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. 80P : Co-operative societies-Banking facilities to members-Income attributable to carrying on business of banking-Deduction allowable. [S. 80P(2)(a), 80P(2)(a)(iii), 80P(2)(a)(vi)]

Thota Uthpannagala Marata Sahakara Sangha Niyamitha v. Dy.CIT (2021) 86 ITR 134 (Bang.)(Trib.)

S. 80IC : Special category States-Manufacturing unit-Substantial expansion beyond five years-Entitle to exemption.

Quantum Power Systems v. ACIT (2021)187 ITD 523 / 86 ITR 9 (SN) (Bang.)(Trib.)

S. 80IB(10) : Housing projects-Completion Certificate-Completion Certified by Architects, planners and engineers-Delay in issue of completion certificate by local authority-Entitle to deduction-Allotment of residential members of same family-Disallowable proportionately. [S. 80IB(10)(f)]

Shipra Estate Ltd. v. ACIT (2021) 86 ITR 245 (Delhi)(Trib.)

S. 72 : Carry forward and set off of business losses-If return for which loss was claimed on due date the loss is allowed to carryforward and set off. [S.139 (1)]

A CIT v. Parag Fans and Cooling System Pvt. Ltd. (2021) 86 ITR 598 (Indore)(Trib.)

S. 69 : Unexplained investments-Post dated cheque-No evidence to show that there was transfer of money-Addition is held to be not valid.

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 69 : Unexplained investments-Finance broker-Transaction through account payee cheques-Addition cannot be made on the presumption that providing loan in cash and interest received in cash. [S. 132]

ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore)(Trib.)

S. 68 : Cash credits-Unsecured loans-Lender companies directly replying to Assessing Officer pursuant to notices and filing documents called for-Inspectors report not furnished to the assessee-Third party statement neither shown nor given an opportunity of cross examination-Addition is held to be not valid. [S. 133(6), 133A]

ACIT v. Sreeleathers (2021) 86 ITR 7 (SN) (Kol.)(Trib.)

S. 143(3) : Assessment – Protective assessment — Director – Substantive addition in hands of company deleted — Protective ssessment in hands of director not sustainable .[ S.179, 292C ]

Binu Nanu v. Dy.CIT (2020) 192 DTR 121/ 206 TTJ 854/ (2021)86 ITR 160( (Delhi)(Trib)

S. 68 : Cash credits-Share application money-Genuineness of transaction not established-Addition is held to be justified-Unsecured loan-Onus discharged-Addition is held to be not justified.[S.131]

Garima Polymers Pvt. Ltd. v. ACIT (2021) 86 ITR 261(Delhi)(Trib.)

S. 68 : Cash credits-Issue of convertible warrants-Receipt of total money over three years-Deletion of addition justified.

Dy. CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 (Delhi)(Trib.) ACIT v. Vyanktesh Plastics and Packaging Pvt. Ltd (2021) 86 ITR 174 (Indore)(Trib.) ACIT v. Famous Vanijya Pvt. Ltd. (2021)86 ITR 174 (Indore)(Trib.)