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. 143(3) : Assessment-Mismatched PAN-Demonetised notes- Assessment order was passed without considering material produced by assesse-Court directed to redo the assessment after considering the materials on record. [Art. 226]

IY TEE CEE Trading Company v. ACIT (2021) 276 Taxman 116/199 DTR 110/ 319 CTR 710 (Ker.)(HC)

S. 127 : Power to transfer cases-Search and Seizure-Show cause notice had clearly spelt out reasons for proposed transfer of case of assesse-Dismissal of petition by High Court is affirmed. [S. 132 Art. 226]

V.V. Minerals v. PCIT (2021) 276 Taxman 279 (SC) Editorial: Affirmed the Judgment in V.V. Minerals v. PCIT (Mad.)(HC) (WAMD No. 417/2020 dt 30 -6 -2020)

S. 115A : Foreign companies-Tax-Dividends-Royalty-Technical services fees-Rates prevailing during different periods under DTAA and under section 115A which were more beneficial to assessee, had to be applied-DTAA-India-USA. [S. 90(2), Art. 12]

DIT (IT) v. IBM World Trade Corporation (2021) 436 ITR 641 / 276 Taxman 211 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-TPO passing the order without following the Direction of the Appellate Tribunal-Alternative remedy is available-Writ is not maintainable-Order of single judge rejecting the Writ petition is affirmed. [S. 92CA, 143, 144C, 148, Art. 226]

Hyundai Motor India Ltd. v. Dy. CIT ( 2021) 432 ITR 306/ 276 Taxman 156 / 199 DTR 124 /320 CTR 106 ( Mad) (HC)

S. 80IC : Special category states-Consumption of electricity-Mismatch of production-Denial of exemption is held to be not justifies.

CIT v. Borkar Packaging (P.) Ltd. (2021) 276 Taxman 131 / 199 DTR 526/ 320 CTR 792(Bom.)(HC)

S. 80IB : Industrial undertakings-Failure to provide details of number of workmen working in each units in form No. 10CCB-Denial of exemption is held to be not valid. [Form no. 10CCB]

CIT v. Borkar Packaging (P.) Ltd. (2021) 276 Taxman 131 / 199 DTR 526/ 320 CTR 792 (Bom.)(HC)

S. 70 : Set off loss-One source against income from another source- Same head of income-Could be set off against income of assessee under same head from other unit not eligible for deduction under said section- Matter remanded to the Tribunal. [S. 10B, 71, 80B(5), 80IC]

TVS Motor Company Ltd. v. ACIT (2021) 276 Taxman 25 (Mad.)(HC)

S. 56 : Income from other sources-Interest-Short term deposits-Pre -operative period before commencement of business-Assessable as income from other sources.

Express Infrastructures (P.) Ltd. v. Dy. CIT (2021) 276 Taxman 22 (Mad.)(HC)

S. 54F : Capital gains-Investment in a residential house-investment in a residential house in USA prior to 1-4-2015-Entitled to claim exemption. [S. 45]

CIT v. Vinay Mishra (2021) 276 Taxman 68 (Karn.)(HC)

S. 49 : Capital gains-Previous owner-Cost of acquisition-capital asset not having become property of assessee-Gift not proved by registered document-SLP of assessee is dismissed. [S. 45]

V. Dwarakanathan v. ACIT (2021) 276 Taxman 78 (SC) Editorial : Affirmed, Judgement in V. Dwarakanathan v. ACIT (Mad)(HC) (TCA No. 308/2019 dt. 19-6-2019)