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. 80IB(10) : Housing projects-Restriction on extent of commercial space in housing project imposed by way of amendment to section 80IB(10) w.e.f. 01.04.2005 does not apply to housing projects approved before 01.04.2005 even though completed after 01.04.2005.

DCIT v. Sahara India Sahkari Awas Samiti Ltd. (2021) 213 TTJ 863 / 205 DTR 297 / (2022) 193 ITD 19 (Delhi)(Trib.)

S. 80IB : Industrial undertakings-Research and development-Technology purchased from another company-Matter remanded back to Assessing Officer to examine afresh as to whether the asseseee has carried out any scientific research and development activities independent of the technology purchased from MMB. [S. 80B(8A)]

DCM Shriram Consolidated Ltd. v. ITO. (20021) 201 DTR 113 (Delhi)(Trib.)

S. 80IA : Industrial undertakings-Market value of power sold-Captive consumption-Purchase price of electricity in the open market paid to the State Electricity Board by the manufacturing units in uncontrolled conditions is to be considered for determination of captive consumption. [S. 80IA(4) (iv), 80IA(8), 92F (ii)]

DCIT v. Balarampur Chini Mills Ltd. (2021) 211 TTJ 729 / 203 DTR 60 (Kol.)(Trib.)

S. 80IA : Industrial undertakings-Losses relating to years prior to initial year-Could not be set off against income from Windmill on or after initial year. [S. 80IA(4)]

DCIT v. Sakal Papers Ltd. (2021) 91 ITR 69 (SN) (Pune)(Trib.)

S. 80IA : Industrial undertakings-Losses relating to years prior to initial year-Could not be set off against income from Windmill on or after initial year. [S. 80IA(4)]

DCIT v. Sakal Papers Ltd. (2021) 91 ITR 69 (SN) (Pune)(Trib.)

S. 80IA : Industrial undertakings-Generation of power-Amalgamation of companies-Eligible enterprise transferred before expiry of period of exemption-Transferee Company, i.e Amalgamated company entitled to deduction. [S. 80IA(4), 80IA(12)(b)]

DCIT v. Chiripal Industries Ltd. (2021) 91 ITR 21 (SN) (Ahd.)(Trib.)

S. 80IA : Industrial Undertaking-Production of power-Assessee claiming relevant cost of power plant and recognizing revenue for generation of power and steam at specific value-No evidence to show that steam value charged from other units not at Market Value-Assessing Officer not empowered to re-compute Profit And Loss Account of eligible unit. [S. 80IA(4)]

N. R. Agarwal Industries Ltd. v. ACIT (2021) 91 ITR 503 (Surat) (Trib.)

S. 80G : Donation-Refusal to grant recognition on ground there were no noticeable charitable activities from date of formation of trust-Denial of registration is not valid-Matter remanded to CIT(E) to decide in accordance with law. [S. 12AA, 80G(5)(vi)]

Sri Saravu Mahalinga Bhat Foundation v. CIT(E) (2021) 91 ITR 33 (SN) (Bang.)(Trib.)

S. 80G : Donation-Limitation-Application moved on Ist Aug, 2019-Order passed on 19 th Feb, 2020-Limitation period expired on 28 th Feb, 2020-Order is within period of limitation-Once registration u/s 12A is granted denial of approval u/s. 80G(5) is not valid-Trust is operating from temple premises-Matter remanded. [S. 12AA, 80G(5)(vi)]

BGSAL CF TRY v. CIT (2021) 198 DTR 41 (Jaipur)(Trib.)

S. 80G : Donation-Denial of exemption-Failure to incur expenditure-Registration u/s. 12AA was granted-Matter remanded [S. 12A, 12AA, 80G(5)]

Jhalana Wildlife Research Foundation v. CIT(E) (2021) 209 TTJ 540 / 197 DTR 428 (Pune)(Trib.)