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. 90 :Double taxation relief-Foreign tax credit 1 Short credit without stating reasons 1Matter remanded.

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 80P : Co-operative societies-Miscellaneous income-Grant from Government for activities in terms of bye-Laws 1Cannot be treated as income from other sources 1 Eligible for deduction. [West Bengal Co-operative Societies Act, 1973]

Udyan Large Size Multipurpose Co-Operative Society Ltd. v. ITO (2024)109 ITR 586 (Kol)(Trib)

S. 80IB: Industrial undertakings-Each well-Separate undertaking-Explanation inserted to Section 80IB(9)would operate with retrospective effect 1Matter stayed by Supreme Court 1Assessing Officer directed to decide issue in accordance with directions of Supreme Court. [S.800IB(9)]

Joshi Technologies International Inc. v. Asst. CIT (IT) (2024)109 ITR 70 (Ahd)(Trib)

S. 80G : Donation-Application-For existing trust and institutions, time-limit for applying for regular registration is within six months of expiry of provisional registration-Matter remanded. [S.80G(5)]

Gujarat Hira Bourse v.CIT (E) (2024)109 ITR 91 (SN)(Surat)(Trib)

S. 80G : Donation-Expenses on Corporate Social Responsibility Scheme disallowed in computing business income-Eligible for deduction in respect of payments included in corporate social responsibility expenses.[S.37(1)]

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 69A : Unexplained money-Cash deposit-Demonetisation-Non-filer-Sundry creditors, gift received from relatives, loan returned, collected and deposited-Addition is affirmed-Applying for Permanent Account Number after demonetisation announced-Jurisdiction transferred to Deputy Commissioner, International Taxation-No infirmity in notice.[S. 143(2)]

Subaira Parvin Seeni Ibrahim (Ms.) v.Asst. CIT (IT) (2024)109 ITR 72 (SN.) (Chennai)(Trib)

S. 69A : Unexplained money-Demonetisation-Cash deposited-Withdrawals from bank-Cash flow statement-No lacuna in cash flow statement-Addition is deleted.

Gauri Chhabra (Smt). v. ITO (2024)109 ITR 456 (Amritsar) (Trib)

S. 69 :Unexplained investments-Survey-Cash and stock-Excess stock offered as business income-Deeming provision is not applicable-Special rate of tax inapplicable-Statement under section 131 is no evidentiary value in absence of corroborative evidence-Entries in the Diary-No supporting evidence-Addition is not valid. [S.69A, 115BBE, 131, 133A]

Jaswinder Singh v.Dy. CIT (2024)109 ITR 377/230TTJ 355 (Chd)(Trib)

S. 68 : Cash credits-Deposit of cash in bank-Primary ownership is discharged-Addition is deleted.

Jagdish Prasad Sharma v. ITO (2024) 109 ITR 75 (SN)(Jaipur)(Trib)

S. 68 : Cash credits-Trading in gold and silver-Cash deposit to Bank-Demonetisation-Audited books of account supported by sales bill and stock details 1Books of account not rejected-Un secured loan-Filed ledger confirmation and Permanent Account Number-Addition is deleted. [S. 131(1), 133(6)]

Abhishek Prakashchand Chhajed v. ITO (2024)109 ITR 349 (Ahd)(Trib)