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 — Reimbursement of expenses- Addition is held to be not valid .

WM India Technical and Consulting Services Pvt. Ltd. v. Dy. CIT (2020)82 ITR 37 (SN)(Delhi) (Trib)

S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)

Mysore District Co-Operative Milk Producers Society Union Ltd. v. A CIT (2020)82 ITR 11 (SN)(Bang) (Trib)

S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .

ITO v . KNS Realtors Pvt. Ltd. (2020) 82 ITR 9 (SN)(Delhi) (Trib)

S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]

Devika Gunasheela (Dr.) v. JCIT (2020)82 ITR 23 (SN) 185 ITD 408 / (2021 )) 209 TTJ 931/ 199 DTR 157 (Bang) (Trib)

S.54F : Capital gains- Investment in a residential house – Joint account – Denial of exemption is held to be not justified [ S.45 ]

Anil Dev v. Dy. CIT (2020) 82 ITR 1 (SN/ 185 ITD 418 / 119 taxmann.com 328 / (2021) 198 DTR 150/ 209 TTJ 920 (Bang) (Trib)

S. 54EC : Capital gains – Investment in bonds -Time limit for investment is six months from date of transfer- two financial years -Entitle to exemption – Amendment by Finance (No. 2) Act, 2014 applies prospectively. [ S. 45 ]

Ramesh V. Shetty v .ACIT (2020) 82 ITR 36 (SN)(Bang) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation -Agricultural land – Not a capita asset- A sale consideration more than the district committee rate – Addition cannot be made – Revision is held to be bad in law . [ S. 2(14), 45, 263 ]

Satish Kumar Agarwal v. PCIT (2020) 82 ITR 40 (SN)(Jaipur ) (Trib)

S. 50C : Capital gains – Full value of consideration – Stamp valuation -Property purchased from the funds of the firm – Procuring agent and not owner – Addition cannot be made – Matter remanded for verification [ S.45 ]

B. S. Leelavathi (Smt.) v. ITO (2020) 82 ITR 45 (SN)(Bang) (Trib)

S.45: Capital gains — Long-term capital gains —Sale of property taking place 11-4-2011 — Capital gains assessable in the year 2012-13 and not in the year 2008-09 . [ S. 2 (47 ) ]

Suresh Bansal v. Dy. CIT (2020)82 ITR 43 (SN)(Delhi) (Trib)

S. 40(a)(ia): Amount not deductible -Deduction at source – Fees for professional or technical services – Discount offered to distributors – Non -Resident – Not liable to deduct tax at source- Allowable as expenditure [ S. 9(1) (vi), 37(1) , 194J , 195 ]S. 40(a)(ia): Amount not deductible -Deduction at source – Fees for professional or technical services – Discount offered to distributors – Non -Resident – Not liable to deduct tax at source- Allowable as expenditure [ S. 9(1) (vi), 37(1) , 194J , 195 ]

Nokia India Pvt. Ltd. v. Add. CIT (2020) 82 ITR 16 ((SN)(Delhi) Trib)