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-Interest-Investment With Co-Operative Banks-Income from other sources-Eligible for deduction of cost for earning of such income-Matter remanded to Assessing Officer for fresh consideration. [S.56, 57(iii),80P(2)(d)]
Karnataka Power Corporation Limited Employees Credit Co-Operative Society Ltd. v ITO (2024)111 ITR 73 (SN)(Bang)(Trib)
S. 80P : Co-operative societies-Providing credit to members Eligible for deduction to extent of income earned from facilities extended to its members only-Matter remanded to Assessing Officer-Delay in filing appeal is condoned.[S. 80P(2)(a)(i), 253]
Enayetpur S. K. U. S. Ltd. v. ACIT (2024)111 ITR 75 (SN)(Kol)(Trib)
S. 80P: Co-operative societies-Mentioning of status in the return of income as ‘AOP’ as against ‘co-operative society’ would not disentitle the assessee the benefits of deduction claimed u/s. 80P (2)(a)(i) of the Act. [S. 2(31), 80P(2(a)(i), 139, 143(1)]
The Presbyterian Church Co-operative Credit and Thrift Society Ltd. v. ITO (2024) 112 ITR 289 /163 taxmann.com 1070 (Jaipur)(Trib.)
S. 80IC : Special category States-Fall in gross profit rate-Diversion of profits to subsidiary-May require scrutiny at the hands of the subsidiary under section 80IA (10) and not the Assessee. [S,80IA(10)]
ITO v. Jamna Auto Industries (2024) 111 ITR 569 (Chd)(Trib.)
S. 80IA : Infrastructure facility-Search and seizure-claim though not claimed in the original return filed before search-Assessee is entitled to the deduction. [S.80IA(4), 139(1),139(5), 153A]
CIT (Dy.) v. ABCI Infrastructure P. Ltd. (2024) 111 ITR 10 (SN) (Guwahati)(Trib.)
S. 80G : Donation-Registration-After grant of provisional approval, the application cannot be rejected on the ground that the institution had already commenced its activities even prior to grant of provisional registration.[S.80G(5)(iv), Form No 10AC.]
Baijmath Somani Charitable Trust v. CIT (E) (2024) 112 ITR 705 /230 TTJ 224/238 DTR 321 (Kol)(Trib.) Satyanarayan Somani Charitable Trust v. CIT (E) (2024) 112 ITR 705 /230 TTJ 224/238 DTR 321 (Kol)(Trib.)
S. 80G : Donation-Denial of registration-Delay in filing Form No.10AB for renewal-Circular 6/2023,-Directed to consider the registration on merits. [S.12AB, 80G(5)]
Muthi Trust v. CIT (E) (2024) 112 ITR 51(SN) (Chennai)(Trib.)
S. 80G : Donation-Denial of registration-The extended time limit of 30.09.2023 as per CBDT Circular 29 dated 24.05.2023 would apply to Form No.10AB-CIT(E) is directed to consider the application on merits without raising the issue of timeline. [S.80G(5)(iv), Form No 10AB, 10AC]
Teddy Trust v. CIT (E) (2024) 112 ITR 569 / 164 taxmann.com 474 (Chennai)(Trib.)
S. 69C : Unexplained expenditure-Income from undisclosed sources-Bogus purchases-Accommodation entries-Information from Sales Tax Department-Addition aat 12.5 Per Cent. of bogus purchases is held to be justified.
ITO v. Chandresh Chhaganlal Mehta (2024) 111 ITR 93 (SN) (Mum)(Trib) ITO v. Mustafa Zainuddin Nalawala (2024)111 ITR 93 (SN) (Mum)(Trib)
S. 69C : Unexplained expenditure-Commission-Bogus purchases and sales-Gross profit offered to tax-No separate addition can be made.
CIT (Dy.) v. Seo Lehenga House (2024) 111 ITR 681 (Chd)(Trib.)