Author: ksalegal

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CIT v. Syndicate Bank (2020) 186 DTR 200 / 313 CTR 576 (Karn.) (HC)

S. 115JA : Book profit–Banking company–Provision is not applicable.

PCIT v. Texport Overseas Pvt. Ltd. (2020) 186 DTR 50 / 313 CTR 485/ 271 Taxman 170(Karn.)(HC)

S. 92CA : Reference to transfer pricing officer–Clause(i) of Section 92BA of the Act had been omitted by Finance Act, 2017 w.e.f. 01.04.2017 and as such it came to be held that proceedings would lapse. [S. 92BA)]

PCIT v. Merck Ltd. (2020) 185 DTR 401 / 312 CTR 242/ 275 Taxman 181/ ( 2021 ) 434 ITR 596 (Bom.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Granting adjustment of 10% on account of quality difference and deleting the addition made by TPO/AO by applying CUP to arrive at ALP in respect of Bisoprolol-Held to be valid. [S. 10B(1)(a)(ii), 260A]

PCIT v. Laxmi Electronic (2020) 186 DTR 373 / 312 CTR 310 (Uttarakhand) (HC)

S. 80IC : Special category States–Profit of undertaking is eligible for deduction–Disallowance of purchase is held to be not valid. [S.80A(5)]

Court on its own Motion ( Bom) (HC ) www.itat online .org.

Constitution of India

362 : Corona Virus Lockdown Crisis – Extension of interim orders – Expiring before 30 -04 -2020 – Shall continue to operate till then – Interim orders which are not granted for limited duration are to operate till further orders shall remain unaffected by this order .[ Art . 226, 227 ]

CIT v. Endeka Ceramics (India) Pvt. Ltd. (Formerly Johnson Mathey Ceramics India Ltd.) (2020) 423 ITR 117/ 186 DTR 369 / 313 CTR 238 (Karn.)(HC)

S. 80IA : Industrial undertakings–Back ward area-Not located in the industrial backward district which has been mentioned in the notification issued by the Central Govt-Not entitle to deduction. [S. 80HH(2), 80IA(2)(iv)(c)]

Softzone Tech Park Ltd. v. CBDT (2020) 421 ITR 398 / 185 DTR 92 / 312 CTR 289 (Karn.)(HC)

S. 80IA : Industrial undertakings–Writ of mandamus or otherwise to respondent to notify the Industrial Park of the petitioner under Rule 18C of the Income Tax Rules, 1962. [S. 80IB (10), Art. 226]

PCIT v. Medley Pharmaceuticals Ltd. (2020) 185 DTR 213/ 317 CTR 599 (Bom.) (HC)

S. 80IA : Industrial undertakings–Separate and independent unit-Common excise registration-Common electricity-Common water connection-Not an extension of existing units-Different products manufactured–Written down value of machinery transferred was less than 20 % of the value. [S. 80IB]

PCIT v. Arvind N. Nopany (2020) 185 DTR 369 / 313 CTR 87 (Guj.) (HC)

S. 56 : Income from other sources–Relative–Gift from brother in law is relative-Cash credits–No addition can be made as cash credits–Genuineness is established. [S. 56(2)(vii), 68, 132]

ACIT v. Alfran Construction Pvt. Ltd. (2020) 186 DTR 53/ 313 CTR 365 (Bom.) (HC)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Provisions are not applicable where neither the assessee nor the party engaged by assessee was a contractor-No disallowances can be made. [S. 194(c)]