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. 12AB: Procedure for fresh registration – Not communicated exact deficiency in documents submitted -Rejection order is seta side and directed to pass a speaking order by providing a reasonable opportunity . [ Rule . 17A , Form No .10AB ]
Shree valinath Gujrati Rabari Dharmashala trust Tarabh v. CIT ( 2023) 203 ITD 93// 106 ITR 82 (SN.) ( Ahd)( Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Scientific research expenditure -Donation to trust – Weighted deduction- Approval granted was expired – Order of the Assessing Officer allowing the claim is erroneous – Revision order id affirmed . [ S. 35(1)(ii) ]
Joshi technologies international Inc. v. CIT( 2024) 204 ITD 496 ( Ahd)( Trib)
S. 201 : Deduction at source – Failure to deduct or pay – Survey-Medical insurance premium-Payment to co -insurance companies – Natural justice – Matter remanded. [ S.133A ,201(1),201(IA) ]
United India Insurance Co Ltd v. Dy.CIT ( 2024) 204 ITD 8 (Chennai )( Trib)
S. 80G : Donation – Denial of approval is held to be not justified . [S. 12A , Form No. 10AB, Companies Act, 2013, S.8 ]
Olive development Foundation v. CIT ( 2024) 204 ITD 12 ( Mum)( Trib)
S. 56 : Income from other sources -Interest income on funds – Separate bank accounts – Deposited into Consolidated Fund of India – Order of CIT(A) deleting the addition is affirmed . [ S. 4 ]
Dy.CIT v. National Highways & Infrastructure development Corp. India( 2024) 204 ITD 1 ( Delhi)( Trib)
S. 144C : Reference to dispute resolution panel -limitation – Order passed beyond period of one month from end of month in which direction received from DRP is time barred and void -ab initio.[ S. 144(13)]
Lubrizol Advanced Materials India Pvt. Ltd. v. Assessment Unit (2024) 204 ITD 130 (Mum) (Trib)
S.69C : Unexplained expenditure- Sale transaction- Purchaser confirmed the transaction – Addition is deleted . [ S. 132(4) ]
Chandra Pal v. ACIT ( 2024) 204 ITD 565 (Delhi) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence -Purchase of residential unit from builder – Flat received within three years from sale of property – Date of possession shall be construed as completion of construction . [ S. 45 ]
Anjali Bhadoo (Smt.) v. ITO ( 2024) 204 ITD 124 (Delhi) (Trib).
S. 48 : Capital gains –Mode of Computation -Cost of improvement- Failure to prove the expenditure incurred – Disallowance of expenditure is affirmed .[S. 45 ]
Arun Tulshidas Kharat v. DCIT ( 2024) 204 ITD 618 (Pune) (Trib)
S. 12AB: Procedure for fresh registration -Genuineness of activities – Failure to file documentary evidences to verify the activities in consonance with its objects – Rejection of application is held to be justified .[ S. 12A(1), R. 17A(2), Form No .10AB ]
Amrut Antimdham Charitable Trust v. CIT ( E ) ( 2024) 204 ITD 625 ( Ahd ) (Trib)