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-Application was filed on or before 30-9-2023-Further stood extended to 30-6-2024 vide Circular No. 7 of 2024, dated 25-4-2024-Rejection of application by CIT(E) is not proper on the ground that the assessee was required to file application on or before 30-9-2022-Matter remanded to the CIT(E) for de novo consideration. [S.80G(5)]

Grow Foundation v. CIT (2024) 209 ITD 1 (Ahd.) (Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Capital loss-Transfer of listed securities to his partnership firm-Long term capital loss-Colorable device-Loss is not allowed to be set off. [S. 10(38), 45]

ACIT v. Vallabh Roopchand Bhansali (2024) 209 ITD 165 (Mum) (Trib.)

S. 69C : Unexplained expenditure-Sale consideration-Agricultural land-No material with the department-Addition is deleted.

Shanmugasundaram v. ITO (2024) 209 ITD 158 (Chennai) (Trib.)

S. 69A : Unexplained money-Cash deposits-Educational institutions-Hostel fees from students-Matter remanded to the file of CIT(A) for fresh adjudication. [S.10(23C)(iiiad), 12A]

Ideal Education Trust v. ITO (2024) 209 ITD 479 (Ahd.)(Trib.)

S. 69A : Unexplained money-Business of selling religious items in a Parsi temple-Deposit of cash of Rs. 7.20 lakhs in bank account-Past savings-Demonetization period-Not maintaining the books of account-Addition is deleted.

Bakhtawar Nariman Dalal v. ITO (2024) 209 ITD 191 (Mum.)(Trib.)

S. 69 : Unexplained investments-Source of investment in liquor business-Agricultural income-Loan-Partly accepted the explanation-Rejection of books of account and estimating net profit at 5 per cent of purchase price of stock that was put to sale is affirmed. [S. 145]

Chandrasekhar Yernena v. ITO (2024) 209 ITD 307 (Visakha)(Trib.)

S. 68 : Cash credits-Shares-Long term capital gains-Offline purchase-Penny stock-Accommodation entries-Opportunity of cross examination is not given-Addition is deleted.[S.10(38), 45]

Jayantilal Bhagwanchand v. ITO (2024) 209 ITD 23 (Bang)(Trib.)

S. 57 : Income from other sources-Deductions-Interest income-Burden is on assessee-Burden is on assessee to provide sufficient details to show that expenses were incurred wholly and exclusively for purpose of making or earning interest income.[S. 56, 57(iii)]

Vinayak Kalani v. DCIT (2024) 209 ITD 501 (Indore)(Trib.)

S. 57 : Income from other sources-Deductions-Brokerage to broker-Refund of investment (Principal amount and interest)-Cancellation of project-No bifurcation or split of this expenditure relating to recovery of principal and recovery of interest-Proportionate disallowance under section 57(iii) of brokerage expenses relating to principal amount is not justified.[S. 56, 57(iii)]

Deepak N. Sippy. v. ACIT (2024) 209 ITD 103 (Mum.)(Trib.)

S. 56 : Income from other sources-Premature surrender of pension policies-No deduction was claimed under section 80CC-Matter remanded to Assessing Officer to examine eligibility of proceeds from surrender of policy for exemption under section 10(10D). [S.10(10D),80CC(1), 80CC(2), 143(1), 147, 148]

Dipendu Bapalal Shah v. CIT(A) (2024) 209 ITD 315 (Mum.)(Trib.)