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. 143(3): Assessment-Corrigendum to assessment order-Held to be valid-CIT(A) is directed to decide on merits.

ITO v. Rajkumari (Ms.) (2024) 232 TTJ 1038 / 38 NYPTTJ 1388 (Chenai) (Trib)

S. 143(3) : Assessment-Copy of statement of foreign bank account is provided-Remand report is obtained-No violation of principle of natural justice-Order of CIT(A) is affirmed.

Manjulaben Bipinbhai Patel L/H of Late Bipinbhai P. Patel. v. Dy.CIT (2024) 232 TTJ 1 / 243 DTR 57 / 38 NYPTTJ 1158 (Ahd)(Trib)

S. 143(1) : Assessment-Intimation-Credit for tax deducted at source-Kachha Artiya-Mismatch in turnover stated in Form No. 26AS and gross total income (commission income) disclosed in the return-CPC has no right to reduce the credit of TDS on the ground that the assessee has not offered the entire income in her return as per Form No. 26AS-the AO is directed to grant full credit of the TDS.[S.143(1)(a)(v), 194Q, 26AS]

Manju Mithal v. CIT (A) (2024) 232 TTJ 804 / 243 DTR 145 / 38 NYPTTJ 1208 (Jodhpur)(Trib)

S. 115JB : Company-Book profit-Electricity generating company-Provisions of s. 115JB, as they stood before the amendment by the Finance Act, 2012, do not apply to companies which are engaged in the generation of electricity and governed by the Electricity (Supply) Act, 1948.

Gujarat State Electricity Corporation Ltd. v. Dy.CIT (2024) 232 TTJ 41 (UO) (Ahd) (Trib)

S. 80IB: Industrial undertakings-Income from sale of scraps and by-products-Directed to allow the deduction. [S.80IC]

Hindustan Unilever Ltd. v. Dy.CIT (2024) 232 TTJ 861 / 38 NYPTTJ 1420 (Mum)(Trib)

S. 80G : Donation-Provisional registration-Valid till 2024-25-application under s. 80G(5) in the prescribed form on 26th Sept., 2023-Application filed under S. 80G(5) in the prescribed form on 26th Sept., 2023 is valid application-CIT(E) is directed to treat the application as filed within statutory time.[S.80G(5)]

Chopade Charitable Trust v. CIT (E) (2024) 232 TTJ 57 (UO)(Pune) (Trib)

S.69C: Unexplained expenditure-Alleged bogus purchases-Income from undisclosed sources-No justification in making addition at the rate of 12.5 percent.

Prime Steel Industries (P) Ltd. v. Dy.CIT (2024) 232 TTJ 1026/ 38 NYPTTJ 1201 (Chd)(Trib)

S. 69A : Unexplained money-Cash deposits in bank account maintained with a co-operative credit society-Collection agent of the pigmy depositors-Matter remanded to the AO for verification. [S.194H, Form No 26AS]

Sarika Vitthal Gund v. ITO (2024) 232 TTJ 465 / 243 DTR 401 / 38 NYPTTJ 1416 (Pune)(Trib)

S. 69 :Unexplained investments-Survey-Unrecorded advances-Cash in hand recorded in the books of account exceed the amount of cash found-Addition is deleted. [S. 133A]

City Petroleums v. ACIT (2024) 232 TTJ 133 (UO) (Chd) (Trib)

S. 69 :Unexplained investments-Income from undisclosed sources-Alleged bogus purchases-Sales accepted-Input VAT credit and TCS credit-Addition is deleted.[S.68, 69C]

Vimal Coal (P) Ltd. v. Dy.CIT (2024) 232 TTJ 162 / 242 DTR 249 / 38 NYPTTJ 1104 (Ahd)(Trib)