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. 45 : Capital gains-Long-term capital gains-Survey-Papers found in the premises of advocate-Satakat bearing name and details of assessee-No corroborative evidence to support material

Mukesh Agarwal v.ITO (2023)104 ITR 35 (SN)(Surat) (Trib)

S. 40(a)(i) : Amounts not deductible-Deduction at source-No disallowance can be made for short deduction of tax at source.

Dy. CIT v. PTC India Financial Services Ltd. (2023)104 ITR 1 (SN)(Delhi)(Trib)

S. 37(1) : Business expenditure-Self-generated bills and vouchers Not Verifiable-Material purchase expenses restricted to 50 Per Cent.-Other expenses directed to be allowed. [S.44AD]

Jyotikaben Ghanshyambhai Acharya v. ITO (2023)104 ITR 11 (SN.)(Ahd) (Trib)

S. 28(i) : Business loss-Foreign exchange rate fluctuation-Allowable as deduction.

Dy. CIT v. PTC India Financial Services Ltd. (2023) 104 ITR 1 (SN) (Delhi)(Trib)

S. 28(i) : Business income-Income from house property-Business expenditure-Renting of parking spaces, table spaces and games collection-Renting activity against which maintenance recovered from tenants to be considered under business and balance to be disallowed as pertaining to income from house property-Matter remanded. [S. 22, 24, 37(1)]

Marigold Premises P. Ltd. v. ITO (2023)104 ITR 24 (SN)(Pune)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Disallowance is to be restricted to exempt income. [R. 8D(2)(iii)]

Dy. CIT v. PTC India Financial Services Ltd. (2023)104 ITR 1 (SN)(Delhi)(Trib)

S. 11 : Property held for charitable purposes-Expenditure-Certain receipts taken by directly to balance-sheet held to be on revenue account, even though treated as balance-sheet item-Corresponding expenditure to be allowed in accordance with law-Matter remanded-Delay in filing of appeal is condoned.[S. 253]

Vadodara Urban Development Authority v. Dy. CIT (E) (2023)104 ITR 4 (SN.) (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Accumulation of income-Accumulated in wrong column-Bona fide mistake-Matter remanded for verification and to decide in accordance with law. [S.11(2) 11(3), 143(1)]

Shrimati Saraswati Manuja Education and Well Living Society v. ITO (2023)104 ITR 78 (SN.) (Delhi)(Trib)

S. 11 : Property held for charitable purposes-Audit report in Form No 10B was filed beyond prescribed date-Application for condonation of delay was not filed-Denial of exemption is not proper-Assessing Officer is bound to consider deduction of expenses debited in Income and expenditure account as allowable-Matter remanded to the Assessing Officer.[11(2), 12AA-119(2)(b), 139(1)]

Shri Jain Shwetamber Murtipujak Sangh v. ITO (E) (2023)104 ITR 58 (SN) (Raipur)(Trib)

S. 11 : Property held for charitable purposes-Not involved in any activities other than charitable-Entitle to exemption. [S.12(2(a) 12AA,143(1)]

Lions Club of Burdwan v. ADIT (2023) 104 ITR 75 (SN) (Kol)(Trib)