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. 80IA : Industrial undertakings-Qua undertaking and not Qua assessee-Enterprises engaged in infrastructure development-Entire undertaking which developed the industrial park has been transferred-Transfer of undertaking-of Transferee is entitled to deduction-Circular No 799 dt 14-9-1999-Interest on fixed deposits-Not eligible deduction u/s 80IA-Assessable as income from other sources-Interest expenditure for earning of interest is allowable as deduction. [S.56 57(iii), 80IA(4)(iii), 80IA(12) ]

Dy.CIT v. Olympia Tech Park (Chennai) (P) Ltd (2024) 227 TTJ 844 234 DTR 169 / 38 NYPTTJ 27 (Chennai) (Trib)

S. 80G : Donation-Provisional registration-Time for filing application for regular registration-Words “or within six months of commencement of its activities, whichever is earlier”-The provisional approval is effective up to assessment year 2025-26-Directed to treat the application as filed within statutory and allow approval as per the law. [S.80G(5)]

T.B. Lulla Charitable Foundation v.CIT (E) (2024) 227 TTJ 858 / 236 DTR 61 / 162 taxmann.com 75 38 NYPTTJ 48 (Pune) (Trib)

S. 69C: Unexplained expenditure-Bogus purchases-Disallowance is restricted to 10 percent of alleged bogus purchases-Reassessment is valid-Sanction-Sanction granted by Principal CIT is valid.[S. 147, 148, 151]

Leelaben Kantilal Parekh v. ITO (2023) 37 NYPTTJ 1724 / (2024) 227 TTJ 257 (SMC) (Mum)(Trib)

S. 69 :Unexplained investments Undisclosed sources-Survey-Stock-Additional income surrendered during survey-Income surrendered during the course of survey cannot be brought to tax under the deeming provisions of S 69 and 69A of the Act-Assessable as business income-Provision of section 115BBE cannot be applied. [S. 28(i), 69A, 115BBE, 133A]

Pramod Singla v. ACIT (2023) 37 NYPTTJ 1107 / (2024) 227 TTJ 438 (Chd) (Trib)

S. 69A : Unexplained money-Deposits-Bank account-Non-Resident-Demonetisation-Amount received on cancellation of reservation of hotel booking-Addition is deleted.

Hersh Washesher Chadha v. ACIT (IT) (2023) 37 NYPTTJ 1643 /(2024) 227 TTJ 137 / 233 DTR 121 (Delhi)(Trib)

S. 69 :Unexplained investments-Cash deposits-Investment in company is not explained-Investment is property-Not substantiated-Addition is affirmed-Sale of shares-Less than fair market value-Income from other sources-Difference in market value is taxed-Deduction is allowed to the extent addition confirmed of unexplained bank deposits. [S. 45, 56(2)(vii)(c)]

K.P. Johny v.ACIT (2023) 157 taxmann.com 31 /37 NYPTTJ 1636 (2024) 227 TTJ 305 / 235 DTR 85 (Cochin)(Trib)

S. 68 : Cash credits-Share application-Substantial creditworthiness-Mere non-appearance of directors addition is not justified.

ITO v. Rajshree Integrated Cold Chain (P) Ltd. (2024) 227 TTJ 513 / 38 NYPTTJ 20 (Kol)(Trib)

S. 68 : Cash credits-Capital gains-Penny stock-Information from Investigation Wing-Purchase of shares of LLDP Ltd at Rs. 6 per share-Sold at Rs 283 per share after 19 months-Non genuine-Exemption denied-Assessed as income from undisclosed source. [S. 10(38) 45, 69]

Anirudh Venkata Ragi v.ITO [2023] 156 taxmann.com 608 /(2024) 227 TTJ 333 / 233 DTR 201 (Hyd)(Trib)

S. 56 : Income from other sources-Shares at premium-DCF method-Assessing Officer cannot choose the method of his choice-Addition is deleted. [S.56(2)(viib), R.11UA]

Idana Pet Industries (P) Ltd. v. ITO (2023) 37 NYPTTJ 1672 / (2024) 227 TTJ 887 / 234 DTR 73 (Jodhpur)(Trib)

S. 54F : Capital gains-Investment in a residential house-Investment in non-residential property-Mosque, Orphanage School and Staff quarters-Not entitle to deduction-No pro rata deduction is permissible.[S. 45]

ACIT v. Iqbal Ali Khan (2024) 227 TTJ 730 / 239 DTR 233 / 38 NYPTTJ 50/ 158 taxmann.com 377 (Hyd) (Trib)