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 – 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)

S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Tax deduction at source-Compounding application-Application was filed beyond twelve months-Rejection of application was set aside by High Court-SLP of Revenue is dismissed. [S. 200, 276B, 278B, 279(2), Art. 136]

ITO v. Footcandles Film (P.) Ltd. (2023) 295 Taxman 410/(2024) 460 ITR 671 (SC) Editorial : ITO v. Footcandles Film (P.) Ltd. (2023) 453 ITR 402 /146 taxmann.com 304 / 333 CTR 612(Bom)(HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Failure to pay self assessment tax-Criminal complaint is filed before the Magistrate Court-Petition filed before the High Court to quash the proceedings is dismissed. [S. 139(1), 139(4), 140A,,276C, 278E,Code of Criminal Procedure, 1973, S. 482]

D. M. Kathir Anand v. N.S. Phanidharan (2023) 154 taxmann.com 52 (Mad)(HC) Editorial : Notice is issued in SLP filed by the assessee, D.M. Kathir Anand v. N.S. Phanidharan (2023) 295 Taxman 234 (SC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Failure to pay self assessment tax-Criminal complaint is filed before the Magistrate Court-Petition filed before the High Court to quash the proceedings is dismissed-Notice is issued in SLP filed by the assessee. [S. 139(1), 139(4), 140A,,276C, 278E,Code of Criminal Procedure, 1973, S. 482]

D.M. Kathir Anand v. N.S. Phanidharan (2023) 295 Taxman 234 (SC) Editorial: D.M. Kathir Anand v. N.S. Phanidharan (2023) (2023) 154 taxmann.com 52 (Mad)(HC)