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. 80P : Co-operative societies – Society Registered Under Karnataka Act of 1997 falls within definition of Co-operative society- Entitled to [ S.2(19) Art. 14, 19(1) (c ), Karnataka Souharda Sahakari Act, 1997 , Karnataka Co-operative Societies Act, 1959 )
Shri Vitthalray Souharda Pattin Sahakari Niyamit v. UOI (2020)426 ITR 457 / 121 taxmann.com 300/ 277 Taxman 276(Karn)(HC)
S. 80P : Co-operative societies – Interest on statutory reserves —Deduction denied without speaking order — Assessment orders held to be not valid- Mutuality- Whether principle of mutuality is applicable or not is pending before Supreme Court hence the assessees had to file a statutory appeal before the CIT (A)-.Directed to file appeals [S.143(3) , Art .226 ]
K. 2058, Saravanampatti Primary Agricultural Co-Operative Credit Society Ltd. v. ITO (2020)426 ITR 251 / 187 DTR 185/ 313 CTR 459/ 275 Taxman 87 (Mad)(HC)
S. 80P : Co-operative societies – Member – Share holding member and associate member – Assessing Officer cannot draw distinction between shareholding members and associate members — Entitle to deduction [S.80P(4)(b) , Tamil Nadu Co-Operative Societies Act, 1983, S. 2(16) ]
PCIT v. S-1308 Ammapet Primary Agricultural Co-Operative Bank Ltd. (2020) 426 ITR 244 (Mad)(HC)
S. 80P : Co-operative societies – Amount transferred to reserve fund which were invested in approved securities — Interest earned is entitled to – Matter remanded. [S.80P(2)(d), West Bengal Co-operative Societies Act, 2006, S 79, 82 ]
PCIT v. Electro Urban Co-Operative Credit Society Ltd. (2020) 426 ITR 215/ 273 Taxman 437 (Cal)(HC)
S. 80IB(10) : Housing projects- Completion of project within specified time —Certificate of registered certified Architect sufficient. [ S.147 , Karnataka Municipal Corporations Act, 1976. S.310 ]
PCIT v .Majestic Developers (2020) 426 ITR 175 / 122 taxmann.com 123 (Karn)(HC),Editorial: SLP of revenue dismissed , PCIT v. Majestic Developers ( 2021 ) 278 Taxman 187 (SC)
S. 80HHC : Export business -Computation of profits — Common Expenditure for eligible and non-eligible units — Expenditure to be apportioned.
Vardhman Holdings Ltd. v .CIT (2020) 425 ITR 253 (P&H)(HC)
S.80HHC: Export business -Export turnover Fluctuation in foreign exchange rates —Part of export turnover and total turnover [ S.80HHC (2) Art , 226 ]
ISPAT Projects Ltd. v. CIT (2020) 425 ITR 459/ 190 DTR 355/ 315 CTR 641/ 272 Taxman 193 (Cal)(HC)
S. 69C : Unexplained expenditure – Capitation fee paid to medical college for admission of assessee’s son — Source not explained satisfactorily- Addition is held to be justified .
Sushil Bansal v. PCIT (2020) 426 ITR 535 (Delhi)(HC)
S. 69C : Unexplained expenditure -Presumption as to documents seized from third party of drafts on Foreign Bank in name of company — Documents not seized from possession of assessee —Amount of draft cannot be treated as unexplained expenditure. [ S. 132, 292C ]
PCIT v. Hassan Ali Khan (2020) 426 ITR 556 (Bom)(HC)
S.68: Cash credits —Must prove identity of creditor, Creditworthiness and genuineness of transaction — Source of source need not be proved — Duty of Income-Tax Authorities to conduct enquiry —No Enquiry by Income-Tax Authorities — Addition not justified .
Kumar Nirman and Nivesh Pvt. Ltd. v. ACIT (2020)425 ITR 486 (Karn)(HC )