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. 80P : Co-operative societies-Not a co-operative bank-Entitled to deduction. [S.80P(2)(a)]

Tamilnadu Co-operative State Agriculture and Rural Development Bank Limited v. ACIT (2022) 219 TTJ 303/ 217 DTR 145 (Chennai) (Trib)

S. 80P : Co-operative societies-Late filing of return-Disaalloowing is not justified-Due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021.[S. 8AC, 143(1)]

Barwara Co-Operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Beh Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Chhata Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Garoh Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14/ 146 taxmann.com 468 (SMC) (Chd)(Trib) Lanjani Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 /218 DTR 14 / (2023) 146 taxmann.com 468 (Chd)(Trib)

S. 80P : Co-operative societies-Interest from Co-Operative Banks-Entitle to deduction.[S. 2(19), 80P(2)(d)]

Maker Tower A&B Co-Operative Housing Society Ltd v. ACIT (2022)99 ITR 73 (SN)(Mum) (Trib).

S. 80P : Co-operative societies-Collective disposal of labour of its members-Enhancement of gross profit is not valid-Entitle to deduction. [S.80P(2)(a)(vi)]

Malwa Co-Op. L and C Society Ltd. v. ITO (2022) 99 ITR 165 (Amritsar) (Trib)

S. 80P : Co-operative societies-Claim not made in the return-Claim made in the course of assessment proceedings-Eligible to deduction. [S. 80A(5), 80 AC, 80P(2)(a)(i), 139(1), 139(4)]

Krushi Vibhag Karmchari Vrund Sahakari Pat Sanstha maryadit v. ITO (2022) 220 TTJ 243 / 219 DTR 161 (SMC) (Nag)(Trib)

S. 80P : Co-operative societies-Dividend received from Co-Operative Bank-Eligible deduction.[S. 2(19), 80P(2)(d)(i), 80P(2)(iii)]

Gramin Sewa Sakakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib) Sewa Sahakari Samiti Maryadit v. ITO (2022) 215 DTR 193 (Raipur)(Trib)

S. 80IC : Special category States-Production of Air conditioners-Unit in leased premises-Deletion was addition was justified.

Dy. CIT v. Amber Enterprises (India) Pvt. Ltd. (2022)100 ITR 28 (Chd)(Trib)

S. 80IC : Special category States-Survey-Printing and publishing at Gagret with technique and machinery-139 employees were found working at the time of survey-Outsourcing activities-Entitle to deduction [S. 133A, 145(3)]

Dy.CIT v. MBD Printographics (P) Ltd (2022) 215 TTJ 198 (Asr)(Trib)

S. 80IC : Special category States-Software development-Non-eligible unit-R&D Center-Apportionment of cost-Matter remanded-Deduction under S. 80IC has to be restricted only to the transfer of CD writing activity of the Parwanoo unit to the Pune unit and not beyond that-Entire disallowance made by the AO in respect of sales made to third parties cannot be upheld-Partial disallowance affirmed while computing the Arm’s length Price. [S. 80IA(8), 80IA(10), 80IC, 92C, 92CA(4)]

Biz Secure Labs (P) Ltd. v. Dy. CIT (2022) 220 TTJ 1028 (Pune)(Trib)

S. 80IB(10) : Housing projects-Deduction is to be allowed if the architects certificate is issued though the return is filed within time under Section 139(4) of the Act. [S. 139 (4)]

Sunil Vishambaharnath Tiwari v. ITO (2022) 215 TTJ 617/ 210 DTR 41 (Nag)(Trib)