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-Bona fide error-Selecting sub-clause (iv) instead of sub-clause (ii)-Matter was remanded to the CIT(E) to grant approval. [S.10(23C), 11, 12, 80G(5)(iv)(B), Form 10AB]

Senior Citizen Council Gandhinagar. v. DCIT (2025) 213 ITD 16 (Ahd) (Trib.)

S. 80G: Donation-Non-compliance on notices-Failure to give sufficient opportunity-Matter remanded to CIT (E). [S.11, 12A, 80G(5)]

Sai Seva Sansthan. v. CIT (2025) 213 ITD 12 (Lucknow) (Trib.)

S. 80G: Donation-Medical relief-Medical facilities-Lab testing facility-Charitable activity-Eligible for approval.[S. 2(15), 11, 80G(5)]

Matha Medical Centre Trust. v. CIT (E) (2025] 213 ITD 76 /237 TTJ 613 (Chennai) (Trib.)

S. 80G: Donation-Error in filing of Form 10AB-Matter remanded back for de novo consideration [S 11, 12, 80G(5)(iv)(B)]

Aatman Foundation. v. CIT (E) (2025) 213 ITD 8 (Ahd.)(Trib.)

S. 72: Carry forward and set-off of business losses-Depreciable assets-Business loss short-term capital gains-Disallowance of set-off by CPC was affirmed-Matter remanded to the file of Assessing Officer to consider the Judgment in PCIT v. Alcon Developers (2020) 432 ITR 277 (Bom)(HC).[S. 50, 143(1)]

Pradeep Kisanlal Boob. v. ACIT (2025) 213 ITD 285 (Pune) (Trib.)

S. 69A: Unexplained money-Search-Gold jewellery-Found 1810 grams-CBDT Circular No.1916/1994, dated 11-05-1994-Exemption was allowed to the extent of 1700 grams as per the circular of CBDT-Addition was to be made towards the value of jewellery to the extent of 110 grams. [S. 132]

Kiran Kumr Reddy. v. DCIT (2025) 213 ITD 490 (Hyd) (Trib.)

S. 68: Cash credits-Immovable property-Transaction was reflected in both TDS return and Sub-Registrar’s report-Failure to respond to notices-Assessing Officer made additions on both, treating them as separate transactions-Matter was to be remanded for fresh examination.[S. 144, 194IA]

Om Prakash Girgaonkar. v. ITO (2025) 213 ITD 675 (Bang) (Trib.)

S. 68 : Cash credits-Search-documents seized-Share application money along with its premium was bogus-Addition was justified. [S. 132]

Creative Capital Services (P.) Ltd. v. DCIT (2025) 213 ITD 645 (Chd) (Trib.)

S. 68 : Cash credits-Cash deposit-Demonetization-Cash sales-No discrepancy in the books of account-Additions deleted.

Ayesha Steels (P.) Ltd. v. ITO (2025) 213 ITD 495 (Delhi) (Trib.)

S. 68 : Cash credits-Cash deposit-Demonetization-Cash sales-Failure to comply notice under section 133(6)-Lump sum addition of Rs 5 lakh was affirmed-Provisions of section 115BBE would apply only to transaction done on or after 1-4-2017.[S.133(6), 115BBE]

Dy. C.I.T v. Rai Bahadur Narain Singh Sugar Mills Ltd. (2025) 213 ITD 222 (Delhi) (Trib.)