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-Bogus purchases-Trading in ferrous and non-ferrous metal-Stock register produced-Deletion of addition is held to be justified-No question of law. [S.260A]

PCIT v. Sandeep P. Shah (2021) 124 taxmann.com 206 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Sandeep P. Shah (2021) 277 Taxman 395 (SC)

S. 68 : Cash credits-Purchase of scrap-Recalling the order is held to be justified-Deletion of addition is held to be justified. [S. 133(6), 254(2)]

CIT v. Shree Ganesh Ventures (2021) 277 Taxman 416/ 205 DTR 479 (Mad.)(HC)

S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Tribunal-Duties-Tribunal was not justified in remanding the matter to the Assessing Officer-Order of CIT(A) confirming the addition was affirmed-Order of Tribunal set aside. [S. 10(38), 45, 254(1)]

CIT v. Manish D. Jain (HUF) (Mrs.) (2021) 277 Taxman 604 (Mad.)(HC)

S. 57 : Income from other sources-Deductions-Interest paid on loans from relatives-Matter reamended. [S. 57(iii)]

Rajendra Kumar Jain v. ITO (2021) 277 Taxman 236 (Mad.)(HC)

S. 54EC : Capital gains-Investment in bonds-Amendment Restricting the investment to 50 lakhs is prospective in nature [S. 45]

CIT v. Neena Krishna Menon (Smt.) (2021) 277 Taxman 211 (Karn.)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Amount spent on construction-Mere non compliance of a procedural requirement, exemption should not be denied-Order of single judge is affirmed by division Bench. [S.45, 54(2)]

CIT v. Venkata Dilip Kumar (2021) 437 ITR 137/ 277 Taxman 463/ 201 DTR 9/ 320 CTR 520 (Mad.)(HC)

S. 43(1) : Actual cost-Financial assistance for rehabilitation of tsunami damaged roads and bridges, ports and harbours-Interest free loan-Not to be reduced from actual cost. [S.32, 43(1), Explanation 10.]

CIT v. Tamilnadu Martime Board (2021) 277 Taxman 15 / 323 CTR 987(Mad.)(HC)

S. 41 (2) : Profits chargeable to tax-Business loss-Balancing charge-Block of assets-Winding up-Sale value less than written down value-Allowable as business loss. [S. (2(11), 28 to 44DB, 50]

Share Aids (P.) Ltd. v. ITO (2021) 277 Taxman 517/319 CTR 177 /198 DTR 63 (Mad.)(HC)

S. 37(1) : Business expenditure-Postage, stationery, courier charges, etc., cost of which were to be recovered from various clients-Allowable as business expenditure.

Share Aids (P.) Ltd. v. ITO (2021) 277 Taxman 517 / 319 CTR 177/198 DTR 63 (Mad.)(HC)

S. 36(1)(vii) : Bad debt-TDS payment-Sales promoters-Order of Tribunal allowing the claim as bad debt is affirmed. [S. 260A]

CIT v. Shaw Wallace Distilleries Ltd. (2021) 277 Taxman 145 (Karn.)(HC)