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. 80P : Co-operative societies-Letting of godown-Milk parlours cannot be considered as godowns or warehouses as contemplated under section 80P(2)(e) and hence, rental income derived from letting of milk parlours will not be eligible for deduction under section 80P(2)(e) of the Act. [S. 80P(2)(e)]

Hassan Co-operative Milk Producers Societies Union Ltd. v. ACIT (2022) 194 ITD 522/ (2023) 222 TTJ 538 (Bang.)(Trib.)

S. 80P : Co-operative societies-Interest-Bank-Bank not being a co-operative society interest income could not be said to attributable to activities of co-operative society-Not eligible for deduction-Interest income reduced by administrative expenses and other proportionate expenses to earn said income had to be brought to tax as income from other sources. [S. 56, 57, 80P(2)(d)]

Krishnarajapet Taluk Agri Pro Co-op Marketing Society Ltd. v. PCIT (2022) 194 ITD 311 (Bang.)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Partnership firm-Executed works contract-Not eligible deduction [S. 800IA(4), 80IA(13)]

DCIT v. Eshwarnath Construction. (2022) 194 ITD 592 (Chennai) (Trib.)

S. 80G : Donation-Expenses incurred under Corporate Social Responsibility Scheme under provisions of Companies Act are eligible for deduction-Matter remanded. [S. 37(1)]

Infinera India (P.) Ltd. v. Jt. CIT (2022) 194 ITD 463 (Bang.) (Trib.)

S. 80G : Donation-CSR expenses-Denial of deduction merely because donation forms part of CSR as it would lead to double disallowance is held to be not valid. [S. 37(1)]

Sling Media (P.) Ltd. v. DCIT (2022) 194 ITD 1 (Bang.)(Trib.)

S. 80 : Return for losses-Return of income within prescribed time-Audited financial statements could not be filed along with return of income as accounts were not audited by that time-Denial of carry forward of business loss is not justified. [S. 44AB, 72, 139(9)]

DCIT v. Brahmos Aerospace (Thiruvananthapuram) Ltd. (2022) 194 ITD 561 (Cochin)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Justified in deleting 100 percent disallowance and disallowing to 12.5% out of bogus purchases.

DCIT v. DBM Geotechnics and Construction (P.) Ltd. (2022) 194 ITD 579 (Mum.)(Trib.)

S. 69A : Unexplained money-Demonetization deposit-Mere mismatch of denominations of currency notes would not lead to addition where currencies of past savings might have mixed with currencies withdrawn.

Vardhan Ghildiyal v. ITO (2022) 194 ITD 689 (Delhi)(Trib.)

S. 68 : Cash credits-Share capital-Transaction through account payee cheques, bank statements filed-Addition is not valid. [S. 133(6)]

DCIT v. Gandhi Capital (P.) Ltd. (2022) 194 ITD 396/ 220 TTJ 680 (Surat) (Trib.)

S. 68 : Cash credits-Share application-Entries were circulating in nature-Failed to establish creditworthiness or genuineness of transaction-Addition is held to be justified.

Anandtex International (P.) Ltd. v. ACIT (2022) 194 ITD 320 (Delhi)(Trib.)