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. 36(1)(vii) :Bad debt-Provision for bad debts-Bad debts written Off-Bad debts written off relating to non-rural advances is not required to be adjusted against provision for bad and doubtful debts allowed under Section 36(1)(viia)-Excess provision matter remanded. [S.36(1)viia)]
City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)
S. 32 : Depreciation-A Non-Banking Finance Company-Investments-Different method of accounting-Securities as per Reserve Bank of India norms-Disallowance of depreciation is deleted-Automated teller machine-Akin To Computer and computer software-Depreciation allowable at 60 Per Cent. [S. 145]
City Union Bank Ltd. v.Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)
S. 28(i) : Business loss-Shortage and excess of stocks on physical verification of inventory-Ordinary loss in case of a manufacturer-Allowable as deduction. [S. 37(1)]
ACIT v. NRB Bearings Ltd. (2024)112 ITR 17 (SN)(Mum) (Trib)
S. 23 : Income from house property-Annual value-Higher rent and lower security deposit-Matter remanded to Assessing Officer to determine annual lettable value and after giving an opportunity to assessee. [S. 22]
ACIT v. NRB Bearings Ltd. (2024)112 ITR 17 (SN) (Mum.)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-Disallowance is to be restricted to exempt income earned and only investments which had actually earned dividend to be considered for disallowance. [R.8D(2)(iii)]
Crisil Ltd. v. Add. CIT (2024)112 ITR 56 (Mum)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Suo motu disallowance-Deletion of disallowance is justified.[R.D]
City Union Bank Ltd. v. Dy. CIT (2024)112 ITR 337 /229 TTJ 139 (Chennai)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Voluntary disallowance is exceeding actual exempt income-Disallowance is deleted. [R.8D]
Bhartiya International Ltd. v. Dy. CIT (2024)112 ITR 207/ 227 TTJ 897 (Delhi)(Trib)
S.14A : Disallowance of expenditure-Exempt income-Sufficient interest free funds-Disallowance is not justified.[R.8D]
Axis Bank Ltd. v. Asst. CIT (2024)112 ITR 28 (Ahd)(Trib)
S. 12A : Registration-Trust or institution-Running Educational Institution-Denial of registration-Making profits-Matter restored to Commissioner for consideration of assessee’s application for registration de novo on merits-Delay is condoned.[S. 80G, 254(1)]
Tapovan Education Trust v. CIT (2024)112 ITR 43 (SN)(Ahd)(Trib)
S. 12A : Registration-Trust or institution-Details by questionnaire communicated through Electronic mode on Department’s Portal-Merely uploading of information about date of hearing on Income-Tax Portal is not effective service of notice-Notice is not served-Matter restored to Commissioner (E) to decide afresh in accordance with law after giving reasonable opportunity of being heard to assessee.[S. 12A(1)(1)(ac)(iii), 12AB, 282(1), R. 127(1)]
Idream Social Edtech Foundation v. CIT (E) (2024)112 ITR 20(Chd)(Trib)