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. 143(2) : Assessment-Notice-Shifting of residence from Delhi to Gurgaon-Change is reflected in the return filed-Notice issued by the Assessing Officer from Delhi is without jurisdiction-Quashed-Additional ground-Jurisdictional issue-Admitted [S. 254(1)]
Ekta Gupta (Ms) v. ITO (2024) 230 TTJ 398 / 238 DTR 289 / 38 NYPTTJ 514 (Delhi)(Trib)
S. 143(1) : Assessment-Intimation-Failure to file Form No 10B-Adjustment is justified-Disallowance of expenditure-Revenue is directed to intimate the exact reason for disallowing the claim of the assessee while processing the return-The assessee may file an application under S. 154 to rectify the mistake in the intimation, as deemed proper-Assessee is also free to avail the remedy under s. 119 if it so desires. [S. 10(23C), 11, 119, 154, 250(5)]
Shri R.V. Shah Charitable Trust v. Dy. CIT (2024) 230 TTJ 106 / 237 DTR 225 / 38 NYPTTJ 510/ 161 taxmann.com 810 (Ahd.) (Trib.)
S. 143(1) : Assessment-Intimation-Prima facie adjustment-under late payment of employees’ contribution towards PF and ESI-Adjustment is valid-Not allowable as deduction. [S.36(1(va), 37(1), 143(1)(a)]
Checkmate Services (P) Ltd. v. DCIT (2024) 230 TTJ 785 / 241 DTR 185 / 38 NYPTTJ 955/ 164 taxmann.com 498 (Ahd)(Trib)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-comparables-There is no error in the reasons given by the TPO/DRP to include L&T in the final set of comparables-PLR-Interest on outstanding receivable-TPO is directed to adopt appropriate rate of interest by considering the currency in which the outstanding receivable by the assessee and its AE. [S.92B]
Oakton Global Technology Services Centre (India) (P) Ltd. v ITO (2024) 230 TTJ 495 / 240 DTR 158 / 38 NYPTTJ 773 / 163 taxmann.com 769 (Hyd) (Trib)
S. 80G : Donation-Time-limit for filing application for final approval-Form No. 10AB was filed on 23rd Sept., 2023 was well within time i.e., within six months prior to the expiry of the period of provisional approval-Order of the CIT(E) is set aside with direction to pass a fresh order on merits as provided in law. [S.12A(1)(ac)(vi), 80G(5)(iii)]
Indian Red Cross Society v. CIT (E) (2024) 230 TTJ 206 / 239 DTR 167 / 38 NYPTTJ 557/ 162 taxmann.com 194 (Chd)(Trib)
S. 80G : Donation-Time-limit for filing application for final approval-Existing Trust or institution-Applied for permanent registration under S. 80G before the expiry of provisional approval-The application of the assessee was not time-barred-The order under s. 80G is set aside to CIT(E) for de novo adjudication-Speech of the Finance Minster is relevant. [S.12AB, 80G(5)]
Gender Lab Foundation v. CIT (E) (2024) 230 TTJ 878 / 240 DTR 217 / 38 NYPTTJ 548 (Pune)(Trib)
S. 69A : Unexplained money-Cash deposits-Demonetization-Petrol pump-Not violated any provision of law or any Government guidelines-Addition is deleted.
Nazir Ahmad v. ITO (2024) 230 TTJ 78 (UO)(Amritsar)(Trib)
S. 69A : Unexplained money-Cash deposit-Demonetization-Sufficient stock-Sales-Sales shown in VAT return-Addition is deleted.
R.M. Sales Corporation v ITO (2024) 230 TTJ 701 / 240 DTR 201 / 38 NYPTTJ 929 / 167 taxmann.com 679 (Amritsar)(Trib)
S. 69A : Unexplained money-Demonetisation-Bank notes-Complete record is maintained-Receipts from the customers cannot be assssed as unexplained.
ITO v. Mayurbhanj Central Cooperative Bank Ltd. (2024) 230 TTJ 655 / 240 DTR 17 / 38 NYPTTJ 807 (Cuttack)(Trib)
S. 68 : Cash credits-Brokerage on sales-Cannot be considered ad bogus-Books of account not rejected-Recovery from debtor-Advance given in earlier years-Cannot be assessed as cash credits-Business advances-Confirmations filed-Short term advances-Leger account and bank statement is filed-Cannot be assessed as cash credits-Payment made to purchase of goods-Not assessable as cash credits-Credit sales-Cannot be assessed as cash credits.
Trio Mercantile & Trading Ltd. v. ITO (2024) 230 TTJ 64 (UO)/ 167 taxmann.com 692 (Mum) (Trib)