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. 2(22)(e) : Deemed dividend-Loans and advances-From group company (APL)-Beneficial shareholder was KSWPL under whose controlling interest and influence, APL had given loan/advance to assessee-Deeming provisions of section 2(22)(e) under second limb were attracted on KSWPL and not on assessee-loan amount was not taxable in hands of assesse. [S. 5 (1)(b)]
Apeejay Surrendra Management Services (P.) Ltd. v. DCIT (2024) 205 ITD 737 (Kol.)(Trib.)
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Additional evidence-Matter remanded to the file of the Assessing Officer.[S.194C, 272A(2)(k)),R.18(4)]
Block Resources Coordinator Rajiv Gandhi Siksha Mission. v. ITO (TDS) (2024) 204 ITD 408 (Raipur) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-CSR expenses-Donations-Business income-Explanation 2 to section 37(1) which denies deduction for CSR expenses by way of business expenditure is applicable only to extent of computing’ business income’ under Chapter IV-D and; there would be no bar for assessee to claim benefit under section 80G, falling in Chapter VIA.[S. 37(1), 8OG]
Societe Generale Securities India (P.) Ltd. v. PCIT (2024) 204 ITD 796 (Mum) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Educational institutions (Approval)-New institute which was not included in list of institutes run by assessee-trust which was granted approval under section 10(23C)(vi)-Revision is held to be valid.[S. 10(23C)(vi),11, 12A]
Shri Shamjibhai Harjibhai Talavia Charitable Trust. v. PCIT (2024) 204 ITD 583/227 TTJ 489 (Rajkot) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research expenditure-Donation-Approval granted was expired-Claim of weighted deduction was incorrect-Order is erroneous. [S. 35(1)(ii)]
Joshi Technologies International Inc. v. CIT (IT & TP) (2024) 204 ITD 496 (Ahd)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Employment of new workmen-There was proper verification and application of mind by Assessing Officer-Report in Form 10DA for claiming deductions under section 80JJAA was filed-Revision is not valid. [S.80JJAA, 143(3)]
GMM Pfaudler Ltd. v. PCIT (2024) 204 ITD 522 (Ahd.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Not earned any exempt income-Additional depreciation-Allowed in earlier year-Manufacture-Extraction of minerals from beach sand involved change in non-living physical object/article into a new and distinct object/article having different name and use-Activities amounts to manufacture-Revision is not valid. [S. 14A, 32(1)(ii), 32AC]
Trimex Sands (P.) Ltd. v. PCIT (2024) 204 ITD 435 (Chennai) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations to NGOs out of accumulated funds-Not allowable as application of income-Deemed to be income of the assessee-Revision order is affirmed. [S. 11(2), 11(3), 12AA, ITAT R. 18(6)]
Sahachari Foundation. v. ITO (2024) 204 ITD 429 (Delhi) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share application money-Issue of equity shares to 21 persons-Only four persons filed their balance sheet etc-Failure to make necessary and adequate enquiries into source of investment in shares-Order is erroneous-Revision is justified.[S. 68, 143(3)]
Lado Ceramic (P.) Ltd. v. PCIT (2024) 204 ITD 111 (Rajkot) (Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Demand is stayed on condition that the assessee would not seek an adjournment-Multiple adjournments by assessee-Stay granted against recovery of outstanding demand was vacated and assessee was to be directed to pay outstanding taxes in three equal instalments. [S. 220, 254(1)]
NSE clearing Ltd. v. DCIT 204 ITD 174/229 TTJ 31 (Mum) (Trib)