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-Loans and advances-Own funds are more than interest bearing funds-No disallowance can be made.

Jasmatbhai Nanubhai Vidiya v. DCIT (2024) 206 ITD 44 (Surat) (Trib.)

S. 28(i) : Business income-Survey-Surrendered excess stock, cash and receivables-Offered as business income-Surrendered income cannot be asssseed under deeming provisions of section. 699A, 69B, 115BBE.[S. 69A, 69B 115BBE, 133A]

Veer Enterprises. v. DCIT (2024) 206 ITD 289/114 ITR 566 (Chd) (Trib.)

S. 23 : Income from house property-Annual value-Deemed let out-Two houses are occupied for self purposes-No notional rent is to be added.[S. 22]

Jasmatbhai Nanubhai Vidiya v. DCIT (2024) 206 ITD 44 (Surat) (Trib.)

S. 14A : Disallowance of expenditure-Exempt income-Interest free funds-Investment in Securities and Joint ventures-Owned interest free funds with were much higher than investments made by assesse. [R.8D(2)(b)]

ACIT (OSD) v. M.S. Khurana Engineering Ltd. (2024) 206 ITD 741 (Ahd) (Trib.)

S.14A : Disallowance of expenditure-Exempt income-Rule 8D can be applied only in respect of investment which actually yielded dividend income during year. [R.8D]

Himatsingka Seide Ltd. v. DCIT (2024) 206 ITD 371 (Kol.)(Trib.)

S. 12AB : Procedure for fresh registration-Provisionally registered-Registration-Time limit-Final registration-CIT(E) rejected application as premature-There is no bar on applicant to move an application before period of six months from expiry of provisional registration-CIT(E) is directed to reconsider application-Provisional approval under section 80G(5)(iv) was granted-Application for final approval could not be rejected on ground that institution had already commenced its activities even prior to grant of provisional registration. [S. 12A(1)(ac)(iii), 80G]

Mallarpur Naisuva. v. CIT (E) (2024) 206 ITD 792 (Kol) (Trib.)

S. 12AB: Procedure for fresh registration-Denial of exemption-Religious trust-Provisions of section 13 can be invoked by Assessing Officer while framing assessment and not by Commissioner while considering application for registration under section 12A/12AB. [S. 13, 12A, 13, Form No.10AB]

Anjuman E Nusratul Muslimin Tankaria v. CIT (2024) 206 ITD 781 (Ahd)(Trib.)

S. 12AB : Procedure for fresh registration-Denial of registration Objects of trust were not restricted to particular religious community or caste sunni muslims-CIT(E) is directed to reconsider the application and decide according to law. [S. 11, 12A, 13(1)(b)]

Sunni Muslim Jamat Aamena Madressa Ebdatgah Waqf Committee. v. CIT (2024) 206 ITD 691 / 231 TTJ 783 (Surat)(Trib.)

S. 12AB : Procedure for fresh registration-Name mismatch-Translating name from Gujarati to English-Objects-Not any particular community-Matter remanded with the direction to examine the issue fresh. [S. 12A, 13]

Parul University Alumni Association. v. CIT (2024) 206 ITD 706/229 TTJ 105 (UO) (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 2018-19 [S. 12A]

Amala Jyothi Vidya Kendra Trust. v. PCIT (2024) 206 ITD 601 (Bang) (Trib.)