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. 32 : Depreciation-Toll roads-Constructing a road on BOT basis on Government land-Not owner of road-Toll bridge and toll roads are not tangible assets of assessee in terms of Explanation-3(a) to section 32(1)(ii) [S.32(1)(ii)]

Hazaribagh Ranchi Expressway Ltd. v. ACIT (2024) 209 ITD 522 //115 ITR 46 (SN) (Mum.) (Trib.)

S. 32 : Depreciation-Business premises on lease-Improvement of leased premises by interior decoration, like false ceiling, painting etc.-Write off total expenses at 20 per cent ascertaining life of expenditure incurred between 3 to 5 years-Claim of depreciation is justified.

Hi-Style India (P.) Ltd. v. DCIT (2024) 209 ITD 175 (Chennai) (Trib.)

S. 28(i) : Business income-Prize winnings from unsold lottery tickets-Income from other sources-Reseller of Government paper lottery tickets-Prize winnings from unsold lottery tickets would part of business income-Eligible to set off its losses. [S.2(24)(ix), 56(2)(ib), 70, 71, 74A, 115BB, 194B]

DCIT v. Pooja Marketing (2024) 209 ITD 450 (Chennai) (Trib.)

S. 22 : Income from house property-Business of all kinds of engineering products including financing, manufacturing, selling-Rental income assessable as income from house property and not as business income. [S. 28(i), 263]

EMC Projects (P.) Ltd. v. DCIT (2024) 115 ITR 24 / 209 ITD 411 (Kol.)(Trib.)

S. 22 : Income from house property-Annual value-Stock in trade-Construction business-Operation of sub-section (5) of section 23 inserted by Finance Act, 2017 is not made retrospective and, thus, annual value/deemed rental income of property held as stock-in-trade can be calculated and shall be chargeable to income tax only with effect from assessment year 2018-19 and not prior to that. [S. 23(4), 23(5)]

Varun Developers v. ACIT (2024) 209 ITD 299 (Pune) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest-Surplus fund-Order of CIT(A) deleting the disallowance is affirmed. [R.8D]

DCIT v. Stylam Industries Ltd. (2024) 209 ITD 75 (Chd.)(Trib.)

S. 12AB: Procedure for fresh registration-Construction and maintenance of crematorium for monks and Saints-Various activities without any discrimination based on caste, colour, or creed-Entitle to registration. [S. 2(15), 11]

Akhil Bhartiya Pashwachandra Jain Charitable Trust v. CIT (2024) 209 ITD 385 (Rajkot)(Trib.)

S. 12AB: Procedure for fresh registration-Objects were confined to a particular community-Rejection of application is not valid-Section 13(1)(b) is not relevant at stage of registration under section 12AB but rather comes into play at time of assessment when determining exemption under section 11-Rejection application is set aside.[S. 11, 13(1)(b)]

Shree Dandhavya chhasath Prajapati Samaj. v. CIT (2024) 209 ITD 337 (Ahd.)(Trib.)

S. 12AB: Procedure for fresh registration-Principle of natural justice-Cancellation of Registration–Time granted only 10 days to cure defects-Rejection of application is set aside. [12A(1)(ac)(vi), R.17A]

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

S. 12AA : Procedure for registration-Trust or institution-Failure to establish activities in consonance to object-Natural justice-Matter remanded to the CIT(E) to pass a de novo order in accordance with law after providing reasonable opportunity. [S. 2(15)]

Chardikala Foundation. v. CIT (2024) 209 ITD 197 (Amritsar) (Trib.)