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. 35 : Expenditure on scientific research-Weighted Deduction-Allowable deduction. [S.35(2AB(1)]

Hawkins Cookers Ltd. v. ACIT (2023) 102 ITR 395/151 taxmann.com 57 (Mum)(Trib)

S. 24 : Income from house property-Deductions-Interest expenses to the extent incurred towards the acquisition of property to be allowed u/s. 24(a)-Interest expenses not incurred in relation to business is not allowed under section 36(1)(iii).[S.24(a), 36(1)(iii)]

Oceanic Vehicles Pvt. Ltd. v. DCIT (2023) 102 ITR 70(Ahd)(Trib.)

S. 22 : Income from house property-Business income-Receipts under leave and licence agreement taxable as income from house property-Income from consultancy treated as business income. [S.28(i)]

RVM Education (P.) Ltd. v. ACIT (2023)102 ITR 31 (SN)(Delhi) (Trib)

S.14A : Disallowance of expenditure-Exempt income-Own funds more than investments-No disallowance of interest could be made-Recording of satisfaction by AO that assessee’s claim was incorrect is mandatory-Insertion of non-obstante clause perspective.[R 8D(2)(iii)]

TIL LTD. v. Dy. CIT (2023) 102 ITR 148 (Kol)(Trib.)

S. 12AA : Procedure for registration –Trust or institution-Ex parte order-Rejection of registration-Order is set aside and assessment to be made afresh. Consequent Upon Reconsideration Of Application For Registration-Penalty order is also set aside.[S.270A]

CVMV Reddy’s Educational and Public Charitable Trust v. ACIT (E) (2023)102 ITR 7 (SN)(Chennai) (Trib)

S. 12A : Registration –Trust or institution-Deemed Registration us 12A due to non-disposal by the Revenue-Matter remanded. [S.11]

Visvesvaraya Technological University v. CIT (E) (2023) 153 taxmann.com 28 / 221 TTJ 439/ 223 DTR 73 (Bang)(Trib)

S. 11 : Property held for charitable purpose-Anonymous donations-The donations given by the donors whose addresses were not furnished to Assessing Officer, would fall within the ambit of section 115BBC and the donations given by donors whose addresses were duly furnished to the Assessing Officer, would be eligible for exemption under section 11(1)(d).[S. 2(24)(iia),11(1)(d), 115BBC,131, 133(6)]

Agrawal Sabha v. ITO (E) (2023) 221 TTJ 104 (Pune) (Trib)

S. 11 : Property held for charitable purposes-Exemption not claimed as ITR-5 was filed instead of ITR-7-Partnership firm-Order of adjustment is justified. [S. 143(1),154 184]

Lions Nab Community Eyecare Centre v. DCIT (2023) 221 TTJ 1023 / 150 taxmann.com 115(Pune)(Trib)

S. 11 : Property held for charitable purpose-Registration-Corpus Donations-Registration condition precedent for exemption in respect of corpus donations-Cash credits-Genuineness of loan is doubtful-Addition is proper-Business expenditure-Each item of expense considered and disallowance restricted to expenses not verifiable-No Justification for further reducing disallowance. [S.12AA, 68]

Shri Ram Education and Graminvikas Charitable Trust v. ITO (E) (2023)102 ITR 17 (SN.) (Surat) (Trib)

S. 10(23C) : Educational Institution-Rejection of application seeking approval u/s 10(23C)(vi) of the Act by the CIT (Exemption) merely stating that the Trust did not exist solely for educational purpose-Entitle to approval. [S.10(23C)(vi)]

Star Education Trust v. CIT (E) (2023) 102 ITR 15 (SN) (Surat) (Trib)