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. 127 : Power to transfer cases-Interim order permitting continuation of writ proceedings- Assessment  completed-Appeal became infructuous-Duty of assessee to pay tax- Comply with order or file  an appeal. [Art. 226] 
	
						 
								
				Advantage Strategic Consulting Pvt. Ltd. v. PCIT (2021) 430 ITR 1/ 277 Taxman 512 / 202 DTR 441 /(2022) 328 CTR 361 (Mad.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 115WB : Fringe benefits-Sponsoring students for higher education-No relationship of employer and employee-Amounts spent on bundling of  product-Not liable to be assessed as Fringe benefits-Reimbursement of  medical expenses to employees in excess of fifteen thousand rupees liable to Fringe benefits. [S.17(2)(v)] 
	
						 
								
				CIT v. Wipro Ltd. (2021) 430 ITR 34/ 279 Taxman 253 (Karn.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 92C : Transfer pricing-Arm’s length price-Amount paid as trade mark fees to associated company in Singapore-Trade Mark was being used for several years past-Disallowance of trade mark fees is held to be justified-Corporate and Bank guarantees-Financial services- Direction to modify the claim is justified-Clarificatory Amendment can have retrospective operation. [S. 47(iv), 92B] 
	
						 
								
				PCIT v. Redington (India) Ltd. (2021) 430 ITR 298/197 DTR 233/ 318 ITR 520 (Mad.)( HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 80IA : Industrial undertakings- Infrastructure  development-Development and leasing of  premises in software park-Assessable as business income- Entitle to deduction. [S. 28(i), 80IA(4)] 
	
						 
								
				CIT v. Tidel Park Ltd. (No. 1) (2021) 430 ITR 214 (Mad.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 80HHC : Export business-Shipping agency fees, hire charges of  machinery and installation must be reduced on  net Basis-Proceeds of  services and repairs by  Shipyards not to be  reduced. [S.80HHC   Explanation (baa)] 
	
						 
								
				Sesa Goa Ltd. v. CIT (NO. 1) (2021)430 ITR 109 (Bom.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 68 : Cash credits- Burden to establish identity of  creditors, genuineness of  loan transaction and capacity of  lender-Addition is held to be justified. [S. 260A]  
	
						 
								
				C. V. Ravi v. ITO (2021) 430 ITR 449 / 279 Taxman 429 (Mad.)(HC) Editorial : SLP dismissed , C. V. Ravi v. ITO ( 2021 ) 281 Taxman  362 ( SC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 68 : Cash credits- Block assessment- Matter remanded to the CIT (A) to consider unexplained cash credits .  [S. 132, 143(3), 147, 158BA, 254(1)] 
	
						 
								
				CIT v. H. E. Panduranga (2021) 430 ITR 70/ 277 Taxman 480 (Karn.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 64 : Clubbing of income-Minor child-Interest from firm-Accounting year ended on December 31, 1975-Income cannot be clubbed for the relevant year.   [S. 64(1)(iii), 66, 256(1)] 
	
						 
								
				Alok Goenka v. CIT (2021)430 ITR 46 / 277 Taxman 527 / 207 DTR 235(Pat.)(HC)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 56 : Income from other sources-Individual-Natural living individuals-Donation received by  discretionary Trust-Assessable as income from other sources. [S. 2(24)(xv), 2(31)(v),  56(2)(vii)]
	
						 
								
				CIT v. Shriram Ownership Trust (2021) 430 ITR 356/197 DTR 153/ 318 CTR 233 (Mad.)(HC)