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. 143(3): Assessment-Cash Credits-Search and seizure-Assessment of third person-Statement of employees who were not aware of entire business activities-Addition deleted by the CIT(A) [S. 132(4), 133A]

Dy.CIT v. Planet Hollywood India P. Ltd. (2024)114 ITR 22 (SN)(Mum)(Trib)

S. 143(3): Assessment-Search and seizure-Cash deposit in bank-Undisclosed income-Unaccounted sale receipts-Sale Of Property-Addition made as percentage of profit on sale receipts-Further addition on loan and interest is deleted.[S. 132]

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar (Trib)

S. 143(3): Assessment-Survey-Agreement for purchase of property-Addition confirmed in the assessment of HUF-Addition is not justified-Advance payment was made in earlier year-Addition is deleted.[S.133A]

Darshan Garg v. ACIT (2024)114 ITR 151 (Amritsar) (Trib)

S. 143(3): Assessment–Search and seizure-Undisclosed income-Unaccounted sale receipts-Sale of property-Addition made as percentage of profit on sale receipts-Same receipts cannot be assessed as undisclosed income-Cash deposited in bank-Sale of property-Disclosed in the balance sheet-Addition is deleted. [S. 69, 132]

Dy. CIT v. Guru Nanak Milk Products (2024)114 ITR 344 /232 TTJ 325 (Amritsar)(Trib)

S. 143(3): Assessment-Service of notice-Limitation-Assessment completed before the limitation period-Served after limitation period-Order is not time barred.[S. 153, 282,R.27, General Clauses Act, 1897 S.27]

Bando (India) P. Ltd. v. Dy. CIT (2024)114 ITR 275 (Delhi)(Trib)

S. 115JB : Company-Book profit-Export-Matter remanded to examine revised admissible deduction under Section 80HHC.[S.28 to 44AD, 80HHC]

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)

S. 94 : Avoidance of tax-Transaction in securities-Capital loss-Dividends-Transaction in securities-Dividend stripping-Profit on sale of investments set off against short-term capital loss-Matter remanded.[S.55(2(aa), 94(7), 94(8)]

Hindalco Industries Ltd. v. Dy. CIT (2024)114 ITR 502 (Mum)(Trib)

S. 92CA : Transfer pricing Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Working capital adjustment-Wide variation-Matter remanded for fresh examination.

Intas Pharmaceuticals Ltd. v. ACIT (2024)114 ITR 546 (Ahd)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-
International transaction-Transactional Net Margin Method-Purchase of raw materials-Adjustment upheld-Adjustments to profit margin by transactional net margin method rejected-Defective material supply-Abnormal cost included in actual cost-further adjustment of cost by re categorisation as income not per principle of transfer pricing-Transfer pricing adjustment deleted.[S.92CA]

Dy. CIT v. Avo Carbon India P. Ltd. (2024)114 ITR 94 (SN)(Chennai)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparables-Functionally different-Higher turnover-Excluded from final list-Appeal-Appeal is filed with in 60 days from the date of judgement High Court-No delay in filing of appeal. [S.92CA, 254(1)]

Virtusa Consulting Services P. Ltd. v. Dy. CIT (2024)114 ITR 386 (Chennai)(Trib)