S. 80P : Co-operative societies-Belated return-Denial of deduction is not valid.[S. 139(1), 139 (4), 143(1)(a)(ii).]
Ambaradi Seva Sahkari Mandali Ltd. v. DCIT (Rajkot)(Trib)S. 80P : Co-operative societies-Belated return-Denial of deduction is not valid.[S. 139(1), 139 (4), 143(1)(a)(ii).]
Ambaradi Seva Sahkari Mandali Ltd. v. DCIT (Rajkot)(Trib)S. 80P : Co-operative societies-Delay in filing of return-Dedcution cannot be denied .[S. 80IA,139(1), 139(4),143(1)(a)(ii) 143(1)(a)(v),153A]
Lunidhar Seva Sahkari Mandali Ltd v. AO(CPC) (2023) 200 ITD 14 (Rajkot) (Trib))S. 80ID : Hotels and convention centers in specified area-Revenue Sharing Agreement-Business to be run by parties in Co-ordinate manner and receive respective shares of income-Agreement having clauses of inclusion and exclusion of some of the revenues contractually agreed between parties for sharing of income-Cannot be interpreted as letting of property-Assessee Submitting certifying that it had satisfied all conditions for claiming deduction under Section 80ID-No adverse comment in this regard made by Assessing Officer-Revenue accepting claim of assessee in earlier years-Finding of Commissioner (Appeals) that income shown assessable as income from business and an allowable deduction. [Form 10CCBBA]
ITO v. VGProperties P. Ltd. (2023) 152 taxmann.com 599/ 103 ITR 38/ 222 TTJ 33(UO) (Delhi)(Trib)S. 80IC: Special category States-Interest from fixed deposits in entities on account of power and electricity connection-Interest derived from eligible business and eligible for deduction-Interest received on insurance claim not derived from eligible business and not eligible for deduction. Condition precedent-Audit report in form 10CCB and tax audit report in form 3CB/3CD filed within prescribed due date but return claiming deduction filed belatedly-Assessee entitled to deduction.[S. 139(1) Form,10CCB]
Canadian Specialty Vinyls v. ITO (2023)104 ITR 76 (SN)(Delhi) (Trib)S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Department should take consistent stand in each assessment year.[S.80IA (4)]
ABCI Infrastructure P. Ltd. v. Asst. CIT 154 taxmann.com 397/ (2023)104 ITR 95 (Guwahati)(Trib)S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Failure to file Form No 10CCB along with the return-Directory and not mandatory. [Form No. 10CCB]
Marudhamalai Sri Dhandapani Spinning Mills v. DCIT (Chennai) (Trib)S. 80G: Donation-Donation to charitable institutions-Unaccounted income from deemed sales-Direct cost-total cost-held, AO to revise computation of estimated profit-AO to verify deduction under section 80G.
Sandhu Builders v. Asst. CIT (2023) 154 taxmann.com 361 /103 ITR 130(Mum)(Trib)S. 80G : Donation-Registration-selecting of wrong section code while filling the application for registration on provisional basis, not ground to deny permanent registration. Matter remanded back as CIT (A) duty-bound to cross-verify details submitted by assessee at time of issuance of provisional certificate, and issue notice pointing out wrong selection of section code and Grant permission to rectify mistake and consider application for grant of permanent registration. [S. 11, 80G (5)(iii)]
Telangana State Chapter Indian Radiological and Imaging Association v .ITO (E) (2023)105 ITR 13 (SN)(Hyd) (Trib)S. 80G: Donation-Spent more than 5 percent for religious purposes-Violation of section 80G(5B)-Commissioner is justified in denying the exemption .[S. 12AA, 80G(5B)]
Kalaram Sansthan v. CIT (E) (2023) 201 ITD 749(Pune)(Trib)S. 80G : Donation-Rejection of application-object of a general public utility-Section 2(15) allows trust to carry on trade, commerce, or business in the course of achieving the object of a general public utility provided the receipts do not exceed 20 percent of total receipts in the previous year-PCIT is directed to adjudicate matter as per the provisions of the Act .[S. 2(15), 11, 80G(5)]
Alnoor Charitable Educational Trust v. CIT (E) [2023] 202 ITD 375 (Amritsar) (Trib.)