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. 144 : Best judgment assessment – Addition made cash deposited during demonetization period. – Addition on account of business income – Violation of principle of natural justice –
Matter remanded to Assessing Officer [ S.142 (1), Art , 226 ]

Kandan & Kannan Medical Agency v. ITO (2020) 194 DTR 172 (Mad) (HC)

S. 92C : Transfer pricing – Arm’s length price – Comparable – Test of functional similarity applied by Tribunal is in consonance with legal position discussed herein above— Order of Tribunal is affirmed [ S.92B(2), 260A ]

PCIT v. Open Solutions Software Services P. Ltd. (2020) 191 DTR 76 / 315 CTR 497 (Delhi) (HC )

S. 80G : Donation -Renewal of exemption is held to be justified [ S. 11, 12A, 80G (5)(iii) ]

DIT(E) v. C.B.C.I. Society for Medical

S. 50B : Capital gains – Slump sale – Complete code – Deletion of addition is held to be valid [ S. 2(19AA), 2(42C), 48, 49 ]

PCIT v. Wockhardt Hospitals Ltd. (2020) 192 DTR 289 / 316 CTR 157 (Bom.) (HC)

S. 47(v) : Capital gains – Transaction not regarded as transfer – Subsidiary to holding company – Not necessarily whole of the shares of the subsidiary company is held by holding company – A construction which results in rendering a provision redundant must be avoided – Entitle to exemption . [ S.47 (iv)]

CIT v. Shardlow India Ltd. (2020) 193 DTR 73 / 316 CTR 297 (Mad)(HC)

S. 37(1) : Business expenditure – Discount to custoners – Higher percentage than discount granted earlier year – Disallowance is arbitrary – Income- tax Authorities must put themselves in the shoes of the assessee and see how a prudent businessman would act -Books of account not rejected – Allowable as business expenditure .

Tristar Motors v. ACIT (2020) 196 DTR 209 (Karn) (HC)

S. 37(1) : Business expenditure – Deferred revenue expenditure – Advertisement publicity and sales promotion – Allowable in the year it was incurred .

CIT v. Godrej Foods Ltd. (2020) 193 DTR 212 / (2021) 318 CTR 506 (MP)(HC)

S. 37(1) : Business expenditure – Provision for warranty – Held to be allowable as deduction .

CIT v. Amco Batteries Ltd. (2020) 193 DTR 169/316 CTR 772 (Karn) (HC)

S. 28(i) : Business income – Income derived from letting out of property to the tenants as income from business in the hands of the owner of the property- Assessable as business income [ S.14A, 22, 56 ]

CIT v. Tidel Park Ltd. (2020) 195 DTR 356 (Mad) (HC)

S .14A : Disallowance of expenditure – Exempt income – Non recording of satisfaction – No disallowance can be made [ R.8D ]

PCIT v. CIMS Hospital P. Ltd. (2020) 193 DTR 275 / (2021) 318 CTR 349 (Guj.)(HC)