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. 36(1)(iii) :Interest on borrowed capital-Interest-Banks and Public Financial institutions-Treatment in books of account-Allowable as deduction in the year in which the payment is made irrespective of its treatment in books of account. [S. 43B, 145]
DCIT v. BPTP Ltd. (2024) 204 ITD 41 (Delhi) (Trib.)
S. 32 : Depreciation-Additional depreciation-Business is commenced in earlier year-Depreciation and additional depreciation cannot be disallowed.
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd)(Trib.)
S. 28(i) : Business income-Unregistered agreement-Deemed owner-Capital gains-Sale of land-Assessing Officer is justified in making addition on account of entire sale consideration received from ultimate buyer in hands of assessee. [S. 2(47), 4]
ITO v. Rishi Construction. (2024) 204 ITD 159 (Indore) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-Not earned any exempt income during year-No disallowance can be made. [R. 8D]
ACIT v. Gold Rush Sales and Service Ltd. (2024) 204 ITD 421 (Kol) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-No exempt income-Disallowance cannot be made. [R.8D]
DCIT v. Adani Mining (P.) Ltd. (2024) 204 ITD 269 (Ahd) (Trib.)
S. 12AB : Procedure for fresh registration-Denial of registration-Genuineness of activities-Commissioner was justified in rejecting application for registration under section 12AB is not maintainable in law.. [S. 12A(1)(ac)(iii), R. 17A(2)]
Amrut Antimdham Charitable Trust. v. CIT (2024) 204 ITD 625 /231 TTJ 491 (Ahd) (Trib.)
S. 12AB: Procedure for fresh registration-Cancellation of registration-Provisions of section 12AB(4)(ii), which had been introduced by Finance Act, 2022 with effect from 1-4-2022 could not be invoked for cancellation of registration with retrospective effect from assessment year 2021-22.[S. 12A, 12AA, 12AB(4)(ii), 132]
Amala Jyothi Vidya Kendra Trust. v. PCIT (2024) 204 ITD 605 /227 TTJ 209 (Bang) (Trib.)/Adarsh Vidya Kendra Trust v . . PCIT (2024) 204 ITD 605 /227 TTJ 209 (Bang) (Trib.)
S. 12AB: Procedure for fresh registration-Fee concession etc to some students-Matter is remanded to the CIT(E) to decide a fresh. [S. 12A(1)(ac)(v), 12AA]
Sri Gurutegh Bahadur Education Society. v. CIT (2024) 204 ITD 448 (Jabalpur) (Trib.)
S. 12AA : Procedure for registration-Trust or institution-Collusive arrangement with SRMAMET (a trust formed by same management committee as that of assessee-society)-Funds were channelized directly/indirectly for members of management committee, assessee-society-Violation of section 13(1)(c)-Cancellation of registration is justified. [S. 12A, 12AA(4)(a), 13(1)(c)(ii)]
Shri Ram Murti Anchal Memorial Educational Society. v. CIT (2024) 204 ITD 465 (Lucknow)(Trib.)
S. 12A : Registration-Trust or institution-Trust, corpus contribution-Corpus specific voluntary contribution-Trust not registered u/s 12A/12AA of the Act-Capital receipt cannot be assessed as income.[S. 2(24)(iia), 11(1)(d), 12A, 12AA]
ACIT v. Financial Inclusion Trust. (2024) 204 ITD 211 (Delhi) (Trib.)