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. 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)

S. 28(i) : Business loss-Foreign exchange derivative loss cannot be disallowed holding it to be a speculative loss-Remand to the Assessing Officer is held to be valid. [S. 43(5)]

PCIT v. Precot Meridian Ltd. (2020) 275 Taxman 398 (Mad.)(HC)

S. 28(i) : Business loss-Investment in subsidiary-Wound up of subsidiary-Loss is allowable. [S. 37(1)]

ACE Designers (P) Ltd. v. ACIT (2020) 275 Taxman 138( 2021 )198 DTR 118 (Karn.)(HC)