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. 194H : Deduction at source-Commission or brokerage-Sale of sim cards / recharge coupons at discounted rate to distributors-Not commission-Not liable to deduct tax at source. [S. 201]

CIT v. Idea Cellular Ltd. (2021) 125 taxmann.com 171 (Bom.)(HC) Editorial : SLP granted to the revenue, CIT (TDS) v. Idea Cellular Ltd. (2021) 278 Taxman 188 (SC)

S. 158BD : Block assessment-Undisclosed income of any other person-Additions cannot be made merely on the basis of presumptions. [S. 69C, 132, 158BC]

CIT v. Jeet Construction Company (2021) 124 taxmann.com 526 (All.)(HC) Editorial : SLP of revenue dismissed, CIT v. Jeet Construction Company (2021) 278 Taxman 293 (SC)

S. 147 : Reassessment-Firm-Remuneration-Not received any interest or remuneration-Notice for reopening of assessment is held to be not justified. [S. 10AA, 148, Art. 226]

Devenbhai Mafatlal Patel v. ACIT (2021) 278 Taxman 198 / 199 DTR 298 / 318 CTR 722 (Guj.)(HC)

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)