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. 144 : Best judgment assessment-Assessment order passed without issue of notice u/s 143(2) of the Act was held to be bad in law. [S. 143(2)]

SBG Infrastructure LLP. V. DCIT (2021) 191 ITD 400 (Ahd.)(Trib.)

S. 143(3) : Assessment-Cash credits-Cash deposited in the bank-Accommodation entries-No return was filed-Justified in treating the entire deposit as turnover and estimating the net profit at 5 percent-Reassessment was held to be justified. [S. 68 147, 148]

Uma Mandal (Smt.) v. ITO (2021) 191 ITD 212 (Jaipur)(Trib.)

S. 143(2) : Assessment-Notice-Notice was issued after statutory limit-Order null and void ab initio. [S. 69A, 132]

Harman Singh Dhingra v. ACIT (2021) 191 ITD 687 / 92 ITR 133 / (2022) 215 DTR 329 (Delhi)(Trib.)

S. 115JB : Book profit-Debenture redemption reserve (DRR), Amount could not be considered as reserve-To be excluded while computing book profit-Capital gains on transfer of assets and investment should be included while computing book profit. [S. 45, Companies Act, 1956, S. 117C]

ACIT v. India Power Corporation Ltd. (2021) 191 ITD 250 (Kol.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Manufacturing and trading of light commercial air-conditioning systems-Methods-Transactional Net Margin Method (TNMM)-Other method-MAM-Rule of consistency was followed-Directed to other method.

Carrier Midea India (P.) Ltd. v. DCIT (2021) 191 ITD 286 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Turnover filter-Having small turnover-Cannot be compared with giant companies having huge turnover-Matter remanded.

Kumaran Systems (P.) Ltd. v. DCIT (2021) 191 ITD 514 (Chennai) (Trib.)

S. 70 : Set off of loss-One source against income from another source-Same head of income-Long term capital loss-Non-Resident-ownership of shares was transferred-consideration was paid and transaction was complete-Benefit of long-term capital loss set-off cannot be denied. [S. 45]

Michael E Desa v. ITO(IT) (2021) 191 ITD 691 / 206 DTR 114 / 213 TTJ 753 (Mum.)(Trib.)

S. 69A : Unexplained money-Search and Seizure-Jewellery seized-Below limit prescribed by CBDT Circular No 1916, dt. 11-5-1994-Addition was deleted. [S. 132]

Ankit Manubhai Kachadiya v. DCIT (2021) 191 ITD 618 (Surat) (Trib.)

S. 68 : Cash credits-Non-Resident-Remittance from abroad-Money brought in India for investment-Addition cannot be made as cash credits. [S. 5]

Iqbal Ismail Virani v. ITO (IT) (2021) 191 ITD 316 / 87 ITR 654 / 211 TTJ 913 / 204 DTR 354 (Panaji)(Trib.)

S. 68 : Cash credits-Share application and share premium-Received earlier year-Addition cannot be made in the current financial year.

Geeri Fashion (P.) Ltd. v. ITO (2021) 191 ITD 155 (Surat)(Trib.)