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. 143(3) : Assessment-Computation of capital gains-Valuation of property-Alternative remedy-Writ petition was dismissed. [S. 45, 50C, 55A, 246A, Art. 226]

Rajeshwari Iyer v. ITO (2021) 279 Taxman 472 / (2022) 214 DTR 248/ 329 CTR 729(Mad.)(HC)

S. 139 : Return of income-Extension of time for filing-Audit report-Govid-19-Impossibility for tax practitioners to complete audit work-CBDT was directed to take decision on extension of date. [S. 44AB, Art. 226]

All Gujarat Federation of Tax Consultants v. UOI (2021) 279 Taxman 382 (Guj.)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Non-automatic approval-Requirement that a unit not to occupy more than 50 per cent of area did not apply-Entitle to deduction.

CIT v. Primal Projects (P.) Ltd. (2021) 279 Taxman 415 / 203 DTR 167 (Karn.)(HC)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission paid-Export of software-Not liable to deduct tax at source-DTAA-India-Switzerland. [S. 5(2), 9(1)(vii), 195, Art. 12]

Device Driven (India) (P) Ltd. v. CIT (2021) 279 Taxman 302/ 208 DTR 413/ 323 CTR 333 (Ker.)(HC)

S. 37(1) : Business expenditure-Sales commission-Failure to prove service rendered-Disallowance is held to be justified.

Chariot International (P.) Ltd. v. Dy. CIT (2021) 279 Taxman 477 (Karn.)(HC)

S. 37(1) : Business expenditure-Compensation paid to employee through trust-Allowable as revenue expenditure. [S. 36(1)(iv), 36(1)(v), 40A(9)]

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)

S. 32 : Depreciation-Road developed and maintained by it-Entitle to depreciation at 10 percent-Depreciation on Lease hold rights in land-Matter remanded back to Assessing Officer with the direction to analyse contents of agreement entered in to between assessee and SIPCOT and not go merely by nomenclature or title of document.

CIT v. Tamilnadu Road Development Company Ltd. (2021) 436 ITR 323 / 279 Taxman 125 (Mad.)(HC)

S. 22 : Income from house property-Building under construction-Pendency of an occupancy certificate-Addition cannot be made on notional basis. [S. 23]

Brigade Enterprises Ltd. v. ACIT (2021) 279 Taxman 219 (Karn.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Provision would not be applicable if there was no exempt income earned by assessee during year. [R.8D]

CIT v. Tamilnadu Road Development Company Ltd. (2021) 436 ITR 323 / 279 Taxman 125 (Mad.)(HC)

S. 14A : Disallowance of expenditure-Exempt income-Ad-hoc disallowance cannot be made.

Wipro Ltd. v. Addl. CIT (2021) 279 Taxman 203 (Karn.)(HC)