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. 68 : Cash credits-Gold smith-Depositing cash in the Bank-Cash withdrawal-Marriage gifts-one third of deposit was accepted as withdrawal-Remanded for verification.

Venkatesh Soutoor v. ITO (2021) 87 ITR 36 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Shares allotted-Investment by managing director-Discharged the burden-Addition held to be not valid.

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 68 : Cash credits-Investment in earlier years-Selling during the year-Addition cannot be made. [S. 132]

USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 68 : Cash credits-Unsecured loan-Confirmation and bank statement was filed-Interest was paid after deduction of tax at source-Addition was held to be not valid. [S. 12AA]

Society For Institute For Professional Studies v. JCIT (2021) 87 ITR 269 (Delhi)(Trib.)

S. 45 : Capital gains-Full value of consideration-Addition cannot be made on the basis of receipts shown in form No 26AS-Transfer-Matter remanded to verify whether there was transfer of land in Terms of Section 53 A of transfer of property. [S. 2(27)(v), Transfer of property Act, 1882, S. 53A]

Jaya Prakash v. ITO (2021) 87 ITR 64 (SN) (Bang.)(Trib.)

S. 44AD : Presumptive taxation-Contract receipts-Contract and sub-contract-Income to be estimated at 8 percent on contract receipt and 5 percent on sub-contract receipts only-Scrap sales to be treated as business receipts taxable at 8 percent.

TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)

S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Not claimed as expenditure-Books of account not rejected-No disallowance can be made-Additional payment for purchase of land-Deduction not claimed-No disallowance can be made. [S. 37(1), 145]

USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source Tax deducted from payments to contractor-Tax was deposited with interest for delay prior to competition of assessment-Disallowance is not justified. [S. 37(1), 201(IA)]

Srabani Constructions Pvt. Ltd. v. ACIT (2021) 87 ITR 7 (SN) (Cuttack) (Trib.)

S. 37(1) : Business expenditure-Interest rate hedging contract-Underlying transaction was interest payable on loan-Loss or gain from interest rate swap arrangement is revenue.

Dy. CIT v. Sisecam Flat Glass India Ltd. (2021) 87 ITR 1 (SN) (Kol.) (Trib.)

S. 37(1) : Business expenditure-Provision for warranty claims-Estimate of provision on basis of past historical trend of warranty claims not reliable-Provision not allowable. [S. 145]

Senior India P. Ltd. v. Dy.CIT (2021) 87 ITR 62 (SN) (Delhi)(Trib.)