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. 80IB : Industrial undertakings-Fertilizer subsidy-income derived from the business-Eligible for deduction. [S. 28(i)]

Tata Chemicals Ltd. v. Dy.CIT (2022) 216 TTJ 402 /95 ITR 134 (Mum.)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Miscellaneous receipts from the sale of scrap-Eligible for deduction.-Block of assets-Insurance claims-Capitalized-Deduction not available. [S. 2(11)]

GVK Jaipur Expressway (P.) Ltd. v. Dy. CIT (2022) 216 TTJ 540 (Jaipur)(Trib.)

S. 80G : Donation-Bona fide reason that challenging rejection of application under section 12A is sufficient to cover rejection of approval under section 80G as well, is a reasonable reason to condone delay in filing appeal challenging rejection of application under section 80G. [S. 12A]

Artemis Education & Research Foundation v. CIT(E) (2022) 192 ITD 173 / 92 ITR 45 / 210 DTR 113 / 216 TTJ 58 (Delhi)(Trib.)

S. 69B : Amounts of investments not fully disclosed in books of Amount has to be explained as per the books of accounts maintained by the assessee-Explanation cannot be offered on the basis of amount reflecting in sister concerns books of account. [S. 145]

DCIT v. Ambreen Projects & Infrastructure (P) Ltd. (2022) 216 TTJ 38 / 213 DTR 41 (Delhi)(Trib.)

S. 68 : Cash credits-Share Capital-Identity and creditworthiness established-Deletion of addition is held to be justified.-Additional evidence-AO has not raised any objection-Admission of additional evidence is held to be justified. [R. 46A]

ACIT v. Jiji Industries Ltd. (2022) 64 CCH 360 / 216 TTJ 858 / 212 DTR 81 (Indore)(Trib.)

S. 68 : Cash credits-Non-furnishing of evidence and non-genuine business activity-Entire gross profits treated as undisclosed income-Addition is deleted as primary onus of proving the genuineness is discharged. [S. 131]

Kailash Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) (Pune)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Special Bench-Shell company-Accommodation entries-Circumstances indicate that the investor company is a shell company-Matter referred to special bench. [S. 254]

DCIT v. Lotus Logistics & Developers Ltd. (2022) 195 ITD 241 / 216 TTJ 241 /211 DTR 185 (Mum.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Sale of industrial plot of land with an office builtup area on ground floor and so-called residential built up area on first floor-Not entitled to deduction u/s. 54 of the Act-Allowed deduction u/s. 54F [S. 54F]

Chain Singh Mundra v. ITO (2022) 194 ITD 718 / 216 TTJ 761 / 211 DTR 377 (Chd.)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Land appurtenant-Sale of plot-Entitle to exemption-Cost of costly items purchased for the new house cannot be held to be treated as investment for making the house habitable-Not entitled to exemption. [S. 45, 54F]

Charu Agarwal v. Dy. CIT(IT) (2022) 194 ITD 478/ 216 TTJ 428 (Delhi)(Trib.)

S. 45 : Capital gains-Transfer of property in the preceding year-Transfer of property took place on execution of sale deed in the preceding year, the amount of capital gains cannot be charged to tax for the assessment year. [S. 2(47)(i), 147, 148, Transfer of Property Act,1882, S. 53A, Indian Registration Act, 1908, S. 17, 49, 171(IA)]

Beena Shammi Choudhari (Smt.) v. ITO (2022) 64 CCH 119 / 216 TTJ 888 / 214 DTR 185 (SMC) (Pune)(Trib.)