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. 80G : Donation -Expenditure on corporate social responsibility — Denial of deduction is held to be not justified – CIT (A ) has the power to entertain the claim though not made in the return or revised return [ S.254 (1) ]
FNF India P. Ltd. v ACIT (2021)85 ITR 18 (SN)(Bang) (Trib)
S.69C:Unexplained expenditure — Personal household expenses — Joint family — Expenses reduced by 50 Per Cent.
Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)
S.68: Cash credits – Loan received through proper banking channel — Addition is held to be not justified .
Shri Anant Steel Pvt. Ltd. v. ITO (2021)85 ITR 60 (SN)(Delhi) (Trib)
S. 68 : Cash credits – Share Premium — Additional evidence – Assessing Officer was not given sufficient time – Matter remanded [ S.133 (6) R.46A ]
Dy. CIT v. Pipal Tree Ventures Pvt. Ltd. (2021) 85 ITR 78/199 DTR 129 (SN)(Mum) (Trib)
S.56: Income from other sources – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ] S.56: Income from other sources – Large share premium —Unquoted Equity Shares Discounted Free Cash Flow Method – Addition is not sustainable [ S. 56(2)(viib), R.11UA ]
Spooner Industries P. Ltd. v ITO (2021) 85 ITR 44 (SN)(Delhi) (Trib)
S.54F : Capital gains- Investment in a residential house -No clarity as regards date of utilisation of amounts and when assessee incurred expenditure for registration of property — Matter remanded to Assessing Officer for examination [ S.45 ]
Rajyalakshmi Reguraj v. ITO (2021) 85 ITR 20 (SN)(Bang) (Trib)
S. 54 : Capital gains – Profit on sale of property used for residence – All flats received from builder under joint development agreement situated in same premises —Entitled to exemption on entire built-up area received [ S. 2(47)(v), 45, 54F ]
Maurice Patrick De Rebello v .ITO (2021)85 ITR 17 (SN)(Bang) (Trib)
S.48 : Capital Gains — Computation – Cost of acquisition — Shares — Interest on investment disallowed will be part of cost of acquisition of shares for determining profit on sale of shares [ S.45, 57 ]
Sudhir S. Mehta v. Dy. CIT (2021) 85 ITR 8 (SN)(Mum) (Trib)
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Rent paid to daughter of managing Director- Matter remanded to the Assessing Officer [ S.40A(2)(b) ]
United Telelinks (Bangalore) Ltd. v. Dy. CIT (2021) 85 ITR 36 (SN)(Bang) (Trib)
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -775 Per Cent. increase in remuneration to Directors —Assessing Officer not pointing out comparables to demonstrate that salary paid to directors was excessive — No evasion of tax – CBDT circular No. 6-P dated July 6, 1968 is binding – No disallowance can be made [ S.40A(2)(b) ]
Orange Associates Pvt. Ltd. v. ACIT (2021)85 ITR 33 (SN)(Delhi) (Trib)