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)(a) : Assessment – Intimation – Charitable Trust- Income should be understood in its commercial sense – Computing total income of assessee equal to total receipts for year was not in accordance with commercial prudence – Addition deleted. [ S. 12AA ]

ITO (E) v. Camellia Educare Trust (2023) 201 ITD 616/ [2024] 109 ITR 362 (Kol)( Trib)

S. 143(1)(a) : Assessment – Intimation – Income from house property or income from business – Mistake of Auditor – Reported clause 16(d) of Form No. 3CD – Addition is not justified .[ S. 22,28(i) Form No 3CD ]

Brajesh Agrawal v. Asst. DIT (2023) 201 ITD 135/ 225 TTJ 606 / [2024] 109 ITR 476 (SMC ) ( All) (Trib )

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Make available – Sales services – Not assessable as technical services – DTAA – India-Singapore [S.90 , Art.12(4)(b) ]

Dy. CIT v. CEVA Asia Pacific Holdings (2023) 203 ITD 438/ [2024] 109 ITR 280 /227 TTJ 50 (Delhi)( Trib)

S. 90: Double taxation relief- Capital gains- Shares – Compulsorily Convertible Preference Shares – Exempt from tax – DTAA – India- Mauritius [ S. 45 , Art. 13(3A), 13(3B) ]

Sarva Capital LLC v. Asst. CIT (IT) (2023) 202 TTJ 685 / [2024] 109 ITR 330 (Delhi)( Trib)

S. 80G: Donation- Not started activities – Application is filed beyond six months -Rejection of application is not valid .[ S.80G(5) Form 10AB ]

Bhamashah Sundarlal Daga Charitable Trust v. CIT (E) (2023) 226 TTJ 961 / (2024) 109 ITR 418 (Jodhpur) ( Trib)

S. 12AA : Procedure for registration –Trust or institution- Objects of the Trust should be charitable in nature and its activities were genuine- The Commissioner (E) was directed to grant registration to trust from the date of application. [ S. 2(15) , 12A ]

B. M. L. Welfare Trust v. CIT (E) [2023] 151 taxmann.com 76/ [2024] 109 ITR 678 (Amritsar (Trib)

S.10(35): Units of mutual fund – Dividend Mutual Funds – Dividend income earned cannot be subject to tax .[S. 115BBDA, 154 ]

Rajalben Hirenbhai Patel v. DCIT (2023) 108 ITR 67 (SN/ [2024]204 ITD 674(SMC) (Ahd ) ( Trib)

S. 10 (23C): Educational institution – Statement in the course of survey – Certain expenses not properly vouched – Principal Commissioner cancelled registration by invoking clause (b)(ii) of 15th proviso to section 10(23C) –Edifice erected on statement of trustee – No case within any of ‘specified violation’ – Cancellation order revoked.[S.10(23C(vi) , 131, 133A ]

St.. Xavier’s Education Trust v. PCIT [2023] 202 ITD 696 / [2024] 109 ITR 501 [Pune] ( Trib)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Deduction of the amount deposited on account of employees’ contribution to PF and ESIC after due dates specified in PF /ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act- Tribunal allowed the deduction relying on the judgement of Jurisdictional – Rectification application of the Revenue is dismissed . [ S.36(1)(va), 43B , 139(1), 254(1) ]

Dy.CIT v. ANI Integrated Services Ltd.(Mum)( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Dividend received on the shares which were received as donation towards corpus fund – Treated as part of corpus fund – Cannot be treated as income from other sources – Entitle to exemption. [ S. 11(1)(d),11(5), 13(1)(d)]

ITO v. Bhavitha Foundation (Mum)( Trib) .www.itatonline .org .