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-Arm’s length price-Comparable-Segmental result not reliable-Product designing-Product company-Not comparable-Interest rate-Delay in recovery of sales consideration-No adjustment can be made.
Global Logic India Ltd. v. ACIT (2020) 185 ITD 795 (Delhi) (Trib.)
S. 92C : Transfer pricing-Arm’s length price-Comparable-Segmental result not reliable-Product designing-Product company-Not comparable-Interest rate-Delay in recovery of sales consideration-No adjustment can be made.
Global Logic India Ltd. v. ACIT (2020) 185 ITD 795 (Delhi) (Trib.)
S. 80P : Co-operative societies-Credit Co-operative Bank-Agricultural loan-Matter remanded. [S. 80P(2)(a)(i)]
Poomangalam Service Co-operative Bank Ltd. v. ITO (2020) 185 ITD 474 (Cochin)(Trib.)
S. 80P : Co-operative societies-Credit co-operative banks-Loan disbursement-Narration in loan extracts in audit reports by itself may not be conclusive-Matter remanded. [S. 80P(2)(a)(i)]
Pattambi Service Co-operative Bank Ltd. v. ITO (2020) 185 ITD 469 (Cochin)(Trib.)
S. 80ID : Hotels and convention centers in specified area-Transfer of a building previously used as a Hotel-Not eligible deduction. [S. 80ID(3)]
Ramesh Bhatia (HUF) v. ITO (2020) 185 ITD 130 /( 2021) 214 TTJ 84 / 206 DTR 217 (Delhi)(Trib.)
S. 80IA : Industrial undertakings-Infrastructure development-Developer-cum-contractor-Eligible for exemption. [S. 80IA(4))(i)]
Katira Construction Ltd. v. ACIT (2020) 185 ITD 173 (Rajkot) (Trib.)
S. 69C : Unexplained expenditure-Bogus purchases-Ad-hoc addition-Only difference between gross profit rate on genuine purchases and gross profit rate on alleged hawala can be added-Once reassessment is held to be valid-Free to assess any other income. [S.147, 148]
Devi Construction Company v. DCIT (2020) 185 ITD 858/193 DTR 225/207 TTJ 130 (Pune)(Trib.)
S. 69B : Amounts of investments not fully disclosed in books of account-Investment in stock-Finding based on search conducted by DGCI-Order set aside by CESTAT-Addition was to be deleted.
Raghuveer Metal Industries Ltd. v. DCIT (2020) 185 ITD 482 (Jaipur)(Trib.)
S. 69A : Unexplained money-Gold inherited from mother-Sale proceeds of gold-Not shown in the balance sheet-Addition is held to be not justified when there is no statutory provision to show in the balance sheet.
Hetal Nishith Merchant. (Mrs.) v. ITO (2020) 185 ITD 738 (Mum.)(Trib.)