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
Click here to download the pdf versions of the Digest of case laws
S. 80G : Donation-Existing Trust-Time limit for provisionally registered Trust for seeking regular registration-Harmonious interpretation-The time limit for applying for regular registration for existing trust is six months of the expiry of provisional registration. [S.12AA, 80G(5), Form 10AB]
Shri Kailash Math Trust v. CIT(E) (2024) Chamber’s Journal-March 114 (Pune)(Trib) Editorial : Followed in Saaksh Foundation v. CIT(E) (2024) 207 ITD 671 (Mum)(Trib)
S. 68 : Cash credits-Sale of shares-Shreenath Commercial and Finance Ltd-Penny stock-Capital gain-Denial of exemption is not justified..[S. 10(38), 45]
Abhishek Doshi v. ITO (2024) Chamber’s Journal-April-P. 108(Mum)(Trib)
S. 68 : Cash credits-Sale of shares-Comfort Fine cap Ltd-Penny stock-All documents produced-Capital gain is exempt from tax.[S. 10(38)), 45]
Udaykumar Shah v. ITO (2024) Chamber’s Journal-March-P. 113 (Mum)(Trib)
S. 68 : Cash credits-Accommodation entries-Information from Investigation Wing-Bhanwarlal Jain-Rajendra Jain-Gautam Jain group-No evidence that amount was credited-Addition is deleted.
Manish Mehta v. ITO (2024) Chamber’s Journal-March p. 112 (Mum)(Trib)
S. 57 : Income from other sources-Deductions-Interest expenditure is more than interest income-Allowable as deduction. [S. 56, 57(iii)]
Shri Girish Bhai Vadilal Shah v. DCIT (2024) Chamber’s Journal-(2024) April-P. 107 (Ahd)(Trib)
S. 56 : Income from other sources-Transfer-Conversion of tenancy right to ownership rights-Not taxable-No immoveable property is received-No addition can be made either in the hands of the assessee or the land lord. [S. 2(47), 56(2)(x)(b)]
Shri Bipinchandra Shatntilal v. ITO (2024) Chamber’s Journal-December-P 101 (Mum)(Trib)
S. 45 : Capital gains-Transfer of land owned by partnership firm to its partners-Transferred at cost by book entry-Adjusted against capital balance of partner-Not taxable as capital gains. [S. 2(47)]
Rajkamal Stone Metal Works v. ACIT(2024) Chamber’s Journal-December-P.99 (Pune)(Trib)
S. 43(5) : Speculative transaction-Forward exchange contract-Loss on cancellation is held to be non speculative in nature.
DCIT v. J.K. Techno Soft Ltd (2024) Chamber’s Journal-June-P. 116 (Delhi)(Trib)
S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Salaries paid to director cannot be disallowed on the ground that salaries paid in earlier year was less than the relevant year-Burden is on revenue to demonstrate that the remuneration is excessive as per market rate-Disallowance is deleted.
Egberts India Pvt Ltd (2024) Chamber’s Journal-July-P. 123 (Chennai)(Trib)
S. 37(1) : Business expenditure-Non-Compete fees paid to retiring partner-Allowable as revenue expenditure.
Samkeet Arya Homes LLP v. ITO (2024) Chamber’s Journal-August-P. 170 (Amritsar) (Trib)