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. 127 : Power to transfer cases–Opportunity of hearing was granted to the assesse-Relative hardship-Order is valid.

Nexus Feeds Limited v. PCIT (2019) 414 ITR 259 (T&AP)(HC)

S. 115JB : Book profit-Gains from sale of agricultural land-Not agricultural income-cannot be reduced-Provision for gratuity- Ascertained liability-Deductible. [S. 2(IA), 2(14)(iii)(a), 10]

CIT v. Harrisons Malayalam Ltd. (2019) 414 ITR 344/ 183 DTR 302/ 266 Taxman 414/ 311 CTR 802 (Ker.)(HC), Editorial: SLP granted Harrisons Malayalam Ltd v. CIT (2022)449 ITR 391 (SC)

S. 115J : Book profit-Anticipated loss on completion of contract-Includible in profits-Provision for gratuity-Bad debts-Not includible in profits.[S. 115JA, S.145]

Fertilisers and Chemicals Travancore Ltd. (2019) 414 ITR 338 (Ker.)(HC)

S. 92C : Transfer pricing-Arm’s Length Price-Question of fact–No substantial question of law.[S. 260A]

PCIT v. Ipass India P. Ltd. (2019] 414 ITR 662 (Karn.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Net margin method-Free on board value of contract cannot be included in operating cost- No question of law. [S. 92D, R.10B(1)(e)]

CIT v. Itochu India Pvt. Ltd. (2019) 414 ITR 521/ 180 DTR 334/ 310 CTR 430/ 266 Taxman 17 (Mag.) (Delhi)(HC)

S. 92 : Transfer pricing-Arm’s length price-Arm’s Length Price to be restricted to transaction of assessee with associated enterprise.[S. 92C]

CIT v. Phoenix Mecano (India) Pvt. Ltd. (2019) 414 ITR 704 / 265 Taxman 354 (Bom.)(HC) Editorial : SLP of revenue is dismissed CIT v. Phoenix Mecano (India) Pvt. Ltd (2018) 402 ITR 32 (ST).

S. 80IB(10) : Housing projects-Project was completed before March 31, 2009-Two building project was handed over to land lord for further development-Allowing the claim is exemption is held to be justified.

PCIT v. Sadhana Builders Pvt. Ltd. (2019) 414 ITR 561 (Bom.)(HC)

S. 80IA : Industrial undertakings–Telecommunication services- Income from sharing fibre cables and cell-sites was income by way of leasing-Late fees and reimbursement of cheque dishonour charges received from parties-Eligible for deduction. [S. 80IA(2A)]

CIT v. Vodafone Mobile Services Ltd. (2019) 414 ITR 276/ 183 DTR 277 / 311 CTR 588 (Delhi)(HC)

S. 68 : Cash credits–Peak addition-Hawala transaction-Money laundering can also be for oneself-Information from Enforcement Directorate—Refusing to own up accounts- Burden is not discharged–Addition is held to be justified. [S. 69, 69A]

K. P. Abdul Majeed v. ACIT (2019) 414 ITR 531 / 180 DTR 249 / 310 CTR 261(Ker.)(HC)

S. 68 : Cash credits—Share application money—Received by cheques- Details furnished–Burden is discharged-Failure by department to investigate identity of shareholders and genuineness of transactions—Addition is held to be not justified.

CIT v. Sidhi Vinayak Metcon Ltd. (2019) 414 ITR 402 (Jharkhand) (HC)