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. 133A :Power of survey –Excess stock – Surrender in the course of survey – Merely on the basis surrender made in the course of survey addition is held to be not justified- Estimated addition on net profit was also deleted . [ S.143 (3)]

Sayyed Hamid Ali v ACIT ( 2020 189 DTR 369/ 205 TTJ 453 ( Indore )( Trib)

S. 92C : Transfer pricing – Arm’s length price – CUP method – Matter remanded for fresh adjudication .

Mytex Polymers India (P) Ltd v. Dy. CIT (2020) 187 DTR 137 / 204 TJ 371 (Jaipur) (Trib)

S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ] S. 92C : Transfer pricing – Arm’s length price – TNMM – Adjustment in the Manufacturing segment of the assessee- Matter remanded to the Assessing Officer -Claim under section 10A/10B is directed to be allowed on stand alone basis . [ S.10A, 10B ]

Vishay Components India ( P) Ltd v ACIT ( 2020) 188 DTR 337 / 204 TTJ 649 ( Pune ) ( Trib)

S. 92C : Transfer pricing – Arm’s length price – Service was rendered – Addition was deleted .

Dy.CIT v. Arkadin Confer India (P) Ltd (2020) 188 DTR 238 / 204 TTJ 912 (Delhi)( Trib)

S. 80P : Co- operative societies – The activities of the assessee are interlinked with the activities of the primary co-operative societies – Entitle to deduction [ S.80P(2)]

Surrendranagar District Co-Operative Milk Producers Union Ltd v .Dy .CIT ( 2020) 187 DTR 5/ 204 TTJ 72 ( Rajkot ) (Trib)

S. 69B : Amounts of investments not fully disclosed in books of account –Burden is on the revenue to prove – Merely on the basis of stamp valuation addition cannot be made . [ S. 45, 48, 50C(2), 69 ]

B.S.Associates v. Dy.CIT ( 2020) 187 DTR 202 / 203 TTJ 728( Ahd ) (Trib)

S. 69 :Unexplained investments – Capital gains – Guidance value – Burden is on revenue – Addition cannot be made merely on the basis of stamp valuation adopted for registration purposes [ S.45, 50C , 142A ]

Saleh Mohd. Salim v. ITO (2020) 187 DTR 153 / 204 TTJ 255 (SMC) (Bang) (Trib.)

S. 69 :Unexplained investments – Penny stock –Accommodation entries – Capital gains held to be non genuine – Addition as income from undisclosed source is affirmed [ S.10 (38) , 45 ]

Ravi Bhaskar Wattamwar v. ITO (2020) 187 DTR 149 / 204 TTJ 261 (SMC) (Pune) (Trib.)

S. 56 : Income from other sources – Purchase of vacant land – Addition on the basis of guideline value – Law cannot operate in vacuum de-horse ground realities which under surrounding circumstances – Amendment is prospective -Addition was deleted. [ S. 50C, 56 (2)(vii)]

Palaniappan Lakshumanan Chettiar v. ACIT (2020) 187 DTR 169 / 204 TTJ 248 (Chennai) (Trib.)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Tax paid abroad – State (local) taxes paid by assessee in countries having DTAA with India which are not eligible for relief under s. 90 or 91 do not attract disallowance under s. 40(a)(ii)- Matter remanded to the Assessing Officer for verification – Commission payment outside India – Not liable to deduct tax at source – Purchase pf software – Matter remanded . [ S. 2(43 ), 9 (1) (vii) 37 (1), 40 (a(ii), 90, 91, 195 ]

ACIT v. Tata Consultancy Services Ltd (2020) 188 DTR 39 / 203 TTJ 146 (Mum)(Trib.)