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. 144B : Faceless Assessment – Natural justice -Variation in taxable income – Order passed without according a personal hearing – Order vitiated -Order was set aside.[ S. 143(3), 144B(7) (vii), 156 , 270A , Art. 226 ]

Balraj Hire Purchase (P) v. National Faceless Assessment Centre (2021) 281 Taxman 583 (Delhi.) (HC)

S. 143(3): Assessment – Cash credit – Personal hearing was not given – Violation of principle of natural justice – Order was set aside. [ S.68, 220 ]

DJ Surfactants v. National E-Assessment Centre, ITD (2021) 437 ITR 519/ 281 Taxman 316 (Delhi.) (HC)

S. 143(2) : Assessment – Notice – Additions are made without issue of notice – Matter was remanded [ S. 143 (3) ]

Karnataka State Industrial and Infrastructure Development Corporation Ltd v. Dy. CIT (2021) 281 Taxman 312 (Karn.) ( HC)

S. 115JB : Book profit – Exempt income – Disallowance of expenditure made under section – No addition can be made while computing book profits-Reduction of provision for bad and doubtful debt written back- Addition cannot be made for purpose of computing book profit . [ S.14A, 36( 1) (vii) ]

Karnataka State Industrial and Infrastructure Development Corporation Ltd v. Dy. CIT (2021) 281 Taxman 312 (Karn.) ( HC)

S. 115JB : Book profit – Power generating company –Additional ground – Provision is not applicable .[ S. 254(1) ]

CIT v. Karnataka Power Corporation Ltd. (No. 2) (2021)436 ITR 292 / 281 Taxman 600 (Karn) ( HC)

S. 115A : Foreign companies – Tax – Royalty –Entitled to adopt rate of tax payable on royalty income in respect of both agreements entered into before 1-6-2005 as on or after 1-6-2005 as per provisions of section 115A(1)(b) or provisions of Article 12 of Indo-US DTAA, which were more beneficial- DTAA -India -USA [ S.90 , Art , 12 ]

CIT (IT) v. IBM World Trade Corporation (2021) 281 Taxman 265 (Karn.) (HC)

S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ] S. 80P : Co-operative societies – Credit society – Credit facility to its members – Exemption allowable [ S.80P(2)(a)(i) ]

PCIT v. Quepem Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 /281 Taxman 245 / 203 DTR 141 (Goa) (Bom.) (HC)/VPK Urban Co-Operative Credit Society Ltd. (2021) 438 ITR 631 / 203 DTR 141 / 281 Taxman 245 (Goa ) (Bom) (HC)

S. 49 : Capital gains – Previous owner – Cost of acquisition – Indexation – Inheritance – Indexed cost of acquisition has to be computed with reference to year in which previous owner first held asset and not year in which assessee became owner of asset- Property outside India – Entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 entitled to exemption under section 54 where investment in purchase of flat outside India was prior to 1-4-2015 [ S. 2(42A, )45, 48(iii) ,49(1)(iii)(a), 54, 54F ]

CIT v. Saroja Naidu (2021) 281 Taxman 305 (Mad.) (HC )

S. 43(5) : Speculative transaction – Foreign exchange fluctuation – Forward contract- Not speculative in nature – Allowable as revenue expenditure [ S.37 (1) ]

PCIT v. Mphasis Ltd. (2021) 281 Taxman 206 (Karn.) (HC)

S.37(1): Business expenditure – Monetary incentive to its members – Allowable as deduction

Karnataka State Co-op. Apex Bank Ltd v. Dy. CIT (2021) 281 Taxman 2 / 207 DTR 351/ 323 CTR 730 (Karn.)