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 – Reference to Transfer Pricing Officer —No Transfer pricing adjustment of more than Rs. 10 Crores for an earlier year – Reference invalid and consequential Transfer pricing adjustment invalid [ S.92CA ]

Sava Healthcare Ltd. v Dy. CIT (2020) 184 ITD 312/ 189 DTR 1/ 204 TTJ 513/ 78 ITR 65 (SN) (Pune) (Trib)

S. 80P : Co-operative societies – Registered under Karnataka Souharda Sahakari Act, 1997 —Entitled to deduction [ S.2(19) 80P(2), Karnataka State Sahakari Souharda Act, 1997 ]

Lalitamba Pattina Souharda Sahakari Niyamitha v PCIT (2020) 78 ITR 58 ( SN)( Bang) (Trib)

S. 80P : Co-operative societies – Contract works – Income earned from labour construction works — Entitled to deduction [ S. 80P(2)(A)(vi), Form 26AS ]

Jyothi Waddera Labour Contract Co-Operative Society Ltd. v ITO (2020) 78 ITR 23 (SN) (Hyd) (Trib)

S. 80P : Co-operative societies -Interest earned from Scheduled Bank — Not deductible — Net interest from deposits with Scheduled Bank to be excluded-Interest from Co-Operative Bank Or Society — Deductible -Receipt from its members towards form fee —Deductible-Standard deduction — Allowable. [ S.80P(2)(a)(i), 80P(2)( c) , 80P(2)(d) ]

Balasinor Vikas Co-Operative Credit Society Ltd. v.Dy .CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Shri Jalaram Mahila Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Anand Catholic Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib)

S. 80JJAA : Employment of new workmen –Provisions as existing before 1-4-2016 applicable to earlier years

Century Link Technologies India Pvt. Ltd. v Dy. CIT (2020) 78 ITR 71 (SN) ( Bang) (Trib)

S. 69 :Unexplained investments -Undisclosed cash — Money changer -Information from police -—No defect in books of account – Addition on basis of suspicion and surmises – Held to be not justified. [ S.133A ]

R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)

S. 68 : Cash credits – Unsecured loans —Identity ,creditworthiness and genuineness of transaction established – Need not prove source of source – Addition is held to be not justified .

Meenu Kapoor v .ACIT (2020) 78 ITR 53 (SN) (Delhi) (Trib)

S. 68 : Cash credits – Loans from directors or relatives – Permanent Account Number Details, Bank Statements, Confirmations And Copies Of Income-Tax Returns Of Lenders were furnished – No cash was deposited before issue of cheque – Addition is held to be not valid .

R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation Assessing Officer to get valuation done through District Valuation Officer-Matter remanded [ S. 45 ,50C(2) ]

Nafisa Abizar Banatwala v. ITO (2020) 78 ITR 59 (SN)(Mum) (Trib)

S.45(5A): Capital gains- Joint development agreement -Area-Sharing agreement — Land owner required to pay tax on capital gains at time of entering into development agreement and giving possession of land to developer for construction — Consideration to landlord would be cost of construction to developer [ S.45 ]

ITO v. Pakki Prabhakar Rao And Others (2020) 78 ITR 52 ( SN) (Vishakha) (Trib)