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-Intra group services-Mandate by law-Adjudication at nil-Addition was deleted. [R.10B]

ACIT v. Anheuser Busch Inbev India Ltd. (2020) 204 TTJ 402 (Mum.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Order passed by Tribunal for earlier assessment years cannot be contradicted under identical facts. [S. 144C]

Walter Tools India Pvt. Ltd. v. ACIT (2020) 192 DTR 305 / 207 TTJ 496 (Pune)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Manufacturing segment not to be clubbed with distribution segment-Addition was confirmed.

Man Diesel & Turbo India Pvt. Ltd. v. ACIT (2020) 191 DTR 380 / 204 TTJ 999 (Pune)(Trib.)

S. 92B : Transfer pricing-No evidence to show any kind of agreement existed between the assessee and its AE towards reimbursement of AMP-Cannot be treated as an international transaction. [S. 92C]

Casio India Co. (P) Ltd. v. Dy. CIT (2020) 203 TTJ 180 (Delhi)(Trib.)

S. 80IC : Special category States-Manufacture of Perfumes and Fragrances-Eligible deduction.

ACIT v. Vasundhara Flavours (2020) 204 TTJ 663 (Delhi)(Trib.)

S. 80IB(11A) : Industrial undertaking-Business of processing, preservation and packing of fruits or vegetable eligible-Handling-Storage of grains-Basmati Rice-Entitle to deduction. [S. 80IB(2)]

DCIT v. L.T. Foods Ltd. (2020) 208 TTJ 137 (Delhi)(Trib.)

S. 80IB : Industrial undertakings-Fair market value of goods transferred to eligible units in higher terms-Claim was accepted in subsequent year-Disallowance was deleted. [S. 80IA(8), 80IB(13)]

Dharampal Satyapal Ltd. v Dy.CCIT (2020) 191 DTR 87 (Delhi)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Profit earned from operating and maintaining of the water treatment system is eligible for deduction-Profit earned from contract work is not eligible for deduction. [S. 80IA(4)]

Dy. CIT v. Waterlife India Pvt. Ltd. (2020) 192 DTR 196 / 206 TTJ 361 (Hyd.)(Trib.)

S. 74 : Carry forward of capital losses-Brought forward from sale of securities-Capital gains were not taxable in India by virtue of India-Mauritius treaty-loss has been rightly carried forward-DTAA-India-Mauritius. [Art. 13]

Goldman Sachs Investment (Mauritius) Ltd. v. Dy.CIT (2020) 194 DTR 329 / 207 TTJ 913 / (2021) 187 ITD 184 (Mum.)(Trib.)

S. 69A : Unexplained money-Survey-Unexplained cash-Availability of the cash in the books of account-Addition cannot be made. [S. 133A]

Dy.CIT v. Diamond Hut India (P.) Ltd. (2020) 206 TTJ 73 (Mum.)(Trb.)