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. 80P : Co-operative societies-Interest-co-operative bank-Eligible for deduction. [S.80P(2)(a)(i), 80P(2)(d)]

Shree Parashar Vividh Kary Kari Sahakari Vikas Sanstha Maryadit. v. ITO (2024) 206 ITD 663 (Pune)(Trib.)

S. 80P : Co-operative societies-Interest income-Co-Operative Bank-Eligible for deduction-Commission income on collection of MSEDCL bills which was from business activity-Eligible for deduction under section 80P(2)(a)(i) [S. 80P(2)(a)(i), 80P(2)(d)]

Anand Urban Co-operative Credit Society Ltd. v. ITO (2024) 206 ITD 36 (Pune) (Trib.)

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Developer-Contractor-Developing road, bridges etc-Matter is restored back to Commissioner (Appeals) for fresh adjudication. [S.80IA(4)]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S. 80G : Donation-Form 10AB for grant of final registration under section 80G(5) on 4-2-2023 i.e. within extended timeline provided by CBDT Circular No. 6/2023 dated 24-5-2023 with respect to final registration of Trust under section 12A in Form 10AB i.e. 30-9-2023-Matter is remanded to file of Commissioner (E) for re-deciding issue of grant of final registration under section 80G(5), on merits, as per law.[S.80G(5), Form No 10AB]

Adani Education Foundation v. CIT (2024) 206 ITD 674 (Ahd) (Trib.)

S. 80G : Donation-Time line for filing Form no 10A for recognisation under section 12A is extended up to 30-9-2023-10AB for renewal of approval/recognition/registration under clause (iii) of first proviso to section 80G also. [S. 12A,80G(5), Form No 10A, 10AB]

CIT-1982 Charitable Trust. v. ITO (2024) 112 ITR 546 / 206 ITD 543 (Chennai)(Trib.)

S. 80G : Donation-Delay in filing application-Bona fide belief-Delay of 178 days-Delay is condoned-Matter is remanded to pass the order in accordance with law. [S.80G(5)]

N J Charitable Foundation v. CIT (2024) 206 ITD 486 (Surat) (Trib.)

S. 80G : Donation-Provisional approval-Application for approval cannot be rejected on ground that institution has already commenced its activities even prior to grant of provisional registration-The application filed by assessee being within limitation period, order of Commissioner (E) is set aside-CIT(E) is directed to decide the application for final registration within three months of receipt copy of order. [S. 12AA, 80G(5)(iii), 80G(5)(iv)]

Pranab Micro Services Federation. v. CIT (2024) 206 ITD 337 (Kol) (Trib.)

S. 80G : Donation-Provisional approval under clause (iv) to first proviso to section 80G(5)-Application for final approval under clause (iii) to first proviso to section 80G(5) could not be rejected on ground that institution had already commenced its activities even prior to grant of provisional registration. [S.80G(5), Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

Tomorrow’s Foundation. v. CIT (2024) 206 ITD 161/228 TTJ 880 (Kol) (Trib.)

S. 80G : Donation-Delay in filing the application-Tribunal has the power to condone the delay-Delay is condoned-Matter is remitted to CIT( E) to decide application afresh on merits.[Form No 10AB, 80G(5), 254(1)]

Swachh Vapi Mission Trust. v. CIT (2024) 206 ITD 187 (Surat)(Trib.)

S. 80G : Donation-Provisional approval-Date of application-Final approval cannot be rejected on the ground that institution had already commenced its activities even prior to grant of provisional registration.[S.80G(5) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020]

Anudip Foundation for Social Welfare. v. CIT(E) (2024) 206 ITD 115 (Kol.)(Trib.)