Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Fiserv India Pvt. Ltd. v. ACIT (2021) 88 ITR 217 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Software development service-Comparable-Companies providing software development services as well as sale of software products-Directed to exclude from the final set of comparbles. [S. 92CA(3)]

ACIT v. Lifestyle International (P.) Ltd. (2021) 88 ITR 79 (Bang.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Payment of professional fees-No adjustment required-Assessing Officer cannot disallow expenses. [S. 37(1)]

KEC International Ltd. v. Dy. CIT (2021) 88 ITR 246 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Advances to associated enterprises-No interest chargeable-No adjustment is required-Performance bank guarantees-Commission was paid by its subsidiary-No adjustment required. [S. 92CA]

Dy. CIT v. Altisource Business Solutions P. Ltd. (2021) 88 ITR 135 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparables-Functional dissimilarity-Excluded. [S. 92CA]

Sobha City v. ACIT (2021) 88 ITR 337 (Bang.)(Trib.)

S. 92BA : Transfer pricing-Reference to transfer pricing officer was held to be not valid-Directed to re-examine the issue in terms of section 40A(2)(b) of the Act. [S.40A(2)(b)]

Om Sat Sanatan Geeta Bhawan Trust v. CIT(E) (2021) 88 ITR 764 (Chd.)(Trib.)

S. 80G : Donation-Religious trust-providing accommodation to persons propagating and disseminating Dharmik Shiksha in society as a whole-Not to particular community or religion-Denial of approval was held to be not valid-Directed to grant approval. [S. 12AA]

Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)

S. 72 : Carry forward and set off of business losses-Unabsorbed depreciation loss-Carried forward business loss and unabsorbed depreciation loss should be allowed in accordance with law. [S. 32(2)]

Shanti Enterprises v. Dy. CIT (2021) 88 ITR 31 (SN) (Surat)(Trib.)

S. 69A : Unexplained money-Survey-Undisclosed income was offered net of expenses excluding expenses claimed in profit and loss account-Set off of business loss and depreciation is to be allowed-Matter remanded. [S. 32, 72, 133A]

ITO v. Angel Cement Pvt. Ltd. (2021) 88 ITR 616 (Delhi)(Trib.)

S. 68 : Cash credits-Rotation of disclosed funds between group entities-Addition cannot be made as cash credits-Proof of creditworthiness was supplied-Addition cannot be made without making further enquiry. [S. 133(6)]

Prima P. Ltd. v. ACIT (2021) 88 ITR 45 (SN) (Pune)(Trib.)

S. 54EC : Capital gains-Investment in bonds-Invested Rs.50 lakhs in two different financial years-Entitle to deduction in both the years-Amendment is effective from assessment year 2015-16 and not applicable to earlier years. [S. 45]