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. 115JB : Book profit-Capital gains-Adjusted book profits eligible for benefit under S.54EC. [S. 45 54EC, 115JA(4), 115JA(5)]

CIT v. Metal and Chromium Plater (P) Ltd. (2019) 415 ITR 123 (Mad.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable-Unless ex facie perversity in the findings of the Tribunal is established-Appeal is not maintainable.[S. 260A]

PCIT v. Broadcom India Pvt. Ltd. (2019) 415 ITR 380 (Karn.)(HC)

S. 92C : Transfer pricing–Arm’s length price–Comparable–No question of law. [S. 260A]

CIT v. Gxs India Technology Centre Pvt. Ltd. (2019) 415 ITR 354 (Karn.) (HC)

S. 80IA : Industrial undertakings–Infrastructure development- Maintaining and operating railway sidings under agreement with principal contractor who had entered into agreement with railways and recognised by railways as transferee- Entitle to deduction-Object and intent of legislature is considered. [S. 80IA(4)]

CIT v. Chettinad Lignite Transport Services Pvt. Ltd. (2019) 415 ITR 107 / 177 DTR 329/ 309 CTR 268/265 Taxman 466(Mad.)(HC)

S. 80HHC : Export business-Total turnover-Entire turnover of business – Donation for scientific research cannot be excluded. [S.35(1)(ii), 80GGA]

Sri Aurobindo Ashram Harpagaon Workshop Trust v. DCIT (2019) 415 ITR 247 (Mad.)( HC)

S. 69B : Amounts of investments not fully disclosed in books of account –Addition is held to be not justified solely on the basis of photocopy of agreement between two other persons which was seized during search of third party. [S. 132, 513A]

CIT v. Kulwinder Singh (2019) 415 ITR 49/ 311 CTR 233 (P&H) (HC)

S. 68 : Cash credits-Capital gains-Sale of property-Part of sale consideration credited in assessee’s account–Addition as income from undisclosed source is held to be justified. [S. 45]

CIT v. Harri Joseph (2019) 415 ITR 181 (Ker.)(HC)

S. 68 : Cash Credits-Source of fund explained–Burden discharged -Deletion of addition is held to be justified.

CIT v. T. B. Kunhimahin Haji and others. (2019) 415 ITR 491 (Ker.)(HC)

S. 55A : Capital gains-Reference to valuation officer-Cost of acquisition-Filing valuation report-Refusal to make reference to valuation officer is not proper-Matter remitted to Assessing Officer for reference to valuation officer. [S. 45]

C. V. Sunny. v. CIT (2019) 415 ITR 127/ 179 DTR 115/ 309 CTR 291/ 265 Taxman 19 (Mag.) (Ker.)(HC)

S.28(i) Business income- : Capital Gains-Capital asset-Agricultural land-Purchase lands from land owners, convert them for non-agricultural use and sell them to companies-Property sold was not capital asset- Assessable as business income . [S. 2(14), 45 ]

Sunil Bansal v. ACIT (2019) 415 ITR 236/ 267 Taxman 87 (Raj.)(HC) Editorial: SLP of assessee dismissed , Sunil Bansal v. CIT (2022) 287 Taxman 175/113 CCH 172 (SC)/ Review petition dismissed, Sunil Bansal v. CIT (2022) 288 Taxman 650 (SC)