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 -Deductions -Commission income on collection of MSEDCL bills which was from business activity carried on by assessee, same was eligible for deduction under section 80P(2)(a) [S.80P(2)(a)]

Anand Urban Cooperative Credit Society Ltd. v. ITO (2024] 206 ITD 36 (SMC) (Pune) (Trib)

S. 80P : Co-operative societies – Grants –Miscellaneous income cannot be assessed as income from other sources – Eligible for deduction. [S. 56]

Udyan Large Size Multipurpose Co-op. Society Ltd v. ITO [2024] 109 ITR 586(SMC) (Kol)(Trib)

S. 80P : Co-operative societies -Interest -Co -Operative Banks and Nationalised Banks – Eligible for deduction.[S.80P(2)]

ITO v. Yendagandhi large Sized Co-Operative Society Ltd. [2024] 204 ITD 203 (Vishakha)(Trib)

S.80P: Co-operative societies -Interest – Surplus funds -Co -Operative banks and Schedule banks -Eligible deduction. [S.80P(2)(a)(i), 80P(2)(d)]

Kolhapur District Central Co-op Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. v. ITO [2024] 205 ITD 6 (SMC) (Pune) (Trib)

S. 80IC: Special category States –Return filed within due date –Audit report -Form No.10CCBB is filed along with original return – Denial of exemption is not valid. [S.92E, 139(1), 143(1), Form No 3CEB, 10CCB]

Supreme Treon P. Ltd. v. Dy. CIT [2024] 109 ITR 1 (SN) /227 TTJ 553 (Mum)(Trib)

S.80GGA: Donation -Scientific Research -Rural development -At the time of making of donation the charitable trust was duly approved under section 35AC -Subsequent withdrawal -Denial of deduction is held to be not valid.[S.35AC(2), 80GGA(2) (bb), 147, 148]

Rabi Narayan Bastia v. DCIT [2024] 205 ITD 114 /227 TTJ 33(UO) (Mum) (Trib)

80G: Donation – Denial of final approval -Due to technical reason -Mentioning of wrong clause Rectifiable mistake. [S. 12A, 80G (5)(vi)]

Vivekananda Mission Asram v. CIT [2024] 109 ITR 22(SN) (Kol) (Trib)

S. 69B: Amounts of investments not fully disclosed in books of account – Stock not fully disclosed in books of account- Survey -Surrendered in the course of survey -Business income – Surrendered income could not be brought to tax under deeming provisions – Addition is deleted.[S.115BBE, 133A]

Montu Shallu Knitwears v. Dy. CIT [2024] 109 ITR 1 (Chd)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account–Statement in the course of survey -No evidentiary value -Addition is deleted [S.115BBE, 131, 133A]

DDK Spinning Mills v. Dy. CIT [2024] 109 ITR 619 (Chd)(Trib)

S. 69A : Unexplained moneys -Unexplained cash – Sale consideration as per sale agreement in his books of account- Addition is deleted.

Konathala Nooku Naidu v. ITO [2024] 160 taxmann.com 758 (Visakha) (Trib.)