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. 28(i) : Business income-Carbon credits-Capital or revenue-Income earned from sale of Renewable Energy Certificates (REC)/carbon credits is a capital receipt and not business income-Return-An assessee can amend a return filed by him during assessment proceedings-Commission paid-Disallowance is not justified. [S. 4, 37(1), 69C, 139(5), 143(3)]

Satia Industries Ltd. v. NFAC (2023) 106 ITR 550 / 202 ITD 189 (Amritsar)(Trib.)

S. 28(i) : Business income-Unaccounted receipts-Cash receipts-Matter remanded. [S. 132]

Anuradha Properties & Townships (P.) Ltd. v. ACIT (2023) 202 ITD 91 (Hyd)(Trib.)

S. 24 : Income from house property-Deductions- Administrative expenses was not as deduction-Deletion of addition is justified. [S. 24(i), 153A]

DCIT v. Forum Projects (P.) Ltd. (2023) 202 ITD 51 (Kol) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance cannot exceed the exempt income.[R.8D]

DCIT v. Forum Projects (P.) Ltd. (2023) 202 ITD 51 (Kol) (Trib.)

S. 12AB : Procedure for fresh registration- Mis-match in name vis-a vis name shown in PAN, Form 10AB-Matter restored back to reconsider registration a fresh. [R. 17A, Form No 10AB]

Qamar Free Library. v. CIT (2023) 202 ITD 529 (Surat) (Trib.)

S. 12AA : Procedure for registration-Trust or institution-Failure to furnish self attested copy of registered bye-laws-Matter remanded. [S. 2(15), R. 17A(1)]

Confederation of Real Estate Developers Association of India. v. CIT (2023) 202 ITD 83 (Raipur) (Trib.)

S. 11 : Property held for charitable purposes-Audit report-Not e.filed along with return-Filed in the course of assessment proceedings-Denial of exemption is not justified. [S. 12 12A, Form No 10B]

JCIT (OSD)(E) v. Gujarat Energy Development Agency. (2023) 202 ITD 733 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5)-Return should be treated as due compliance with clause (ba) in sub-section (1) of section 12A-Entitle for exemption. [S. 12A(1) (ba), 139(1), 139(4A), 139(5)]

ITO v. Debendra and Rohini Memorial Trust. (2023) 202 ITD 587 (Kol)(Trib.)

S. 11 : Property held for charitable purposes-Delay in filing Form 10B-Accumulation of income-Audit report is filed in the course of assessment proceedings-Exemption cannot be denied merely on account of delay in furnishing audit report-It is permissible for assessee to produce audit report at a later stage, either before Assessing Officer or appellate authority-Lack of declaration in Form No. 10 regarding specific purpose for which funds were being accumulated by assessee-trust, would not be fatal to exemption claimed under section 11(2). [S. 11(2), 12A, 44AB, Form No 10, 10B]

DCIT v. State Institute of Health & Family Welfare. (2023) 202 ITD 480 (Jaipur)(Trib.)

S. 11 : Property held for charitable purposes-Hospital along with a Pharmacy store within its premises-Maintained separate books of account-Running of pharmacy store was ancillary to dominant object of assessee to run a hospital-Denial of exemption is not valid. [S.11(4A)]

DCIT v. Shri Kutchi Visa Oswal Jain Manav Seva Kendra. (2023) 202 ITD 259/ 225 TTJ 12 (UO) (Mum) (Trib.)