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
Click here to download the pdf versions of the Digest of case laws
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Amalgamation scheme approved by High Court-All three conditions of s. 72A(2) cumulatively and required of rule 9C fulfilled-Intention behind merger ratified-AO rightly directed by CIT(A) to allow set off losses of amalgamating company in hands of the assessee. [S. 72A(2)]
Piramal Enterprises v. Addl. CIT (2022) 216 TTJ 802 (Mum)(Trib)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Losses of amalgamating company-High Court approved the scheme of merger-The merger scheme cannot be disturbed by the Revenue by merely alleging that the merger was only to buy losses and that it is a colourable device. [R. 9C Companies Act, 1956 S. 391(7)]
Dy. CIT v. Piramal Enterprises Ltd. (2022) 216 TTJ 802 (Mum)(Trib)
S. 72A : Carry forward and set off of accumulated loss and unabsorbed depreciation-Amalgamation-Assessing Officer had rejected claim for carry forward of business loss-loss is not available to set off. [S. 79]
ACIT v. Hotel Leela Venture Ltd. (2022) 219 TTJ 1087 / 218 DTR 233 / (2023) 146 taxmann.com 350 (Mum)(Trib)
S. 69C : Unexplained expenditure-Bogus purchases-If purchases are accepted in subsequent years, information/reasons based solely on investigation wing report and on statement recorded of third party with no independent satisfaction of AO, no opportunity to cross-examine parties then reopening and addition not sustainable [S. 143(3), 147, 148]
Supertech Forgings (India) Pvt. Ltd. v. DCIT (2022) 217 TTJ 161/ 214 DTR 33 (Asr)(Trib)
S. 69C : Unexplained expenditure-Cash credits-Method of accounting-Unexplained expenditure-Difference between amount reflected in books of account and in Form 26AS-No defects in the books of account-Addition was deleted [S.68, 133(6), 145, Form No 26AS]
Shri Jeen Mata Buildcon (P) Ltd v. ITO (2022) 97 ITR 706 (Jaipur)(Trib)
S. 69C : Unexplained expenditure-Expenditure on raising of loan-Notional and hypothetical addition-Cannot be sustained.
Young Indian v. ACIT (E) (2022)95 ITR 33 / 218 TTJ 1 (Trib) (SN) (Delhi)(Trib)
S. 69C : Unexplained expenditure-Miscellaneous expenses-Self made vouchers-Allowable as deduction.
Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)
S. 69C : Unexplained expenditure-Transportation expenses-Mistake of accountant-Salary expenditure has been shown as expenses along with transportation expenses-Disallowance is not justified.
Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)
S. 69C : Unexplained expenditure-Office expenses-Inadvertent error-Salary and wages-Wrongly debited to office expenses-Addition is not justified.
Welkin Telecom Infra (P.) Ltd. v Dy. CIT (2022)96 ITR 475 (Kol) (Trib)
S. 69C : Unexplained expenditure-Site expenses-Support services To telecommunication operators and functioning at more than 3,300 work sites-Not Tenable.[S. 144, 145]
Welkin Telecom Infra (P.) Ltd. v. Dy. CIT (2022)96 ITR 475 (Kol) (Trib)