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. 92 : Transfer pricing-Arm’s length price–Tonnage tax-Provisions of Chapter X (Transfer pricing) would have no application in computing income of assessee chargeable to tax as per Chapter XII-G (Tonnage tax scheme) [S. 115JB, 115VA]
Van Oord India (P.) Ltd. v. ACIT (2019) 177 ITD 687/ 183 DTR 151/ 292 TTJ 248 (Mum.)(Trib.)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation–Amalgamation–Period of four years from date of amalgamation for achieving fifty-per cent level of production is to be seen at end of four year. [S.72A(3), R.9C]
Embio Ltd. v. ACIT (2019) 177 ITD 414 (Mum.)(Trib.)
S. 72 : Carry forward and set off of business losses–Effect of appellate order – loss is allowed to be carried forward and benefit of set off against business income in subsequent assessment years could be allowed to assessee even in absence of such claim in return of income. [S. 254(1)]
Maharashtra State Warehousing Corporation. V. DCIT (2019) 177 ITD 359 (Pune)(Trib.)
S. 68 : Cash credits–Share application-Share premium- Provided name, address and PAN of shareholders, etc.- Addition cannot be made. [S. 56(2)(viib)]
ITO v. Chiripal Poly Films Ltd. (2019) 177 ITD 441 / 202 TTJ 317/ 184 DTR 162 (Mum.) (Trib.)
S. 68 : Cash credits–Loans–Allegation that loans received from companies controlled by Praveen Kumar Jain as accommodation entries–Substantial supporting material to prove loan transactions were genuine were produced–Addition is held to be not valid.
ITO v. Pratima Ashar (Smt.)(2019) 177 ITD 481 /183 DTR 137(Mum.)(Trib.)
S. 56 : Income from other sources-Gift- Property–Purchase of a piece of land as stock-in-trade–Not property–Provision is not applicable- Matter is set aside. [S. 45, 56(2)(vii)(b)(ii)]
Satendra Koushik. v. ITO (2019) 177 ITD 286 (Jaipur)(Trib.)
S. 56 : Income from other sources–Preference shares-Premium- Valuation is to be made as per Rule 11UA(1)(c)–Matter set aside. [S. 56(2)(vii)(b), R. 11UA(1)(c)]
Ginni Global (P.) Ltd. v. ACIT (2019) 177 ITD 278/182 DTR 44 / 201 TTJ 524 (Jaipur)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Construction of house–Single house constructed by assessee within three years of sale of land-Entitle for exemption. [S. 45]
Munish Singla v. ACIT (2019) 177 ITD 529 (Chd.)(Trib.)
S. 54F : Capital gains-Investment in a residential house-Capital gain account scheme- Deposited before expiry of date of filing of return u/s. 139(4)-Entitle to exemption. [S.45, 139(4)]
ITO v. Nilima Abhijit Tannu (2019) 177 ITD 308 (Mum.)(Trib.)