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. 145A : Method of accounting – Valuation – Changed method -No need to apply changed method to opening stock of finished goods at beginning of previous year – Accounting Standard 2 .
ACIT v. Thiagarajar Mills Ltd. (2020) 78 ITR 8 (SN)/ (2021) 186 ITD 279 ( Chennai) (Trib)
S.143(3): Assessment – Ad -hoc addition- Weight and rate difference – Evidence not produced – Addition is held to be justified [ S.37(1) ]
Barnala Steel Industries Ltd. v JCIT (2020) 78 ITR 29(SN) (Delhi) (Trib)
S.115BBE: Tax on income -Unexplained money — Survey – Surrender of income as business income – Rate of tax — Source of excess cash, excess stock and unaccounted receivables not explained — Taxable at 60 per. Cent. [ S.68 , 69, 69A, 69C, 133A ]
Rajesh Kumar Bajaj v .ACIT (2020) 78 ITR 79 ( SN) (Indore) (Trib)
S.92C: Transfer pricing – Reference to Transfer Pricing Officer —No Transfer pricing adjustment of more than Rs. 10 Crores for an earlier year – Reference invalid and consequential Transfer pricing adjustment invalid [ S.92CA ]
Sava Healthcare Ltd. v Dy. CIT (2020) 184 ITD 312/ 189 DTR 1/ 204 TTJ 513/ 78 ITR 65 (SN) (Pune) (Trib)
S. 80P : Co-operative societies – Registered under Karnataka Souharda Sahakari Act, 1997 —Entitled to deduction [ S.2(19) 80P(2), Karnataka State Sahakari Souharda Act, 1997 ]
Lalitamba Pattina Souharda Sahakari Niyamitha v PCIT (2020) 78 ITR 58 ( SN)( Bang) (Trib)
S. 80P : Co-operative societies – Contract works – Income earned from labour construction works — Entitled to deduction [ S. 80P(2)(A)(vi), Form 26AS ]
Jyothi Waddera Labour Contract Co-Operative Society Ltd. v ITO (2020) 78 ITR 23 (SN) (Hyd) (Trib)
S. 80P : Co-operative societies -Interest earned from Scheduled Bank — Not deductible — Net interest from deposits with Scheduled Bank to be excluded-Interest from Co-Operative Bank Or Society — Deductible -Receipt from its members towards form fee —Deductible-Standard deduction — Allowable. [ S.80P(2)(a)(i), 80P(2)( c) , 80P(2)(d) ]
Balasinor Vikas Co-Operative Credit Society Ltd. v.Dy .CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Shri Jalaram Mahila Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib) Anand Catholic Co-Operative Credit Society Ltd. v. Dy. CIT (2020) 78 ITR 15 (SN) (Ahd) (Trib)
S. 80JJAA : Employment of new workmen –Provisions as existing before 1-4-2016 applicable to earlier years
Century Link Technologies India Pvt. Ltd. v Dy. CIT (2020) 78 ITR 71 (SN) ( Bang) (Trib)
S. 69 :Unexplained investments -Undisclosed cash — Money changer -Information from police -—No defect in books of account – Addition on basis of suspicion and surmises – Held to be not justified. [ S.133A ]
R. G. Consultants P. Ltd. v. Dy. CIT (2020) 78 ITR 37 (SN) ( Delhi ) (Trib)
S. 68 : Cash credits – Unsecured loans —Identity ,creditworthiness and genuineness of transaction established – Need not prove source of source – Addition is held to be not justified .
Meenu Kapoor v .ACIT (2020) 78 ITR 53 (SN) (Delhi) (Trib)