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. 132B : Application of seized or requisitioned assets-Authorised Officer can retain seized assets only for fifteen days-Seized Assets must be handed over to Assessing Officer having jurisdiction over the assessee within fifteen days-Adjustment of liability out of seized assets-Liability must be determined on completion of assessment-No adjustment before completion of assessment-Kar Vivad Samadhan Scheme would stand revived [S. 132, 132 (9A), Kar Vivad Samadhan Scheme 1988].

Dr. R. P. Patel v. ADIT (Inv.) (2021)438 ITR 53 / ( 2022) 210 DTR 62/ 324 CTR 547 (Ker.)(HC)

S. 132 : Search and Seizure-Power to seize articles-Stock in trade Seizure cannot be made on mere suspicion-Explanation of assessee must be considered-Seizure was held to be illegal-Department was directed to pay interest of Rs. 1 lakh on market value of seizure of stock in trade. [S. 132(1)(iii), 132(4), Art. 226]

Harshvardhan Chhajed v. DGIT (Inv.) (2021) 438 ITR 68/ 206 DTR 97/ 322 CTR 723 (Raj.)(HC)

S. 115JB : Book profit-Banking companies-Accounts drawn in conformity with Banking Regulation Act, 1939-Not liable for minimum alternative tax.

CIT, LTU v. Vijay Bank (2021) 130 taxmann.com 148 (Karn.)(HC) Editorial : SLP was granted to revenue, CIT, LTU v. Vijay Bank (2021) 282 Taxman 296 (SC)

S. 115JB : Book profit-Write back of provision-Disputed excise duty-The denial of the benefit of writing back the provision to the assessee in these assessment years was illegal and the finding recorded by the Tribunal was valid and correct. [S.143(3)]

CIT v. Kerala Chemicals and Proteins Ltd. (2021) 438 ITR 333 (Ker.) (HC)

S. 92CA : Reference to transfer pricing officer-Opportunity of hearing-Opportunity of hearing must be given. [Art. 226]

Hitachi Hi Rel Power Electronics (P) Ltd. v. National Faceless Assessment Centre Del. (2021) 282 Taxman 520 / 205 DTR 201/ 322 CTR 593 (Guj.)(HC)

S. 92CA : Reference to transfer pricing officer-Alternative remedy-Writ is not maintainable-Corporate service-The order passed by the Tribunal in respect of reference made against an order passed under section 92CA for a particular assessment year was not binding for the subsequent assessment years. [S. 144C, 253, Art. 226]

Bonfiglioli Transmission Pvt. Ltd. v. Dy.CIT (2021) 437 ITR 251 (Mad.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Foreign Associated enterprises-Tested party-Matter remanded back to TOP. [S. 260A]

Virtusa Consulting Services (P) Ltd. v. Dy. CIT (2021) 282 Taxman 95/ 208 DTR 386/( 2022) 325 CTR 307 (Mad.)(HC)

S. 92A : Transfer pricing-Associated enterprises-Arm’s length price-Arranged price-Deletion of addition was set aside-Tribunal’s order as regards the value of scrap sales and the levy of interest and the 5 per cent. of interest income taken as expenditure was up held. [S. 10B, 92A(1), 92CA(3)]

CIT v. Tweezerman (India) Pvt. Ltd. (2021) 437 ITR 80 / 208 DTR 295/ 323 CTR 781 (Mad.)(HC)

S. 80P : Co-operative societies-Interest on deposits-Entitle to deduction. [Kerala Societies Registration Act, 1860, S. 2(19)]

PCIT v. Ettumanoor Service Co-Operative Bank Ltd. (2021) 437 ITR 305 (Ker.)(HC)

S. 80P : Co-operative societies-Entitle to deduction-Matter remanded.

PCIT v. Ponkunnam Service Co-Operative Bank Ltd. (2021)437 ITR 195 (Ker) (HC)