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. 80G : Donation-Provisional registration-Valid till 2024-25-application under s. 80G(5) in the prescribed form on 26th Sept., 2023-Application filed under S. 80G(5) in the prescribed form on 26th Sept., 2023 is valid application-CIT(E) is directed to treat the application as filed within statutory time.[S.80G(5)]
Chopade Charitable Trust v. CIT (E) (2024) 232 TTJ 57 (UO)(Pune) (Trib)
S.69C: Unexplained expenditure-Alleged bogus purchases-Income from undisclosed sources-No justification in making addition at the rate of 12.5 percent.
Prime Steel Industries (P) Ltd. v. Dy.CIT (2024) 232 TTJ 1026/ 38 NYPTTJ 1201 (Chd)(Trib)
S. 69A : Unexplained money-Cash deposits in bank account maintained with a co-operative credit society-Collection agent of the pigmy depositors-Matter remanded to the AO for verification. [S.194H, Form No 26AS]
Sarika Vitthal Gund v. ITO (2024) 232 TTJ 465 / 243 DTR 401 / 38 NYPTTJ 1416 (Pune)(Trib)
S. 69 :Unexplained investments-Survey-Unrecorded advances-Cash in hand recorded in the books of account exceed the amount of cash found-Addition is deleted. [S. 133A]
City Petroleums v. ACIT (2024) 232 TTJ 133 (UO) (Chd) (Trib)
S. 69 :Unexplained investments-Income from undisclosed sources-Alleged bogus purchases-Sales accepted-Input VAT credit and TCS credit-Addition is deleted.[S.68, 69C]
Vimal Coal (P) Ltd. v. Dy.CIT (2024) 232 TTJ 162 / 242 DTR 249 / 38 NYPTTJ 1104 (Ahd)(Trib)
S. 69 :Unexplained investments-Income from undisclosed sources-Cash deposits in bank-Demonetization-Sales accepted-Books of account is not rejected-Addition is deleted. [S. 68, 115BBE]
Tamilnadu State Marketing Corporation Ltd. v. ACIT (2024) 232 TTJ 233 / 38 NYPTTJ 1282 (Chennai)(Trib)
S. 69 :Unexplained investments-Un explained money-No excess stock-Survey-Merely on the basis of statement no addition can be made.[S.69A, 133A]
Saru Enterprises (P) Ltd. v. ACIT (2024) 232 TTJ 441 / 244 DTR 11 / 38 NYPTTJ 1325 (Chd)(Trib)
S. 56 : Income from other sources-Stamp value-Purchase of property jointly with eight persons-Less than stamp duty value-Addition cannot be made under section 69 of the Act-Provisions in Finance Act, 2013 has clarified that this amendment was not clarificatory in nature-It is categorically mentioned that this amendment was effective from 1st April, 2014 onwards and applicable to Assessment year 2014-15.[56(2)(vii)(b)]
Pooja Dipen Joshi v. ITO (2024) 232 TTJ 34 (UO) (Ahd) (Trib) Ashokkumar C.Joshi v. ITO (2024) 232 TTJ 34 (UO) (Ahd) (Trib)
S. 54B : Capital gains-Land used for agricultural purposes-Sufficient if in the two years, the land is used for agricultural purposes-Invested in capital gains scheme-Entitle to exemption. [S. 45]
Arun Agarwal v. ITO (2024) 232 TTJ 422 / 243 DTR 257 / 38 NYPTTJ 1207 (Jodhpur)(Trib)
S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade-Investment-Contribution of land to developer for construction of commercial complex in place of cinema hall-CIT(A) was justified in holding that invocation of S. 45(2) by the AO was not sustainable. [S. 45]
Dy.CIT v. Man Prakash Talkies (P) Ltd (2024) 232 TTJ 673 / 38 NYPTTJ 1272 (Jaipur)(Trib)