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-Enterprises engaged in infrastructure development-Failure to file Form No 10CCB-Order of CIT(A) allowing the claim is seta side with the direction to pass speaking order. [S. 250, Form No 10CCB]
ACIT v. Shreeji Shipping Services (India) Ltd. (2024) 205 ITD 509 (Rajkot) (Trib.)
S. 80G : Donation-Approval under sub-section (5)of S.80G Third proviso to section 80G(5) was applicable only to newly constructed trust and not to old trust, delay in filing Form No. 10AB is condoned-Matter is remanded.[S.80G(5), Form No 10AB]
Vananchal Kelavani Trust. v. CIT (2024) 205 ITD 619 (Surat) (Trib.)
S. 80G : Donation-Rejection of application without any specific observations as to whether less than 5 per cent of total income had been spent by assessee towards religious purposes-Matter is remanded back for de novo consideration. [S.80G(5)]
Jay Mataji Charitable Trust. v. CIT (2024) 205 ITD 503 (Rajkot) (Trib.)
S. 80G : Donation-Object-Religious nature-Rejection of application without pointing out any specific object in trust deed cannot be treated as religious in nature-Matter was to be remanded back for de novo consideration. [S.80G(5)Form No 10AB]
Swaminarayan Bhaktidham Dwarka Charitable Trust. v. CIT (2024) 205 ITD 515 (Rajkot) (Trib.)
S. 80G : Donation-Contribution to prime minister’s relief fund-Part of legal compliance of corporate social responsibility (CSR)-Finance Act, 2014 mandated that CSR expenditure shall not be allowed as business expenditure under section 37(1)-No deduction under section 80G is allowable. [S.37(1)]
Agilent Technologies (International) (P.) Ltd. v. NFAC (2024) 205 ITD 551 (Delhi) (Trib.)
S. 80G : Donation-Objects to provide education, research and training, etc.-Expenditure incurred by it were not found to be religious in nature, it is eligible for approval under section 80G(5). [S.12AA, 80G(5)(vi)]
Sadhumargi Shantkranti Jain. v. CIT (2024) 205 ITD 358 (Raipur) (Trib.)
S. 69A : Unexplained money-Sale of shares-Long term capital gains-Penny stock-Both purchase and sale transactions were carried out through banking channel and by transfer of shares, long-term capital gain could not be regarded as sham profit and thus addition was not justified.[S. 10(38), 45, 69C]
Sarika Bindal. v. ITO (2024) 205 ITD 49 (Delhi) (Trib.)
S. 56 : Income from other sources-Bonus shares-Out of capitalization of existing reserves in company-Overall wealth of a shareholder post-bonus or pre-bonus remains same-therefore, Provisions of section 56(2)(vii)(c) are not attracted in respect of bonus shares. [S. 56(2)(vii(c)]
DCIT v. Kul Prakash Chandhok (2024) 205 ITD 611 (Delhi) (Trib.)
S. 54B : Capital gains-Land used for agricultural purposes-Sale consideration for purchasing new agricultural land-Capital gain is exempt from tax-Order passed under section 154 denying the claim is quashed.[S. 2(14)(iii) 154]
Achhelal Yadav. v. ITO (2024) 205 ITD 56 (Kol) (Trib.)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Agreement to sell properties on 14-8-2014 and received part consideration of certain amount-Agreement to sell those properties were registered on 30-12-2015, provisions of section 50C adopting value for stamp duty purposes as on date of sale deed i.e. 30-12-2015 could not be applied but value as on date of agreement/date of receipt of advance i.e. 14-8-2014 is to be applied.[S. 45]
Nageswara Rao Viswanadha. v. ACIT (2024) 205 ITD 440 (Vishakha) (Trib.)