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-Adjustment was made on the basis of Location saving-Matter remanded-Inter group services-Justified in making the adjustment. [S. 92B]

Parexel International Clinical Research P. Ltd. v. Dy. CIT (2021) 92 ITR 1 (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Raw material from related parties-Arithmetical Mean Rate-Lowest or minimum rate-Deletion of addition is held to be justified. [S. 92C(2)]

Dy. CIT v. Ankit Metal and Power Ltd. (2021) 92 ITR 189 (Kol.) (Trib.)

S. 80IC : Special category States-Substantial expansion-Initial assessment year-Previous year in which substantial expansion undertaken would became initial assessment year-Entitled to 100 Per Cent. deduction from that assessment year subject to maximum period of ten years.

Tilak Raj Arora v. CIT (2021) 92 ITR 52 (SN) (Delhi)(Trib.)

S. 80IB(10) : Housing projects-Completion certificate-Application for issuance of certificate and fees was paid within time specified-Delay in issuance of certificate by Municipal corporation-Occupancy certificate deemed to have been issued-Entitle to deduction-Project for which building completion application was made 4-7-2014, schedule date of completion was 31-3-2014-Denial of exemption was justified-Entitle to deduction in respect of flats not exceeding area of 1500 Sq. ft-Delay in filing the appeal was condoned. [S. 254(1)]

Manjeera Projects v. ACIT (2021) 92 ITR 148 (Hyd.)(Trib.)

S. 69 : Unexplained investments-Cost of construction of residential property-Amount spent from out of salary savings-Addition was held to be not justified.

Anant Gurprasad v. ACIT (2021) 92 ITR 7 (SN) (Bang.)(Trib.)

S. 69 : Unexplained investments-Bogus purchases-Purchase and sale of diamonds-Report of investigation wing-Addition of 100 percent of total transactions was deleted, only addition of Rs. 20,000 was confirmed. [S. 143(3)]

Dhirajlal Popatlal Shah v. ITO (2021) 92 ITR 647 (Surat)(Trib.)

S. 68 : Cash credits-Creditors for purchases-Sales made accepted-Payment made in subsequent year was accepted-Books of account not rejected-Addition cannot me made merely because there was increase in creditors.

Godwin Construction Pvt. Ltd. v. ACIT (2021) 92 ITR 17 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Creditors-Confirmation and ledger copy was produced-Outstanding balance was written back and offered as income in latter years-Addition was deleted.

Carlson Hospitality Marketing (India) Pvt. Ltd. v. Dy.CIT (2021) 92 ITR 27 (SN) (Delhi)(Trib.)

S. 68 : Cash credits-Creditors withdrawing and depositing in the bank account of the assessee-Addition cannot be made as cash credits.

Erode Annai Spinning Mills P. Ltd. v. Dy. CIT (2021) 92 ITR 37 (SN) (Chennai)(Trib.)

S. 68 : Cash credits-Share capital and share premium-Books of account not produced-Matter remanded before CIT(A).

ACIT v. P.G. Holiday Inn Pvt. Ltd. (2021) 92 ITR 55 (SN) (Mum.)(Trib.)