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. 145 : Method of accounting–Undervaluation of sales and estimation of gross profit–Deletion of addition is held to be justified.

PCIT v. Zirconia Cera Tech Glazes. (2019) 103 taxmann.com 357 / 262 Taxman 201 (Guj.) (HC) Editorial: SLP of revenue is dismissed; PCIT v. Zirconia Cera Tech Glazes. (2019) 262 Taxman 200 (SC)

S. 115V-I : Shipping business – Shipping income -Tonnage tax scheme-Forex rate fluctuation gains -Gains on account of exchange rate variations of foreign loan taken for purchase of ships being connected to assessee’s core activities of operating qualifying ships would be entitled to benefit under Chapter XII-G.

PCIT v. M. Pallonji Shipping (P.) Ltd. (2019) 262 Taxman 326/ 177 DTR 115/ (2020) 314 CTR 827 (Bom.)(HC)

S. 92C : Transfer pricing–Arm’s length price-Company which outsources its work is not comparable for ALP determination with a company that does activity inhouse-A company having substantial related party transactions, could not be selected as comparable.

PCIT v. Pfizer Ltd. (2019) 262 Taxman 215/ 308 CTR 389/ 177 DTR 110 (Bom.)( HC)

S. 80IA : Industrial undertakings-Net interest excluding expenditure incurred in earning such interest income which had to be excluded for purpose of computing deduction.

CIT v. CLP India (P.) Ltd. (2019] 103 taxmann.com 442 / 262 Taxman 204 (Guj.)(HC) Editorial: SLP of revenue is dismissed, CIT v. CLP India (P.) Ltd. (2019) 262 Taxman 203 (SC)

S. 74 : Losses – Capital gains – Carry forward – Advance Rulings- Loss determined in pursuance of a return filed for earlier assessment u/s 139 can only be carried forward. – Only party before the authority can be heard – Other parties cannot be heard by Court . [ S. 80 , 139(3), 245N, Art . 226 ]

Aberdeen Institutional Commingled Funds LLC. v. AAR. (2019) 262 Taxman 346 / 177 DTR 1 / 308 CTR 287 / ( 2020) 421 ITR 183 (Bom.)(HC)

S. 69A : Unexplained money – Search and seizure-illegal capitation fees –Addition on estimate basis is held to be justified.

Arvind Janardhan Pandey v. ITO (2019) 262 Taxman 401 (Bom.)(HC)

S. 68 : Cash credits-Shares at a premium-Genuineness, creditworthiness and identity of investors are established-Addition cannot be made as cash credit.

PCIT v. Chain House International (P.) Ltd. ( 2018) 98 taxmann.com 47 / (2019) 408 ITR 561(MP) (HC),Rohtak Chain Co ( P) Ltd ; PCIT v (2019) 408 ITR 561 (MP) (HC)/Bharat Securities Ltd ; PCIT v. (2019) 408 ITR 561 (MP) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Chain House International (P.) Ltd. (2019) 262 Taxman 207 (SC)/,PCIT v. Bharat Securities (P) Ltd ( 2020) 268 Taxman 394 (SC)

S. 50C : Capital gains-Full value of consideration- stamp valuation-
Without hearing objections of assessee, that Fair Market Value of capital asset as per ‘Guidance Value’ can not be determined by authorities- Matter remanded to the Assessing Officer. [S. 45, 48 , 50C (2)],

Jagannathan Sailaja Chitta v. ITO (2019) 417 ITR 61 / 262 Taxman 427/ 308 CTR 713/ 178 DTR 33 (Mad.) (HC)

S. 45(4) : Capital gains – Distribution of capital asset – Retirement of partner- Amount received by a partner on her retirement from a partnership firm is not liable to capital gain tax. [S. 45]

Hemlata S. Shetty (Smt.) v. ACIT (2019) 262 Taxman 324 (Bom.) (HC)

S. 45 : Capital gains-Transfer-Joint Development agreement (JDA)-In the absence of registration agreement did not fall under S.53A of the transfer of property Act–Not liable to capital gains tax [S. 2(47)(v) Transfer of Property Act, 1882 S. 53A]

P CIT v. Chuni Lal Bhagat. (2019) 103 taxmnn.com 378 /262 Taxman 210 (P & H) (HC) Editorial: SLP of revenue is dismissed, PCIT v. Chuni Lal Bhagat. (2019) 262 Taxman 209 (SC)