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. 92C : Transfer pricing-Arm’s length price-Order passed without giving any finding-Matter remanded. [S. 254(1)]

Mahle Behr India Ltd. v. DCIT (2021) 188 ITD 769 (Pune)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Interest free loan to Associated enterprises-Libor rate is to be applied-Corporate guarantee-Guarantee commission/fee to be charged at 0.5 per cent. [S. 92B]

Rosy Blue (India) (P.) Ltd. v. DCIT (2021) 188 ITD 909 (Mum.) (Trib.)

S. 80IC : Special category States-Substantial expansion-entitle to deduction. [S. 80IC(8)(ix)]

ACIT v. Vanesa Cosmetics (2021) 188 ITD 787 / 212 TTJ 712 / 204 DTR 393 (Delhi)(Trib.)

S. 73A : Carry forward and set off of losses by specified business-Loss can be set-off another unit which was not eligible for deduction.

Sarovar Hotels (P.) Ltd. v. DCIT (2021) 188 ITD 498 (Mum.)(Trib.)

S. 73 : Losses in speculation business-Purchase and sale of securities-Loss on account of its clients-Loss cannot be treated as speculative in nature. [S. 28(i)]

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 56 : Income from other sources-Shares at premium-Valuation was done as per the certificate of the Chartered Accountant-Addition was held to be not justified. [S. 56 (2)(viib), R. 11UA]

Mantram Commodities (P.) Ltd. v. ITO (2021) 188 ITD 687 (Delhi)(Trib.)

S. 56 : Income from other sources-Shares issued at premium-Valuation report from Chartered Engineer-Report was not filed at the time of original assessment proceedings however the report was filed before Commissioner (Appeals)-Addition was held to be not justified. [S. 56 (2)(viib), Rule, 11UA]

Sri Sakthi Textiles Ltd. v. DCIT (2021) 188 ITD 946 / 212 TTJ 917 / 204 DTR 220 (Chennai)(Trib.)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Payment of commission to agent for purchase of property is allowable as deduction-Cost of construction to developer is to be treated as full value of consideration-Received his share and allotted constructed area-Taxable in the assessment year 2012-13. [S. 2(47), 45, 48]

N.A. Haris. v. ACIT (2021) 188 ITD 517 / 210 TTJ 273/ 206 DTR 180 (Bang.) (Trib.)

S. 55 : Capital gains-Cost of improvement-Cost of acquisition-Bombay stock exchange membership card-Indexation of card to be taken from the year 2005-06. [S. 45]

DCIT v. Edelweiss Financial Advisors Ltd. (2021) 188 ITD 834 (Ahd.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence More than one house-Prior to 1-4-2015-Eligible exemption. [S. 45]

Nilufer Sayed v. ITO (2021) 188 ITD 603 (Mum.)(Trib.)