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
Click here to download the pdf versions of the Digest of case laws
S. 80P : Co-operative societies-Tapping toddy from their farms-Sold through licensed shops-Not entitle to deduction. [S.80P(2)(a), 80P(2)(a)(iii), 80P(2)(a)(vi)]
Kasargod Tody Tappers & Shop Workers Co-Operative Society Ltd v. ITO (2023) 224 TTJ 891 (Cochin) (Trib)
S. 80P : Co-operative societies-Credit facilities to members-Interest on parking surplus funds in fixed deposits-Interest income is allowed as deduction. [ S. 80P(2)(a)(i)]
ITO v. The Kakateeya Mutually Aided Thrift & Credit Co-Operative Society Ltd (2023) 226 TTJ 333/ 157 taxmann.com 735 (Visakha) (Trib)
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Liquidated damages-Sale of scrap-Miscellaneous income-Sundry creditors written back-Eligible for deduction.
Gujarat Industries Power Co Ltd v. Dy.CIT(2023) 225 TTJ 333 (Ahd)(Trib)
S. 79 : Carry forward and set off losses-Change in share holdings-Companies which public are not substantial interested-Beneficially held more than 51 per cent of voting powers in both the years-The year in which the loss is incurred and the year in which the loss is sought to be set off-Share holding of one share holder is increased from 40 percent to 85 percent-Set off of brought forward losses is allowable.
Hiranandani Health Care (P) Ltd. v. CIT(A)(2023) 225 TTJ 397 /157 taxmann.com 551 (Mum)(Trib)
S. 69C : Unexplained expenditure-Survey-Loose papers-Cash expenses-Unexplained receipts and expenditure-Order of CIT(A) is affirmed. [ S. 133A]
Dy. CIT v. Rajnikant Prabhudas Mandavia (2023) 157 taxmann.com 316 / 226 TTJ 778 (Ahd)(Trib.)
S. 69A : Unexplained money-Sale of land-Share holders-Unaccounted cash-Addition is deleted.
Dy.CIT v. Shailesh Jivalal Jogani (2023) 225 TTJ 712 (Mum)(Trib)
S. 69 : Unexplained investments-Income from undisclosed sources-Gift-Father and mother-Affidavits-Accepted as genuine-Gift from grand mother-Failure to produce evidence-Addition is affirmed. [ S.68]
Hemant Pandya v. ITO(2023) 224 TTJ 610 (Indore)(Trib)
S. 69 : Unexplained investments-Genuineness of purchases-Parties have not filed the return-No confirmation from the books of account of those parties-Addition is affirmed.
ACIT v. Meerut Roller Flour Mills (P) Ltd (2023) 225 TTJ 75 (UO)/ 157 taxmann.com 463 (Delhi)(Trib)
S. 69 : Unexplained investments-Cash deposits-Sale of unbranded electric items-Profit is estimated at 10% on alleged unaccounted business.
Harish Kumar Chhabada v. Dy. CIT (2023) 225 TTJ 26 (UO) (Raipur)(Trib)
S. 69 : Unexplained investments-Unrecorded sales-Only gross profit is estimated-Cash deposited in banks-When profit is estimated further addition is deleted-Reassessment is held to be valid. [ S. 147, 148]
ITO v. Rutuja Ispat (P) Ltd (2023) 225 TTJ 1000 (Pune)(Trib)