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. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]
Enanalloor Service Co-Operative Bank Ltd. v. ITO(Int) (2020) 426 ITR 180 / 194 DTR 189/(2021) 276 Taxman 368 (Ker) (HC)
S. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]
Enanalloor Service Co-Operative Bank Ltd. v. ITO(Int) (2020) 426 ITR 180 / 194 DTR 189/(2021) 276 Taxman 368 (Ker) (HC)
S. 127 : Power to transfer cases – Order of transfer not challenged till Issuance of notice- Delay not explained — Opportunity given to file objections not utilised – Transfer of case for centralisation of cases to facilitate investigation — Order need not be interfered with. [ S.127(2) 132 , 153A ]
V. V. Minerals (NO. 2) v. PCIT (2020) 426 ITR 36 / 315 CTR 685/ 272 Taxman 207/ 191 DTR 127 ( Madurai) (Mad) (HC) Editorial: Order of Single judge is affirmed V. V. Minerals (NO. 1) v. PCIT (2020) 426 ITR 23 / 315 CTR 696 /191 DTR 139( Madurai) (Mad) (HC)
S. 115JB : Book profit – Brought forward loss or unabsorbed Depreciation —Non-consideration of claim for deduction- Matter Remanded Tribunal [ S.10A ]
Yokogawa India Ltd. v. Dy. CIT (LTU) (2020) 425 ITR 648/ 273 Taxman 520 (Karn)(HC)
S. 115JB : Book profit – Prior period expenditure not deductible — Assessing Officer has limited power to make changes — Deletion of addition was held to be not justified . [ S.115J ]
CIT v . GMR Industries Ltd. (2020) 425 ITR 504/ 194 DTR 52 (Karn) (HC)
S.92C : Transfer pricing —Safe harbour — Exercise of option — Assessing Officer not passing order and declaring that exercising of option was invalid — Option exercised by assessee to be treated as Valid [ S.92CA , 92CB Art, 226 ]
Mehsana District Co-Operative Milk Producers’ Union Ltd. v. Dy. CIT (2020) 426 ITR 96 (Guj)(HC)
S. 80P : Co-operative societies – Society Registered Under Karnataka Act of 1997 falls within definition of Co-operative society- Entitled to [ S.2(19) Art. 14, 19(1) (c ), Karnataka Souharda Sahakari Act, 1997 , Karnataka Co-operative Societies Act, 1959 )
Shri Vitthalray Souharda Pattin Sahakari Niyamit v. UOI (2020)426 ITR 457 / 121 taxmann.com 300/ 277 Taxman 276(Karn)(HC)
S. 80P : Co-operative societies – Interest on statutory reserves —Deduction denied without speaking order — Assessment orders held to be not valid- Mutuality- Whether principle of mutuality is applicable or not is pending before Supreme Court hence the assessees had to file a statutory appeal before the CIT (A)-.Directed to file appeals [S.143(3) , Art .226 ]
K. 2058, Saravanampatti Primary Agricultural Co-Operative Credit Society Ltd. v. ITO (2020)426 ITR 251 / 187 DTR 185/ 313 CTR 459/ 275 Taxman 87 (Mad)(HC)
S. 80P : Co-operative societies – Member – Share holding member and associate member – Assessing Officer cannot draw distinction between shareholding members and associate members — Entitle to deduction [S.80P(4)(b) , Tamil Nadu Co-Operative Societies Act, 1983, S. 2(16) ]
PCIT v. S-1308 Ammapet Primary Agricultural Co-Operative Bank Ltd. (2020) 426 ITR 244 (Mad)(HC)
S. 80P : Co-operative societies – Amount transferred to reserve fund which were invested in approved securities — Interest earned is entitled to – Matter remanded. [S.80P(2)(d), West Bengal Co-operative Societies Act, 2006, S 79, 82 ]
PCIT v. Electro Urban Co-Operative Credit Society Ltd. (2020) 426 ITR 215/ 273 Taxman 437 (Cal)(HC)