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. 132 : Search and seizure –Warrant of authorization- Siphoning off funds by way of advancing loans to shell companies without any equivalent collateral securities-Warrant of authorisation was held to be valid. [S. 133A(3)]

Adarsh Credit Co-operative Society Ltd. v. Jt. DIT (2018) 97 taxmann.com 353/309 CTR 169/ ( 2019) 414 ITR 434 / 179 DTR 200 (Guj.)(HC) Editorial: SLP of revenue is dismissed, Adarsh Credit Co-operative Society Ltd. v. Jt. DIT (2019) 261 Taxman 345 /309 CTR 168/ 413 ITR 322 (St)/179 DTR 199(SC)

S. 92C : Transfer pricing-Arm’s length price-Comparable–Merger and Amalgamation had taken place in a company–Cannot be selected for comparable–Securities and stock broker cannot be compared with merchant banker–Interest earned on margin money deposited with AE for broking services for futures and options should be factored in to determine ALP.

PCIT v. J.P.Morgan India (P) Ltd ( 2019) 261 Taxman 404/ 180 DTR 179 ( Bom) (HC)

S. 80IA : Industrial undertakings–Infrastructure development- Captive power-Valuation of electricity provided to another unit should be at rate at which electricity distribution companies were allowed to supply electricity to consumers.

CIT v. Reliance Industries Ltd. (2019) 261 Taxman 358/(2020) 421 ITR 686 (Bom.)(HC) Editorial: SLP is granted to the revenue, CIT v. Reliance Industries Ltd. (2019) 418 ITR 13 (St) (SC)/( 2020) 270 Taxman 19 (SC)

S. 80I : Industrial undertakings -Deduction under section 80-I should be given on profit without reducing deduction under section 80HH. [S. 80HH]

CIT v. Hindustan Lever Ltd. (2019) 103 taxmann.com 88 (Bom.) (HC) Editorial: SLP of revenue is dismissed; CIT v. Hindustan Lever Ltd. (2019) 261 Taxman 547 (SC)

S. 54F : Capital gains-Investment in a residential house-Sale of Booking of flat is not sale of residential property-Entitle for exemption. [S. 2(14), 45]

CIT v. Kalpana Hansraj (2019) 261 Taxman 294 / 307 CTR 797/ 176 DTR 217 (Bom.)(HC)

S. 45 : Capital gains-Sale of shares of subsidiary–Cannot be assessed as slump sale. [S. 2(42C), 50B]

PCIT v. UTV Software Communication Ltd. (2019) 261 Taxman 562 (Bom.)(HC) Editorial: UTV Software Communication Ltd v. ACIT ( 2016) 157 ITD 71 (Mum) (Trib) is affirmed.

S. 37(1) : Business expenditure –Consultancy charges –Statement – Retraction- Merely on the basis of statement recorded in the course of search, which was retracted–No disallowance can be made without bringing on record independent material. [S. 132(4)]

CIT v. Reliance Industries Ltd. (2019) 261 Taxman 358 /(2020) 421 ITR 686 (Bom.)(HC) Editorial : SLP is granted to the revenue, CIT v. Reliance Industries Ltd. (2019) 418 ITR 13 (St) (SC) /( 2020) 270 Taxman 19 (SC)

S. 37(1) : Business expenditure–Foreign travelling expenditure of trustee on tourist visa- Held to be allowable.

CIT v. Swadeshi Internationals (2019) 261 Taxman 430 (Karn.)(HC)

S. 37(1) : Business expenditure–Export business–Remuneration to trustees-Reasonableness of expenditure is to be judged from point of view of businessman and revenue cannot sit in arm chair of businessman to decide what is reasonable and what is not- Held to be allowable.

CIT v. Swadeshi Internationals (2019) 261 Taxman 430 (Karn.)(HC)

S. 37(1) : Business expenditure–Capital or revenue–Repair and renovation is held to be revenue expenditure. [S. 30]

PCIT v. Goa Tourism Development Ltd. (2019) 261 Taxman 500 (Bom.)(HC)