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: Deductions – Income of co-operative societies (Credit Societies) – interest earned on short term deposits eligible for deduction .[ S. 80P (2) (d)]

Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. v. ITO (2021) 186 ITD 220 (Pune)(Trib.)

S. 80P: Co-operative societies – Deposit only from Members – Determination based on Charter documents – Not based on mere admission – Deduction allowable.[ S.80P(2)(a)(i), 269SS, 271D]

Thane Zilla Madhyamik Shikshak Sangh Sahakari Patpedhi Maryadit v. ACIT (2021) 187 ITD 291 / 124 Taxmann.com 75 / 197 DTR 81 / 209 TTJ 571 (Mum) (Trib)

S. 68: Unexplained cash credit-Not providing an opportunity to cross examine the witness-violation of principles of natural justice-when all the requisite documents and information is provided by the assesse onus shifts to the Revenue to cross verify the details furnish-otherwise no addition can be made [ S. 132, 147 , 148 ]

ACIT v. El Dorado Biotech Pvt. Ltd (2020) 208 TTJ 817/ (2021) 186 ITD 661 (Ahd )(Trib)

S.68 : Cash credit -Share capital- Manipulated accounts by way of bogus/fictitious entries, transactions did not involve actual cash inflow, it was unrealizable for assessee to discharge onus of establishing identity and creditworthiness of parties and genuineness of transaction, addition cannot be made as cash credits – maxim is “Lex non cogitadimpossibilia” – theory of impossibility of performance applied – Addition was deleted .

Rich Paints Ltd. v. ITO(2021) 186 ITD 425 / 210 TTJ 532/ 199 DTR 1 (Ahd)(Trib.)

S. 54F : Capital gains – Investment in a residential house – Joint Ownership cannot come in way of claiming exemption [ S.45 ]

Savita Bhasin (Smt.) v. ITO (2020) 84 ITR 602/ (2021) 186 ITD 195 (Delhi)( Trib.)

S. 50C : Capital gains – Full value of consideration – Stamp valuation – Addition cannot be made under section 50C on the transfer of leasehold rights in land or building.[ S.45 ]

Noida Cyber park (P.) Ltd v. ITO (2021) 186 ITD 593 (Delhi) (Trib)

S. 50C: Capital gains – Full value of consideration – Stamp valuation – Sale Consideration – Third proviso- Retrospective- Difference between the stated consideration vis -a -vis stamp duty valuation is less than 10 % of the stated consideration , section 50C is not applicable . [ S.45 ]

Maria Fernandes Cherly v. ITO (IT )(2021) 187 ITD 738/ 123 Taxmann.com 252 /209 TTJ 850 /198 DTR 137/ 85 ITR 674 (Mum)(Trib) www.itatonline.org

S. 45: Capital gains – Transfer – Development agreement -No real development took place till date – Matter restored to AO to decide the capital gains after verifying whether the possession is taken back by the assessee or not and the assessee cancelled the development agreement or not.[ S.2(47) (v)]

Santosh Kumar Subbaniv. ITO (2020) 122 taxmann.com 169 / (2021)186 ITD 217 (Hyd)( Trib.)

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – purchase of lands from farmers – Disallowance deleted. [ R.6DD]

Vijayeta Buildcon Pvt. Ltd v. ACIT (2021) 186 ITD 493 / 123 taxmann.com 133 (Jaipur) ( Trib.)

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Business expenditure – deduction for foreign taxes paid allowed while computing its income, to the extent that such tax was not entitled to the benefit of section 91 of the Act.[ S.37 (1), 91 ]

Tata Consultancy Services Ltd v. ACIT (2020) 121 taxmann.com 190 (2021) 186 ITD 721 (Mum)( Trib.)