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.10(35): Units of mutual fund – Dividend Mutual Funds – Dividend income earned cannot be subject to tax .[S. 115BBDA, 154 ]

Rajalben Hirenbhai Patel v. DCIT (2023) 108 ITR 67 (SN/ [2024]204 ITD 674(SMC) (Ahd ) ( Trib)

S. 10 (23C): Educational institution – Statement in the course of survey – Certain expenses not properly vouched – Principal Commissioner cancelled registration by invoking clause (b)(ii) of 15th proviso to section 10(23C) –Edifice erected on statement of trustee – No case within any of ‘specified violation’ – Cancellation order revoked.[S.10(23C(vi) , 131, 133A ]

St.. Xavier’s Education Trust v. PCIT [2023] 202 ITD 696 / [2024] 109 ITR 501 [Pune] ( Trib)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Deduction of the amount deposited on account of employees’ contribution to PF and ESIC after due dates specified in PF /ESIC Acts, but before the due date filing of return as prescribed in Section 139(1) of the Act- Tribunal allowed the deduction relying on the judgement of Jurisdictional – Rectification application of the Revenue is dismissed . [ S.36(1)(va), 43B , 139(1), 254(1) ]

Dy.CIT v. ANI Integrated Services Ltd. [2024] 162 taxmann.com 889 /207 ITD 91 (Mum)( Trib) www.itatonline .org

S. 11 : Property held for charitable purposes – Dividend received on the shares which were received as donation towards corpus fund – Treated as part of corpus fund – Cannot be treated as income from other sources – Entitle to exemption. [ S. 11(1)(d),11(5), 13(1)(d)]

ITO v. Bhavitha Foundation (Mum)( Trib) .www.itatonline .org .

S. 68 : Cash credits – Sale of shares – Penny stock – Denial of exemption is not justified – Addition as cash credits is deleted – Estimated commission- Addition is deleted [ S. 10(38), 45, 69C ]

Shaily Prince Goyal v. ITO ( Mum)( Trib) www.itatonline .org .

S. 271B :Penalty-Failure to get accounts audited-No penalty to be levied when Assessee has voluntarily filed audit report though belatedly and the delay in obtaining tax audit report is on account of bona fide reasons [S.274]

Manju Saran v. ITO (2023) 102 ITR 64 (Jaipur.) (Trib.)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Issued notice under wrong section-Non-striking off of the irrelevant limb-Levy of penalty is bad in law.[S.153A, 271(1)(c)]

Dellip Vijaykumar Kotecha v. DCIT. (2023) 102 ITR 671 (Pune)(Trib)

S. 271(1)(c): Penalty-Concealment-Notice-AO had not struck off the inapplicable portion as to whether the levy of penalty was for concealment of income or for furnishing of inaccurate particulars of income-Penalty is not valid.[S.274]

Sonpal Singh Pal Singh Saini v. ITO (2023) 102 ITR 32 (SN) (Mum.)(Trib)

S. 271(1)(c): Penalty-Concealment-The assessee has neither concealed the particulars of the income nor furnished such facts which lead to the furnishing of inaccurate particulars.

Ranjanben G. Kasodaria v. Dy. CIT (2023) 102 ITR 718 (Surat)(Trib.)

S.263: Commissioner-Revision of orders prejudicial to revenue-Not for corrections, errors & mistake-No order in existence.[S.271(1)(c), 271AAB(IA)]

Harish Jain v. PCIT [2023] 221 TTJ 276 (Jaippur) (Trib)