feeds Ltd. v. ACIT, CPC (2023) 202 ITD 803 /224 TTJ 641 (Cochin) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Contracts with third party customers-Tested parties-Difference in margin rate falls within tolerance limit of 5 per cent, in which case, international transactions of assessee should be considered to be at arms length-Adjustment is deleted-Delay in receiving money-Interest was to be computed individually after allowing accepted credit period-Matter remanded.

Oracle Finance Services Software Ltd. v. ACIT (2023) 202 ITD 266 (Mum.)(Trib.)

S. 80P : Co-operative societies-Interest income from investments made in various Co-operative Banks-Entitle to deduction. [S. 80P(2)(d), 80P(4)]

Pathare Prabhu Co-operative Housing Society Ltd. v. ITO (2023) 202 ITD 464 (Mum) (Trib.)

S. 80P : Co-operative societies-Business of providing credit facility to its members-Matter remanded to the Assessing Officer.[S. 80P(2)(a)(i)]

Ochanthuruth Service Co-operative Bank Ltd. v. ITO (2023) 202 ITD 143 (Cochin) (Trib.)

S. 80G : Donation-Objects of general public utility-Trade, commerce or business related to such objects-Receipts does not exceed 20 percent of total receipts-PCIT is directed to adjudicate matter of approval in light of amended provisions of section 2(15) of the Act. [S. 2(15), 80G(5)]

Alnoor Charitable Educational Trust. v. CIT (2023) 202 ITD 375 (Amritsar) (Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Civil contractor-No specific defects in the books of account-Addition on account of bogus purchases to 10 per cent of turnover is affirmed. [S. 145(3]

Shiv Shakti Construction. v. ACIT (2023) 202 ITD 655 / 225 TTJ 676 (Delhi) (Trib.)

S. 69A : Unexplained money-Cash deposited-Demonetization-Business of manufacture and retail trading of jewellery items-Actual sales cannot be treated as deemed income-Deletion of addition is affirmed. [S.143(3), 145(3)]

ITO v. Senco Alankar. (2023) 202 ITD 278 (Kol) (Trib.)