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. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparables-Business process outsourcing services and doing actual work based on specifications provided by Associated Enterprises-Company functionally different and not comparable to be excluded–Extraordinary event of acquisitions renders is not comparable. [S.92C(3)]

BNY Mellon International Operations (I) P. Ltd. v. ACIT (2023) 103 ITR 43 (SN)/ 150 taxmann.com 527 (Pune) (Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Reimbursement of expenses on actual-cost basis-Meeting of statutory duties, fees and other charges-Adjustment is not valid. [S.92CA]

Dy. CIT v. Aatash Narcontrol Ltd. (2023)103 ITR 334/ 149 taxmann.com 157 (Ahd)(Trib)

S. 68 : Cash credits-Unexplained sundry creditors-Summons issued to creditors returned-Unsigned copies of ledger accounts-Confirmations signed only by assessee and not by creditors-Matter remanded. [S. 131(1)(d)]

Neeraj Agrawal v. Dy. CIT (2023)103 ITR 398 / 152 taxmann.com 632 (All)(Trib)

S. 68 : Cash credits-Unaccounted money-Substantial addition is made-Deletion of addition is justified.

Welspun Steel Ltd. v. Dy. CIT (2023)103 ITR 354 / 152 taxmann.com 62 (Mum) (Trib)

S.54F : Capital gains-Investment in a residential house-Monthly tenancy-Owner entering into development agreement –Development of building-Two flats in new building is allotted to assessee and spouse-Market value as consideration-Relinquishment of tenancy rights in lieu of allotment of new flat-Entitle to exemption –Power of Tribunal-Death of the assessee during pendency of appeal-Tribunal has the power to decide the appeal on the relevant material [S. 45, 254(1), ITAT R.1963, R.26]

ITO v. Bejoy Kumar Chirimar (2023) 103 ITR 1(SN)(Kol)(Trib)

S. 43(1) : Actual cost-Depreciation-Amalgamation of Banks Amalgamating Bank Ceases To Exist-Tribunal Right In Allowing Depreciation On Assets Taken Over Pursuant To Amalgamation With Assessee [S. 32, 43(1), Explanation 7]

Dy. CIT v. Indian Bank Ltd. (2023)103 ITR 700 (Chennai)(Trib)

S. 37(1): Business expenditure-Capital or revenue-Lease premium paid at commencement of lease-Allowable proportionately as revenue expenditure over the lease period-Addition is deleted.

Teejay India P. Ltd. v. Dy. CIT (2023)103 ITR 52 / 152 taxmann.com 70 (Vishakha) (Trib)

S. 35D : Amortisation of preliminary expenses-Only small amount as capital expenditure-Balance representing one-Fifth Of preliminary expenses is allowed. [S. 37(1)]

Dy. CIT v. Aatash Narcontrol Ltd. (2023)103 ITR 334// 149 taxmann.com 157 (Ahd)(Trib)

S. 32 : Depreciation-Rate of depreciation-Plant and machinery-Vacuum Cleaner, Water Dispenser and Epabx Machine-Not furniture and fittings-Eligible to depreciation at rate of 15 Per Cent. [S. 32 (1)(ii)(a), 32A]

Dy. CIT v. Aatash Narcontrol Ltd. (2023)103 ITR 334 / 149 taxmann.com 157 (Ahd)(Trib)

S. 22 : Income from house property-Business income-Stock in trade-Deemed rent on unsold flats-Addition is not justified.[S.28(i)]

Cosmopolis Constructions v. ACIT (2023)103 ITR 543 (Pune) (Trb)