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 exemption-Tax exemption-Arm’s length price on international transactions deserve to be determined. [S. 10A, 10B, 92]

Doshi Accounting Service Pvt. Ltd. v. DCIT ( 2019) 184 DTR 249/ 76 ITR 449/(2020) 181 ITD 49 (SB) (Ahd.)(Trib) www. itatonline.org

S. 92B : Transfer pricing–Arm’s length price-Corporate guarantee given to associated enterprises–Arm’s length commission on such guarantee restricted to 0. 5%. [S. 92C]

Cox & Kings Ltd v. Addl. CIT (2019) 55 CCH 75/ 69 ITR 45 (SN) (Mum.)(Trib.)

S. 80IC : Special category States-Tea plantation–Manufacturing of tea is not eligible to claim deduction in respect of sale of black tea manufactured from green tea leaf purchased from outside market. [S. 80IC(2)(b)]

Bisseswarlall Mannalal & Sons v. DCIT (2019) 178 ITD 74/ 202 TTJ 526/ 184 DTR 36 (Kol.)(Trib.)

S. 80IB(10) : Housing projects-Direction is given to AO to collect information about stage of completion of projects and size of flats — Pro rata deduction to be given if project completed within norms.

Dy. CIT v. Janapriya Engineers Syndicate Ltd. (2019) 70 ITR 370 (Hyd.)(Trib.)

S. 71 : Set off loss-One head against income from another-Borrowing funds and making investments in business also paying interest-No evidence assessee diverted funds for non-business purpose-Intra head losses can be set off.

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha )(Trib.)

S. 69C : Unexplained expenditure-Purchase of land-Addition of same payments made in hands of landowners-Addition on protective basis not sustainable. [S. 143(3)]

Dy. CIT v. Janapriya Engineers Syndicate Ltd. (2019) 70 ITR 370 (Hyd.)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of account– unexplained investment-Purchase of land-Peak credit–Directed to verify audited cash book entries with payments to landlords and reliable source of cash available for such payments to landowners.

Dy. CIT v. Janapriya Engineers Syndicate Ltd. (2019) 70 ITR 370 (Hyd.)(Trib. )

S. 69B : Amounts of investments not fully disclosed in books of account– Unexplained investment-Purchase of land-Addition merely on presumption is held to be not justified.

Dy. CIT v. Janapriya Engineers Syndicate Ltd. (2019) 70 ITR 370 (Hyd.)(Trib.)

S. 69A : Unexplained money-Income from undisclosed sources- unexplained cash-Cash flow statement accepted in wealth-tax assessment not to be discarded-Cash balance available as on date of search treated as explained. [S. 132]

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha)(Trib.)

S. 69 : Unexplained investments–Search and seizure–Gold and silver ornaments-Found in premises of assessee belonging to assessee’s wife and his mother – Gold and silver ornaments inherited-Addition cannot be made.

Dy. CIT v. Kotu Sarat Kumar (2019) 71 ITR 147 (Vishakha)(Trib.)