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)(ii):Bonus or commission-Directors had declared salary and bonus-Entitled to claim deduction in respect of payment of bonus to its directors.

Micropoint Computers P. Ltd. v.Dy. CIT (2024)111 ITR 89 (SN)/232 TTJ 1049 (Mum) (Trib)

S. 32 : Depreciation-Rate of depreciation-Computer software-Depreciation allowable at 60 Per Cent.

Gujarat Infrapipes P. Ltd. v. Dy. CIT (2024)111 ITR 47 (SN)(Ahd)(Trib)

S. 32: Depreciation-Car registered in name of director-Funds utilized of the company-Depreciation is allowable to the company.

Mukesh Trends Lifestyle Limited v. DCIT (Ahd)(Trib)(UR)

S. 17(3) :Salary-Profits in lieu of salary-Ex-gratia compensation-After termination-Not taxable as profits in lieu of salary-Appellate Tribunal-Powers-Departmental representative is not permitted to set up an altogether a new case [S. 15, 254(1)]

ITO v. Avirook Sen (2024)111 ITR 78 (SN)/ 230 TTJ 132/ (Delhi)(Trib)

S. 14A : Disallowance of expenditure-Exempt income-Sufficient interest bearing funds-Suo moto made disallowance-Addition is deleted. [R.8D(2)(ii), 8D(2)) (iii)]

Apeejay P. Ltd. v. Dy. CIT (2024) 111 ITR 231 (Kol.) (Trib.)

S. 12A : Registration-Trust or institution-Rejection of applicarion on the ground of wrong code selected for provisional registration-and barred by limitation-Mistakes committed while applying registration could be condoned-Commissioner (E) directed to hear and dispose of request of assessee by allowing it to apply under Form 10A. [S. 12AB, Form 10A, 10AB]

Mandava Foundation v. ITO (E) (2024)111 ITR 16 (SN)(Hyd)(Trib)

S. 11 : Property held for charitable purposes-Prima facie adjustments-Claim inadvertently made under Section 10(23C)-Failure to file mandatory form-Prima facie adjustment is proper-No action can be taken merely basis of Form 10B is filed in Appellate Proceedings-Direction of Commissioner (Appeals) to avail of remedy under Section 119 to file revised return is proper [S.11, 119, 143(1), 154, Form No 10B]

Shri R. V. Shah Charitable Trust v. Dy. DIT (2024) 111 ITR 83 (SN) (Ahd)(Trib)

S. 11 : Property held for charitable purposes-Engaged in upliftment of poor, providing training and skill development of poor in rural areas in backward districts-Entitle to exemption. [S. 2(15)]

ITO (E) v. Professional Assistance for Development Action (2024) 111 ITR 87 (SN)(Delhi) (Trib)

S. 11 : Property held for charitable purposes-Denial of exemption-Exemption denied due to personal benefit-Interest-free loans to trustees-Trustees using loans to acquire immovable properties-Expenditure disallowed as capital expense-Remand for fresh consideration for fresh consideration. [S. 12, 13(1)(c)(ii), 250]

M.A.J. Foundation v. ITO (E) (2024) 112 ITR 78 (SN) (Bang)(Trib.)

S. 10(23FB) : Venture Capital Fund-Exemption-Income from Investment in Venture Capital Undertaking-Shares of entity not listed on a recognized stock exchange which carried on business activity in India-Not covered in the negative list —Dividend income is exempt. [S. 2(31), 10(35), Securities and Exchange Board of India (Venture Capital Fund) Regulation, 1996, regln. 2(n)]

CIT (Dy.) v. Aditya Birla Real Estate Fund (2024) 111 ITR 40 (SN) (Mum)(Trib.)