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. 68 : Cash credits-Sundry credits and unsecured Loans-Responding to notice under Section 133(6) and confirming transactions through banks in their statements under Section 131-Order of Tribunal is affirmed-No substantial question of law. [S. 131, 133(6), 260A]

PCIT v. Topline Buildtech Pvt. Ltd. (2024) 467 ITR 270/300 Taxman 54 (Delhi)(HC)

S. 68 : Cash credits-Long-term capital gains-Penny stock-Sunrise Asian Ltd-Exemption-Information from Investigation Wing-Presumptions is not corroborated by evidence-Order of Tribunal deleting the addition is affirmed.[S. 10(38), 45, 115BBE, 133(6), 260A]

PCIT v. Divyaben Prafulchandra Parmar (2024) 467 ITR 146 (Guj)(HC)

S. 37(1) : Business expenditure-Bogus expenses-Construction business-Payments made to Sub-contractors-TDS is deducted-Order of Tribunal confirming the disallowance is affirmed-No substantial question of law. [S.260A]

Ramesh Harbibhau Gawli v. ITO (2024)467 ITR 9 (Bom)(HC) Editorial : SLP of Revenue is dismissed, Ramesh Harbibhau Gawli v. ITO (2024)467 ITR 161 (SC)

S. 37(1) : Business expenditure-Provision for contingent liabilities-Order of Tribunal is affirmed-No substantial question of law.[S. 260A]

PCIT v.Century Real Estate Holdings Pvt. Ltd. (2024)467 ITR 13 /167 taxmann.com 220 (Karn)(HC) Editorial : Delay of 289 days in filing the SLP is not condoned, SLP is dismissed, PCIT v. Century Real Estate Holdings Pvt. Ltd. (2024)467 ITR 16 (SC)

S. 37(1) : Business expenditure-Bogus expenses-Construction business-Payments made to Sub-contractors-TDS is deducted-Order of Tribunal confirming the disallowance is affirmed-No substantial question of law-SLP of assessee is rejected. [Art. 136]

Ramesh Harbibhau Gawli v. ITO (2024) 467 ITR 161 (SC) Editorial : Ramesh Harbibhau Gawli v. ITO (2024)467 ITR 9 (Bom)(HC)

S. 37(1) : Business expenditure-Provision for contingent liabilities-High Court affirmed the order of Tribunal-SLP of Revenue is dismissed for failure to condone delay of 289 days. [Art. 136]

PCIT v.Century Real Estate Holdings Pvt. Ltd. (2024)467 ITR 16 (SC) Editorial : PCIT v.Century Real Estate Holdings Pvt. Ltd. (2024)467 ITR 13 /167 taxmann.com 220 (Karn)(HC)

S. 32 : Depreciation-Revaluation-Actual cost-Taken over assets and liabilities of the firm-Actual cost of assets will be actual cost which assessee paid to predecessor after revaluing assets-Entitled to claim depreciation for subsequent years on basis of actual cost paid-SLP of Revenue is dismissed. [S. 43(1), Proviso, R. 5, Art. 136]

PCIT v. Dharmanandan Diamonds Pvt. Ltd. (2024)467 ITR 31/ 64 300 Taxman 95 (SC) Editorial : PCIT v. Dharmanandan Diamonds (P.) Ltd. (2023) 294 Taxman 29/(2024)467 ITR 26 (Bom.)(HC)

S.28(i):Business income-Capital or Revenue-Capital asset-Relinquishment in settlement agreement-Receipt on Arbitral Award-Difference between lease and licence-Trading and service agreement-No rights conferred except running hotel-Termination of agreement as result of settlement or compromise of all claims, counter-claims and disputes-Receipt on Arbitral Award on termination of agreement-Revenue receipt and not capital receipt.[S.2(14), 4, 45, 260A,Indian Easement Act, 1882 S. 52]

PCIT v. ITC LTD. (2024)467 ITR 465 (Cal)(HC)

S. 11 : Property held for charitable purposes-Corpus fund-Corpus Donations-Securing admission-Tribunal is not justified in holding ineligible for exemption on corpus Fund.[S.11(1)(a), S. 11, Property held for charitable purposes.[S. 11(1)(d), 260A]

N. H. Kapadia Education Trust v. Asst. CIT(E) (2024) 467 ITR 278 (Guj)(HC)

S. 11 : Property held for charitable purposes-Denial of exemption When the registration is granted by the CIT(E), further probe by Assessing Officer into objects of Trust based on such objects is not permissible-Activities of to identify, enrol, allot work, regulate operation of private workers from time of inception-Activities for advancement of general public utility-Surplus earned retained for carrying out activity-Cannot be treated as business activity-Exemption cannot be denied-Advances to Trustees-Interest recognised on accrual basis-Loans covered by adequate security and interest-Cannot be treated as investments in violation of S.11(5) 11(3) of the Act-No violation of Section 13(1)(c). 13(2) of the Act. Accumulation of funds-Form 10 filed for Assessment Year 1999-2000 showing purpose of accumulation-Purpose of accumulation is not general in nature-Activities carried on in accordance with approved charitable objects for which assessee was formed and registered-No violation of Section 11(2) [S. 11(2) 11(4A), 11(5), 12A, 13(1)(c), 13(2)]

CIT v. Cargo Handling Private Workers Pool (2024)467 ITR 32 (AP)(HC) Editorial : Delay of 496 in filing the SLP is not condoned, SLP is dismissed. Asst. CIT v. Cargo Handling Private Workers Pool (2024)467 ITR 32/ 300 Taxman 450 (SC)