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-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.)
S. 69C : Unexplained expenditure-Addition cannot be made only on the basis of statement of partner in the absence of any other material. [S. 131(IA)]
Kohinoor Craft v. ACIT, (2021) 213 TTJ 70 (UO) / (2022) 192 ITD 584 (SMC) (Delhi)(Trib.)
S. 69A : Unexplained money-Explanation provide by the Assessee-particular entries were recorded by the AO-proper explanation provided for the same-Addition made by the AO not sustained.
Jagmohan Kaur Bajwa (Smt.) L/H of Late Jaskiran Singh Bajwa v. ITO, (2021) 213 TTJ 558 / 206 DTR 1 / (2022) 193 ITD 46/97 ITR 149 (Chd.) (Trib.)
S. 69A : Unexplained money-Cash deposited in bank account-Received from tuition fees-Explanation not accepted-Working of peak credit-Matter remanded-Reassessment-Approval is held to be valid-Reassessment is up held. [S. 147, 148, 151]
Shyam Gidwani v. ITO (2021) 214 TTJ 862 / 208 DTR 233 / 63 CCH 155 (Jaipur)(Trib.)
S. 69A : Unexplained money-Unexplained jewellery-Family members explained the source of investment-Addition is held to be not justified-Renovation of house property out of withdrawals from bank-Addition is not valid. [S. 69C, 132, 153A]
Anila Rasiklal Mehta (Mrs.) v. Dy. CIT (2021) 214 TTJ 849 / 63 CCH 491 (Mum.)(Trib.)
S. 69 : Unexplained investments-Failure to furnish explanation for source of funds for purchase of car-Addition is justified-Income surrendered not disclosed in the return-Addition as unexplained investment is proper-Addition on account of foreign tour expenses of minor and assessee is held to be justified. [S. 69C, 132(4)]
Gautam Kumar v. ACIT (2021) 91 ITR 28 (SN) (Delhi)(Trib.)
S. 69 : Unexplained investments-Failure to explain the source of investment-Addition is confirmed-Delay in filing of appeal is condoned. [S. 254(1)]
Parminder Kaur v. ITO (2021)91 ITR 216 (Amritsar)(Trib.)
S. 69 : Unexplained investments-Acquisition and sale without consideration-Transferred by uncle is retransferred-Addition is held to be not justified.
Baljit Singh Bachal v. ITO (2021) 207 DTR 121 / 91 ITR 100 / 214 TTJ 220 (Chd.)(Trib.)