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
Click here to download the pdf versions of the Digest of case laws

S. 80G : Donation-Application was rejected on the ground that application was not within six months from date of provisional approval-Since provisional approval granted to assessee was valid till assessment year 2024-25-Application filed by assessee being within time limit permissible under section 80G(5)(iii), was to be restored to file of Commissioner (E) for de novo consideration. [S.80G(5)(iii)]

Saaksh Foundation. v. CIT (2024) 207 ITD 671 /230 TTJ 171/ 238 DTR 449 (Mum) (Trib.)

S. 80G : Donation-Approval-Application was filed beyond six months of commencement of activities-Tribunal directed the Commissioner (E) to grant exemption registration under section 80G(5)(iii) of the Act. [S.80G(5)(iii), Form No 10AB]

Income-tax Bar Association Calcutta. v. CIT (2024) 113 ITR 359 / 207 ITD 554 (Kol) (Trib.)

S. 80G : Donation-Corporate Social Responsibility (CSR) activities-Mandatory nature of CSR expenditure does not justify disallowance of same under section 80G, if other conditions of section 80G are fulfilled.[S. 37(1), Companies Act 2013 S. 135]

Interglobe Technology Quotient (P.) Ltd. v. ACIT (2024) 207 ITD 360 (Delhi) (Trib.)

S. 80G : Donation-Rejection of application-Delay in filing Form No 10AB-Matter is remanded to CIT(E) for reconsidering Form No. 10AB for final registration under section 80G(5) by providing opportunity of proper hearing.[S.80G(5), Form No. 10AB]

Avani Thakkar Charitable Trust v. CIT (2024) 207 ITD 20 (Ahd) (Trib.)

S. 80G : Donation-Expenditure towards CSR activities are an allowable.[S.37(1)]

Alubound Dacs India (P.) Ltd. v. DCIT (2024) 207 ITD 393/ 232 TTJ 547/243 DTR 195 (Mum) (Trib.)

S. 80G : Donation-Failure to file submission-Matter remanded back to Commissioner (E) to consider case of assessee on merit and examine object and activities of assessee and pass order in accordance with law.[S.80G(5), R. 17A, Form No. 10AB]

Arsala Education & Charitable Trust. v. CIT (2024) 207 ITD 77 (Surat) (Trib.)

S. 69A : Unexplained money-Cash deposit-Demonetization-Partly from fixed deposit maturity and partly from her brother’s funds-Addition is deleted-Best judgment assessment-Responded notices-conditions for invoking Section 144 were not met and therefore, assessment made by Assessing Officer u/s.144, would not sustain-Addition is deleted. [S.115BBE, 144]

Sakina Ahmedali Kantavala. v. ITO (2024) 207 ITD 717 (Ahd) (Trib.)

S. 69A : Unexplained money-Search-Accumulated cash amount-Recorded in the books of account-Addition is deleted. [S. 132]

Hemant Samarataji Lohar. v. ACIT (2024) 207 ITD 312 (Mum) (Trib.)

S. 69A : Unexplained money-Demonetisation-Cash deposited-Statement of director-Addition made on basis of statement of director of RBPL and some CCTV footages obtained from bank-Addition is deleted. [S. 115BE, 132,132(4A), 153C,292C, Indian Evidence Act, 1872, S.65B]

D.L. Heera Bhai Jewellery Arcade (P.) Ltd. v. ACIT (2024) 207 ITD 1 /229 TTJ 1/ 236 DTR 233 (TM) (Delhi) (Trib.)

S. 69 :Unexplained investments-Investment in purchase of a farm house-Survey-Reassessment is up held-Addition is deleted on the ground that no opportunity to cross examination is provided-No addition can be made ignoring the registered sale deed. [S.133A, 147, 148]

Maple Destinations and Dreambuild (P.) Ltd. v. DCIT (2024) 207 ITD 376 (Delhi) (Trib.)