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-Education-Only one object-Application by an inadvertent error, it had mentioned all three objects of trust deed-Matter remanded back for fresh adjudication. [S. 10(23C)(vi), 80G, Form No 10AB, 10AC.]
Thirumurugan Kalvi Arakkattalai. v. CIT (2024) 204 ITD 543 (Chennai) (Trib.)
S. 80G : Donation-Registration-Denial of approval-Not obtained in the past-Activities were commenced in the year 1984-Application cannot be rejected as treated as time barred. [S.12AB, 80G(5),Form No. 10AD]
Navsari Surat Aththavisi Modh Chaturvedi Brahmin Ghyati Samast. v. CIT (2024) 204 ITD 537 (Surat) (Trib.)
S. 80G : Donation-Trust registered under section 12A-Providing charitable activities-Denial of approval under section 80G(5) is not justified. [S.80G(5) Companies Act, 2013, S. 8]
Olive Development Foundation. v. CIT (2024) 204 ITD 12 (Mum) (Trib.)
S. 69C : Unexplained expenditure-Sale transaction-Expalined the source of transactions-Addition is deleted.
Chandra Pal. v. ACIT (2024) 204 ITD 565 (Delhi) (Trib.)
S. 69A : Unexplained money-Jewellery-Search-Bank Locker-stree-dhan-Jewellery was gifted to her on various occasions such as marriage, birth of children, etc.-Addition is deleted. [S. 132] C
Preeti Singh. v. ACIT (2024) 204 ITD 529 (Delhi)(Trib.)
S. 69A : Unexplained money-Search-Jewellery-Status of family-Addition is deleted.[S. 132]
Chandra Pal. v. ACIT (2024) 204 ITD 194 (Delhi) (Trib.)
S. 68 : Cash credits-Share capital-Issue of shares at premium-Identity and creditworthiness of share subscribers are proved-Non-compliance to summons to director-Addition is not justified. [S. 131]
ACIT v. Gold Rush Sales and Service Ltd. (2024) 204 ITD 421 (Kol)(Trib.)
S. 57 : Income from other sources-Deductions-Interest-Income earned was not equal to percentage of interest-Interest expenditure incurred is allowable as deduction. [S. 56, 57(iii)]
Sunil Bardia v. ITO (2024) 204 ITD 68 (Raipur)(Trib.)
S. 56 : Income from other sources-Issue of shares at premium-DCF method-Share premium charged was lower than fair market value of shares determined by auditor-Section 56(2)(viib) could not be applicable. [S. 56(2)(viib)]
PNP Maritime Services (P.) Ltd. v. DCIT (2024)204 ITD 810 /231 TTJ 31 (Mum)(Trib)
S. 56 : Income from other sources-Valuation of shares-DCF method-NAV Method-Once the assessee has exercised an option, Assessing Officer is bound to follow same.[S. 56(2)(viib), R.11UA]
DCIT v. Hometrail Buildtech (P.) Ltd. (2024) 204 ITD 154 (Delhi) (Trib.)