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. 68 : Cash credits-Share capital-Identity, creditworthiness and genuineness established-Addition deleted-Enhancement by CIT (A) was quashed. [S. 131, 251(2)]

Matarani Vintrade Pvt. Ltd. v. ITO (2020) 84 ITR 432 (Kol.)(Trib.)

S. 68 : Cash credits-Issue of shares at premium-Based on share valuation-Identity and creditworthiness is established-Addition is held to be not valid. [S. 133(6)]

Dy.CIT v. Garg Acrylics Ltd. (2020) 84 ITR 537 (Delhi)(Trib.)

S. 56 : Income from other sources-Real estate developer-Stock in trade-Capital asset-Consideration less than stamp valuation-Addition cannot be made. [S. 2(14), 56(2)(vii)(b)]

CIT v. Ashok Agarwal (HUF) (2020) 84 ITR 54 / 207 TTJ 608 (Jaipur)(Trib.)

S. 54F : Capital gains-Investment in a residential house-Ex parte order-Farmer and Senior citizen-Matter remanded. [S. 254(1)]

Pyare Lal Saini v. ITO (2020) 84 ITR 428 (Jaipur)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Two residential units modified to one-Entitle to exemption. [S. 45]

Vijay Kumar Wanchoo v. ITO (2020) 84 ITR 268 / (2021) 187 ITD 283 (Delhi)(Trib.)

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Interest free funds-Advance of loan-No disallowance can be made.

CIT v. Ashok Agarwal (HUF) (2020) 84 ITR 54 / 207 TTJ 608 (Jaipur)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Export of computer software-Disallowance would increase profits of business eligible for deduction-Validity of initiation of reassessment proceedings not adjudicated. [S. 10A, 10AA, 147, 148, 195]

JCIT v. Mphasis Ltd. (2020) 84 ITR 630 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Freight payment to Transporters-Each goods receipt below prescribed limit-Not liable to deduct tax at source. [S. 194C]

Bal Krishan Sood v. ITO (2020) 84 ITR 307 (Chand.)(Trib.)

S. 37(1) : Business expenditure-Corporate social responsibility-Payments made to church, Police station, summits, Schools, Etc. are cannot be considered as corporate social responsibility-Disallowance is proper. Not Been Spent On Corporate Social Responsibility.

Vedanta Ltd. v. ACIT (2020) 84 ITR 84 (Delhi)(Trib.)

S. 37(1) : Business expenditure-Failure to furnish C Forms-Disallowance-Payment For Violation Of Law-Sales Tax On Inter-Delay in depositing Sales Tax, Excise and Customs duty and Service Tax-Differential amount deposited with interest-Not penalty-Allowable as revenue expenditure. [Central Sales Tax Act, 1956]

GEM Electro Mechanicals Pvt. Ltd. v. ACIT (2020) 84 ITR 1 / (2021) 187 ITD 361 (Jaipur)(Trib.)