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. 145A : Method of accounting-Valuation-Excise duty-Excisable goods manufactured and lying in stock, excise duty element is not to be included in valuation of closing stock.

CIT v. SPR Group Holdings P. Ltd. (2020) 275 Taxman 215 (Karn.) (HC)

S. 144C : Reference to dispute resolution panel Limited remand by the Appellate Tribunal-Order structured on wrong legal premises-Alternative remedy is not a bar-Order quashed and directed to pass the order in accordance with the direction of the Appellate Tribunal. [Art. 226]

Wipro GE Health Care Pvt. Ltd. v. Dy. CIT (2020) 275 Taxman 163 / (2021) 197 DTR 356 / 319 CTR 324 (Karn.)(HC)

S. 139 : Return of income-Mandatory file E. fling of return-Notice issued to Additional Solicitor General of India. [Rule 12, Art. 226]

City Industrial Development Corporation of Maharashtra Ltd. v. ACIT (2020) 275 Taxman 50 (Bom.)(HC)

S. 132B : Application of seized or requisitioned assets-Recovery of tax-Money seized by police and deposited in Court-Remedy to the Assessing Officer to apply appropriate Court. [S. 226 (4), Art. 226]

UOI v. Hashir and Ors. (2020) 275 Taxman 568 / (2021) 432 ITR 465 (Ker.)(HC)

S. 115WB : Fringe benefits-Expenditure incurred in imparting in-house training to employees Loan obtained for car and maintenance expenditure Excluded from ambit of fringe benefit tax.

CIT v. IBM India (P) Ltd. (2020) 275 Taxman 610 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Functionally similarity-Activities of merchant banker cannot be acceptable as comparable.

PCIT v. AGM India Advisors P. Ltd. (2020) 275 Taxman 71 / (2021) 200 DTR 145 / 320 CTR 98(Bom.)(HC)

S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Matter remanded to verify whether conditions laid down in section 72A(2) which are mandatory. [S. 72A(2)]

CIT v. Indus Fila Ltd. (2020) 275 Taxman 403 (Karn.)(HC)

S. 68 : Cash credits-Failure to give an opportunity of cross examination-Tribunal remanding the matter to CIT (A)-Order of Tribunal is affirmed. [S. 254 (1)]

Ponmani Suresh v. Dy. CIT (2020) 275 Taxman 20 (Mad.)(HC)

S. 48 : Capital gains-Cost of acquisition-Encumbrance-Property received under settlement deed-Land mortgaged to bank-Proportionate OTS amount paid to clear encumbrances allowable as deduction. [S. 45, 49, 55]

N. Rajarajan v. ACIT (2020) 275 Taxman 196 (Mad.)(HC)

S. 45 : Capital gains-Investment in shares-High turnover of shares-Assessable as capital gains and not as business income. [S. 28(i)]

PCIT v. Gujrat Fluorochemicals Ltd. (2020) 275 Taxman 366 (Guj) (HC)