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
Click here to download the pdf versions of the Digest of case laws

S. 147 : Reassessment-After the expiry of four years-Capital gains-Undisclosed investments-Sale of land-Reassessment is held to be bad in law. [S. 45, 69, 148, Art. 226]

Kantibhai Dharamshibhai Narola v. DCIT (2021) 436 ITR 302 / 125 taxmann.com 348 / 278 Taxman 322 / 203 DTR 356/ 321 CTR 595(Guj.)(HC)

S. 139AA : Return of income-Quoting of Aadhar number-Change in law or subsequent decision/judgment of a co-ordinate or larger Bench by itself cannot be regarded as a ground for review-Review petition against judgment upholding certification of Aadhaar Act as a Money Bill was to be dismissed. [Art. 110]

Beghar Foundation v. Justice K.S. Puttaswamy (2021) 278 Taxman 1 (SC.)

S. 92C : Transfer pricing-Arm’s length price-Interest rate-Accepted earlier year as well as subsequent assessment years-Revenue could not be allowed to make a departure in case of rate of interest for relevant assessment year.

CIT v. GE India Technology Centre (P) Ltd. (2021) 278 Taxman 261 (Karn.)(HC)

S. 68 : Cash credits-Foreign gifts-Gift was not genuine-Deletion was held to be not justified-Service of notice was held to be valid. [S. 148, 149]

CIT v. Bhullan Mal Gupta (2021) 125 taxmann.com 103 (P&H)(HC) Editorial : Appeal was dismissed as not pressed. Bhullan Mal Gupta (HUF) v. CIT (2021) 278 Taxman 275 (SC.)

S. 44AB : Audit of accounts-Business-Profession-Guidelines issued by the Institute of Chartered Accountants of India-Conflicting judgements of different High Courts-Transfer petition filed before Supreme Court. [Chartered Accountants Act, 1949, S. 22]

Institute of Chartered Accountants of India v. Shaji Poulose (2021) 278 Taxman 191 (SC)

S. 37(1) : Business expenditure-Research and development-Allowable as revenue expenditure.

Hindustan Aeronautics Ltd. v. ACIT (2021) 278 Taxman 266 (Mad.)(HC)

S. 37(1) : Business expenditure-Claim not made in original return-Prior period expenses-Allowable as deduction-Issue not to be remitted back to the Assessing Officer. [S. 43B, 254(1), R. 46A(3)]

CIT v. Shaw Wallace Distilleries Ltd. (2021) 278 Taxman 67 (Karn.) (HC)

S. 36(1)(vii) : Bad debt-Writing off of irrecoverable loan in books of account sufficient to claim deduction for bad debts-Money lending licence is not required to be in money lending business to claim said deduction-Matter remanded to Appellate Tribunal. [S. 37(1)]

Pranava Electronics (P.) Ltd. v. Dy.CIT (2021) 124 taxmann.com 242 / 278 Taxman 175 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Non-recording of satisfaction-Disallowance is held to be unjustified. [R. 8D]

Hindustan Aeronautics Ltd. v. ACIT (2021) 278 Taxman 266 (Mad.) (HC)

S. 12A : Registration-Trust or institution-Delay in filing Form No 10B-Denial of exemption is held to be not justified. [S. 119, Art. 226]

Sarvodaya Charitable Trust v. ITO(E) (2021) 278 Taxman 148 (Guj.) (HC)