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-Service rendered in each projects sites did not exceed threshold limit of 183 days-No profits out of sale equipments as well as installation and commissioning services can be taxed in India-DTAA-India-Singapore [Art. 5(3), 5(4)]
Planetcast International Pte. Ltd. v. ACIT (IT) (2023) 152 taxmann.com 422 / 37 NYPTTJ 1029 / (2024) 229 TTJ 640 (Delhi) (Trib)
S. 90 :Double taxation relief-Credit for tax paid abroad-Directory-Form No. 67 was filed and uploaded on portal on 18th Oct., 2021 on two months prior to intimation-Matter remanded to the CIT(A) to give credit to the USA income of the assessee and FTC as claimed after due verification.[S. 91, 13991), 143(1), Form No 67. R. 128(9)]
Ashish Sood v. DCIT (2024) 229 TTJ 693 / 237 DTR 247 / 38 NYPTTJ 512 (Chd)(Trib)
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Adjustment of loss of other units-Separate books of account-Adjustment of loss of other units are not justified. [S.80IA(5),Form No. 10CCB]
JCIT v. Sonu Handicrafts (2024) 229 TTJ 52 (UO) (Jodhpur)(Trib)
S. 80GGC : Contribution-Any person-Political parties-Rashtriya Komi Ekta party-Unrecognised political party-No certificate is furnished in the form of verification of list of documents, etc-Genuineness of the donation is not proved-Not allowable as deduction. [S. 133(6 )]
Jayeshkumar Gopalbhai Akbari v. DCIT (2024) 229 TTJ 449 / 237 DTR 113 / 38 NYPTTJ 399/ 162 taxmann.com 395 (Surat)(Trib)
S. 80G : Donation-Inability of file fresh application owing to technical glitches in the portal-Assessee is entitled to file fresh application under cl. (iii) of first proviso to sub-s. (5) of s. 80G before the CIT(E), in view of Circular No. 7 of 2024, dt. 25th April, 2024 even manually, in case technical glitches continues to disallow filing thereof-CIT(E) is directed to dispose of the application in accordance with law.[S.80G(5), Form No 10AC]
Vision Sansthan v. ITO (2024) 229 TTJ 816 / 238 DTR 25 / 38 NYPTTJ 605 / 162 taxmann.com 359 (Jaipur)(Trib)
S. 69A : Unexplained money-Income from undisclosed sources-Cash deposits in banks-Demonetization-Sale of goods-Deposited by customers-Addition is deleted. [s. 133(6)]
Ramesh v. ITO (2024) 229 TTJ 746 / 238 DTR 57 / 38 NYPTTJ 547 (Jodhpur) (Trib)
S. 69A : Unexplained money-Disclosure of unexplained jewellery in the course of search-Income offered in the return of income-Assessing officer is justified in assessing the income as income from undisclosed sources and assessing the income at per section 115BBE of the Act.[S.155BE, 132]
Kolaparthy Suvarna Lakshmi v. DCIT (2024) 229 TTJ 320 / 237 DTR 286 / 38 NYPTTJ 400 (Hyd)(Trib)
S. 69 : Unexplained investments-Cash deposit-Bank-Demonetization period-Sales-Addition is deleted.
G.T.S. Exports (P) Ltd. v. ACIT (2024) 229 TTJ 70 (UO) (Delhi)(Trib)
S. 68 : Cash credits-Long term capital gains-Allegation by SEBI-Price manipulation-Contract note of shares, demat details, details of bonus shares, etc were filed-Denial of exemption is not justified.[S. 10(38), 45]
Sanjaykumar Damjibhai Gangani v. ACIT (2024) 229 TTJ 97 (UO)/ 161 taxmann.com 606 (Surat) (Trib)
S. 68 : Cash credits-Cash deposits in bank account-demonetization period-Sales not doubted-Books of account not rejected-Addition is sustained only of 10 per cent of cash deposit to avoid the possibility of revenue leakage-Liable to be assessed as normal rate and not enhance rate as per S.115BBE of the Act. [S.115BBE]
Kediam Gem (P) Ltd. v.ITO (2024) 229 TTJ 344 / 236 DTR 369 / 38 NYPTTJ 397 / 164 taxmann.com 736 ((Surat) (Trib)