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. 115WB : Fringe benefits-Sponsoring students for higher education-No relationship of employer and employee-Amounts spent on bundling of product-Not liable to be assessed as Fringe benefits-Reimbursement of medical expenses to employees in excess of fifteen thousand rupees liable to Fringe benefits. [S.17(2)(v)]

CIT v. Wipro Ltd. (2021) 430 ITR 34/ 279 Taxman 253 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Amount paid as trade mark fees to associated company in Singapore-Trade Mark was being used for several years past-Disallowance of trade mark fees is held to be justified-Corporate and Bank guarantees-Financial services- Direction to modify the claim is justified-Clarificatory Amendment can have retrospective operation. [S. 47(iv), 92B]

PCIT v. Redington (India) Ltd. (2021) 430 ITR 298/197 DTR 233/ 318 ITR 520 (Mad.)( HC)

S. 80IA : Industrial undertakings- Infrastructure development-Development and leasing of premises in software park-Assessable as business income- Entitle to deduction. [S. 28(i), 80IA(4)]

CIT v. Tidel Park Ltd. (No. 1) (2021) 430 ITR 214 (Mad.)(HC)

S. 80HHC : Export business-Shipping agency fees, hire charges of machinery and installation must be reduced on net Basis-Proceeds of services and repairs by Shipyards not to be reduced. [S.80HHC Explanation (baa)]

Sesa Goa Ltd. v. CIT (NO. 1) (2021)430 ITR 109 (Bom.)(HC)

S. 68 : Cash credits- Burden to establish identity of creditors, genuineness of loan transaction and capacity of lender-Addition is held to be justified. [S. 260A]

C. V. Ravi v. ITO (2021) 430 ITR 449 / 279 Taxman 429 (Mad.)(HC) Editorial : SLP dismissed , C. V. Ravi v. ITO ( 2021 ) 281 Taxman 362 ( SC)

S. 68 : Cash credits- Block assessment- Matter remanded to the CIT (A) to consider unexplained cash credits . [S. 132, 143(3), 147, 158BA, 254(1)]

CIT v. H. E. Panduranga (2021) 430 ITR 70/ 277 Taxman 480 (Karn.)(HC)

S. 64 : Clubbing of income-Minor child-Interest from firm-Accounting year ended on December 31, 1975-Income cannot be clubbed for the relevant year. [S. 64(1)(iii), 66, 256(1)]

Alok Goenka v. CIT (2021)430 ITR 46 / 277 Taxman 527 / 207 DTR 235(Pat.)(HC)

S. 56 : Income from other sources-Individual-Natural living individuals-Donation received by discretionary Trust-Assessable as income from other sources. [S. 2(24)(xv), 2(31)(v), 56(2)(vii)]

CIT v. Shriram Ownership Trust (2021) 430 ITR 356/197 DTR 153/ 318 CTR 233 (Mad.)(HC)

S. 45 : Capital gains-Transfer of shares to subsidiary in Mauritius- Transfer of Shares from subsidiary to Private Equity Fund incorporated in Cayman Islands-Transactions are not genuine-High Court has the power to find out if transactions are genuine.

PCIT v. Redington (India) Ltd. (2021) 430 ITR 298 (Mad.)(HC)

S. 45 : Capital gains-Agricultural land- Barren land-Sold to developer with in short period after purchase-Land not agricultural- Gains not exempt from tax. [S. 2(14)(iii), 10(1) Bombay Tenancy and Agricultural Lands Act, 1948, S. 63]

CIT v. GRK Reddy and Sons (HUF) (2021) 430 ITR 283/ 277 Taxman 127 / 201 CTR 61(Mad.)(HC)