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. 92A : Transfer pricing-Associated enterprises-Advance of loan-None of said two entities had individually advanced loan of more than 51 per cent of book value of total assets of assessee-Entities could not be deemed as AEs of assessee. [S. 92A(2)(c), 92C]
Soveresign Safeship Management (P.) Ltd. v. ITO (2020) 184 ITD 806 / 195 DTR 337 / 208 TTJ 754 (Mum.)(Trib.)
S. 80P : Co-operative societies-Source of investment by co-operative society-Revenue is not required to look to nature of investment whether it is from surplus funds or otherwise. [S. 80P(2)]
Mantola Co-operative Thrift & Credit Society Ltd. v. ITO (2020) 184 ITD 136 (Delhi)(Trib.)
S. 80IC : Special category States-Deduction could not be restricted proportionately to split/broken period when undertaking undertook substantial expansion and it was eligible on basis of annual profit.
Mahindra & Mahindra Ltd. v. ACIT (2020) 184 ITD 621 (Mum.)(Trib.)
S. 80IB : Industrial undertakings-Addition made towards suppressed production-Entitle to deduction. [Form 10CCB]
Medley Pharmaceuticals Ltd. v. DCIT (2020) 184 ITD 8 / 207 TTJ 143 (Mum.)(Trib.)
S. 80IA : Industrial undertakings-Infrastructure development-Wind Mill-loss prior to initial assessment year which had already been set off, could not be brought forward and adjusted against profits of eligible business. [S. 80IA(5)]
Zaveri & Co. (P.) Ltd. v. DCIT (2020) 184 ITD 777 (Ahd.)(Trib.)
S. 69C : Unexplained expenditure-Business counselling charges-Payment to bogus companies-Reassessment is held to be justified-Disallowance is held to be justified. [S.143(1), 147, 148]
Jaee Vishwas Joshi v. ACIT (2020) 184 ITD 112 / 2021) 211 TTJ 311 (Mum.)(Trib.)
S. 69C : Unexplained expenditure-Purchase of raw material-purported excess money had been received back-Deletion of addition is held to be valid.
DCIT v. Gulshan Chemicals Ltd. (2020) 184 ITD 71 / 208 TTJ 1053 / (2021) 197 DTR 274 (Delhi)(Trib.)
S. 69A : Unexplained money-Search-Jewellery to extent stated in CBDT Instruction No. 1916, dated 11-5-1996 stands explained. [S. 132]
N. Roja v. ACIT (2020) 184 ITD 329 / 196 DTR 134 / 208 TTJ 603 (Cuttack)(Trib.)
S. 68 : Cash credits-Cash deposit in bank-Reflected in cash book and tallied with sales register-Addition cannot be made as cash credits [S. 145]
ITO v. Yashovardhan Tyagi. (2020) 184 ITD 461 (Delhi)(Trib.)
S. 68 : Cash credits-Share application money-Share premium-Identity, creditworthiness and genuineness of share applicants were established-Addition is held to be not justified.
Satyam Smertex (P.) Ltd. v. DCIT (2020) 184 ITD 357 (Kol.) (Trib.)