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-No addition can be made even if assessee has Permanent Establishment in India. [S. 9(1)(i)]

CIT(IT) v. Honda Motors Co. Ltd. (2020) 274 Taxman 342 (Delhi)(HC) Editorial : SLP dismissed on the ground of delay , CIT(IT) v. Honda Motors Co. Ltd ( 2021 ) 278 Taxman 272 ( SC)

S. 69 : Unexplained investments-Under invoicing-Report of Enquiry commission-Purchased ‘royalty paid’ iron ore from open market and exported same at arm’s length price, no addition could be made on ground of under-invoicing of export on basis of some report of Enquiry Commission.

PCIT v. Rawmin Mining and Ind. (P) Ltd. (2020) 274 Taxman 427 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Rawmin Mining And Industries (P.) Ltd. (2021) 277 Taxman 593 (SC)

S. 68 : Cash credits-Burden of proof-Relevant evidence produced first time before High Court-Matter remanded the Assessing Officer to consider the evidence and pass appropriate order [S.260A]

Crescent Control P. Ltd. v. ACIT (2020) 274 Taxman 403 (Uttarakhand) (HC)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Waiver of loan does not amount to cessation of trading liability neither taxable under section 41 (1) nor under section 28(iv) of the Act. [S. 28(iv)]

PCIT v. Sicom Ltd. (2020) 274 Taxman 58 (Bom.)(HC)

S. 28(i) : Business income-Real estate development-Letting out mall-Assessable as business income and not income from house property. [S. 22, 23]

CIT v. Prestige Estate Projects (P) Ltd. (2020) 274 Taxman 6 (Karn.)(HC)

S. 11 : Property held for charitable purposes-Return was not filed with in the period specified in the notice-Assessment completed denying the exemption and demand was raised-Application for condonation of delay in filing the return was pending before CBDT-Directed to decide the application for condonation of delay and the demand was stayed till the disposal of application. [S. 12AA, 119, 139, 142(1), Form No. 10B, Art. 226]

Sree Narayana Educational and Charitable Society v. CIT (2020) 274 Taxman 160 (Ker.)(HC)

S. 115O : Domestic companies – Tax on distributed profits – Buy back of shares – Approval of Scheme – Capital gains or dividend income – Direction to file an appeal before CIT (A) and also finding on merits – Decision on merit is held to be not valid – Direction to file an appeal is held to be justified. [ S. 2 (22)(d), 10 (34A), 46A, 115QA, 246A Art , 226 ]

Cognizant Technology Solutions India (P.) Ltd. v .Dy.CIT ( 2019) 181 DTR 371/ 310 CTR 515/ (2020) 269 Taxman 151 (Mad ) (HC ) Editorial: Refer Cognizant Technology Solutions India (P.) Ltd. v .Dy CIT (2020) 424 ITR 302 187 DTR 369/ 313 CTR 510 / 274 Taxman 381 (SC)

S.148: Reassessment —Notice in name of dead person — Held to be not valid — Not a defect curable under S. 292B of the Act – Intimation by legal Representative that noticee was dead is not a participation in reassessment proceedings [ S.147 , 292B Art .226 ]

Urmilaben Anirudhhasinhji Jadeja. v. ITO (2020) 420 ITR 226 / 273 Taxman 481 (Guj) (HC)

Wealth tax- Act , 1957

S.7: Value of assets – Land – Valuation date – Land sold subsequently for which agreement was entered in to before valuation date – Justified in taking the value on the basis of sale value [ S. 2(q), 27A, Urban Land (Ceiling and Regulation ) Act 1976 ]

Mahendra J. Vora v . Dy .CWT (2020) 187 DTR 25/ 313 CTR 355 (Bom)(HC) Editorial: SLP of assessee dismissed Mahendra J. Vora v. Dy.CWT ( 2022) 446 ITR 11 ( St) ( SC)

S. 133 : Power to call for information – Authorities – ITO (Intelligence ) is an authority to issue notice under section 133(6) to the assessee Co -Operative banks prior to CBDT Notification No 77 of 2014 dt 10 -12 -2014 [ S. 90, 90A, 120, 124, 133(6), 272A(2)(c)]

Enanalloor Service Co-op. Bank Ltd. v. ITO (2020) 317 CTR 191 (Ker) (HC)