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-Exclusion of ten comparables-Finding of fact-No substantial question of law. [S. 260A]

PCIT v. Evaluserve.Com (P) Ltd. (2021) 124 taxmann.com 210 (Delhi)(HC) Editorial: SLP of revenue is dismissed, as there was delay of 359 days in filing said petition and explanation offered in support of prayer for condonation was not satisfactory, PCIT v. Evaluserve.Com (P) Ltd. (2021) 277 Taxman 392 (SC)

S. 72 : Carry forward and set off of business losses-Export Oriented undertakings-Declaration in terms of section 10B(8) was to be treated as directory as provision of this section does not provide for any consequence by non-filing of declaration by time limit-Carry forward and set off business losses was allowed to be set off. [S.10B(8)]

PCIT v. Wipro Ltd. (2021) 277 Taxman 309/318 CTR 340/197 DTR 349 (Karn.)(HC)/Editorial: SLP granted to the Revenue , PCIT v. Wipro Ltd ( 2022) 286 Taxman 437 (SC)

S. 70 : Set off loss-One source against income from another source-Same head of income-Loss from for eligible for exemption could be set off other unit which was not eligible for exemption under same head of income.

PCIT v. Infosys BPO Ltd. (2021) 277 Taxman 320 (Karn.)(HC)

S. 69C : Unexplained expenditure-Seized material-Department not provided the details of transaction-Deletion of addition is held to be justified-No question of law. [S. 132, 260A]

PCIT v. Hassan Ali Khan (2021) 124 taxmann.com 208 (Bom.)(HC) Editorial : SLP of revenue is dismissed PCIT v. Hassan Ali Khan, (2021) 277 Taxman 398 (SC)

S. 68 : Cash credits-Bogus purchases-Trading in ferrous and non-ferrous metal-Stock register produced-Deletion of addition is held to be justified-No question of law. [S.260A]

PCIT v. Sandeep P. Shah (2021) 124 taxmann.com 206 (Guj.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Sandeep P. Shah (2021) 277 Taxman 395 (SC)

S. 68 : Cash credits-Purchase of scrap-Recalling the order is held to be justified-Deletion of addition is held to be justified. [S. 133(6), 254(2)]

CIT v. Shree Ganesh Ventures (2021) 277 Taxman 416/ 205 DTR 479 (Mad.)(HC)

S. 68 : Cash credits-Long term capital gains from equities-Penny stock-Tribunal-Duties-Tribunal was not justified in remanding the matter to the Assessing Officer-Order of CIT(A) confirming the addition was affirmed-Order of Tribunal set aside. [S. 10(38), 45, 254(1)]

CIT v. Manish D. Jain (HUF) (Mrs.) (2021) 277 Taxman 604 (Mad.)(HC)

S. 57 : Income from other sources-Deductions-Interest paid on loans from relatives-Matter reamended. [S. 57(iii)]

Rajendra Kumar Jain v. ITO (2021) 277 Taxman 236 (Mad.)(HC)

S. 54EC : Capital gains-Investment in bonds-Amendment Restricting the investment to 50 lakhs is prospective in nature [S. 45]

CIT v. Neena Krishna Menon (Smt.) (2021) 277 Taxman 211 (Karn.)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Amount spent on construction-Mere non compliance of a procedural requirement, exemption should not be denied-Order of single judge is affirmed by division Bench. [S.45, 54(2)]

CIT v. Venkata Dilip Kumar (2021) 437 ITR 137/ 277 Taxman 463/ 201 DTR 9/ 320 CTR 520 (Mad.)(HC)