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.80P: Co-operative societies -Interest – Surplus funds -Co -Operative banks and Schedule banks -Eligible deduction. [S.80P(2)(a)(i), 80P(2)(d)]
Kolhapur District Central Co-op Bank Kanista Sevakanchi Sahakar Pat Sanstha Ltd. v. ITO [2024] 205 ITD 6 (SMC) (Pune) (Trib)
S. 80IC: Special category States –Return filed within due date –Audit report -Form No.10CCBB is filed along with original return – Denial of exemption is not valid. [S.92E, 139(1), 143(1), Form No 3CEB, 10CCB]
Supreme Treon P. Ltd. v. Dy. CIT [2024] 109 ITR 1 (SN) /227 TTJ 553 (Mum)(Trib)
S.80GGA: Donation -Scientific Research -Rural development -At the time of making of donation the charitable trust was duly approved under section 35AC -Subsequent withdrawal -Denial of deduction is held to be not valid.[S.35AC(2), 80GGA(2) (bb), 147, 148]
Rabi Narayan Bastia v. DCIT [2024] 205 ITD 114 /227 TTJ 33(UO) (Mum) (Trib)
80G: Donation – Denial of final approval -Due to technical reason -Mentioning of wrong clause Rectifiable mistake. [S. 12A, 80G (5)(vi)]
Vivekananda Mission Asram v. CIT [2024] 109 ITR 22(SN) (Kol) (Trib)
S. 69B: Amounts of investments not fully disclosed in books of account – Stock not fully disclosed in books of account- Survey -Surrendered in the course of survey -Business income – Surrendered income could not be brought to tax under deeming provisions – Addition is deleted.[S.115BBE, 133A]
Montu Shallu Knitwears v. Dy. CIT [2024] 109 ITR 1 (Chd)(Trib)
S. 69B : Amounts of investments not fully disclosed in books of account–Statement in the course of survey -No evidentiary value -Addition is deleted [S.115BBE, 131, 133A]
DDK Spinning Mills v. Dy. CIT [2024] 109 ITR 619 (Chd)(Trib)
S. 69A : Unexplained moneys -Unexplained cash – Sale consideration as per sale agreement in his books of account- Addition is deleted.
Konathala Nooku Naidu v. ITO [2024] 160 taxmann.com 758 (Visakha) (Trib.)
S.69A: Unexplained money -Cash deposits -Demonetization period -Sales made to various parties -Produced copy of bills, sale/VAT return, stock register and VAT assessment order -Order of CIT(A) deleting the addition is affirmed. [S. 115BBE]
ITO v. J.K. Wood India (P.) Ltd. [2024] 205 ITD 10/ 109 ITR 47 (SN) (Delhi)(Trib)
S. 68:Cash credits – Proved identity creditworthiness and genuineness- Addition is deleted.[S. 148]
Poddar Realtors v. ITO [2024] 109 ITR 605 (Kol) (Trib)
S. 68 : Cash credits -Discharged the burden by filing confirmation and other details – The AO cannot deem creditors as bogus solely due to lack of response, & without presenting evidence to demonstrate that the payables were unnecessary to settle- Order of CIT(A) deleting the addition is confirmed. [S. 133(6)]
ACIT v. Real Impact P. Ltd. [2024] 109 ITR 29 (SN)(Delhi)(Trib)