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-Functional dissimilarity-Product company having inventories and undertaking very high level research work-Excluded from list of comparable Companies. [S. 92CA]

Invitrogen Bioservices India Pvt. Ltd. v. ACIT (2021) 90 ITR 91 (SN) (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Functionally different-Cannot be comparable.

Dell International Services India P. Ltd. v. Add. CIT (LTU) (2021) 90 ITR 61 (SN.) (Bang.)(Trib.)

S. 80P : Co-operative societies-Interest and dividend-Profits attributable to activity of providing credit facilities to its members-Matter remanded to the Assessing Officer. [S. 80P(2)(a)(i), 80P(2)(d)]

Venoor Co-Operative Agricultural Bank Ltd. v. ITO (2021) 90 ITR 20 (SN) (Bang.)(Trib.)

S. 80P : Co-operative societies-Members to be construed as per definition of Concerned Co-Operative Societies Act-Matter remanded-Interest from investment in Co-Operative Societies eligible for deduction-Interest from any Bank which is not-Co-Operative Society is not eligible for deduction. [S. 80P(2))(a), 80P(2)(d)]

Potters Cottage Industrial Co-Operative Society Ltd. v. ITO (2021) 90 ITR 73 (SN) (Bang.)(Trib.)

S. 80P : Co-operative societies-Income from sale of mutual funds to be taxed as capital gains-Interest on fixed deposits taxable as income from other sources”-Loss for year and brought forward loss from sale of mutual funds to be set off. [S. 45, 70, 71, 80P(2)(a)(i)]

ITO v. Maharashtra State Co-Operative Credit Societies Deposit Guarantee Corp. Ltd. (2021) 90 ITR 36 (SN) (Pune)(Trib.)

S. 80P : Co-operative societies-Income from sale of mutual funds to be taxed as capital gains-Interest on fixed deposits taxable as income from other sources”-Loss for year and brought forward loss from sale of mutual funds to be set off. [S. 45, 70, 71, 80P(2)(a)(i)]

ITO v. Maharashtra State Co-Operative Credit Societies Deposit Guarantee Corp. Ltd. (2021) 90 ITR 36 (SN) (Pune)(Trib.)

S. 80P : Co-operative societies-Set-off of expenditure-Interest Income-Matter remanded for verification to ascertain ehther the expenditure was incurred exclusively for maintenance of housing Society. [S. 56, 57, 80P(2)(d)]

Hyde Park (A) Co-Operative Housing Society Ltd. v. ITO (2021)90 ITR 50 (SN) (Pune)(Trib.)

S. 80JJAA : Employment of new workmen-Certificate in form 10DA-High salaries cannot be the basis for denial of exemption.

OnMobile Global Ltd. v. Add. CIT (2021) 90 ITR 18 (SN) (Bang.) (Trib.)

S. 80IC : Special category States-Failure to allocate financial expenses-Assessee allocating on the basis of ratio 58. 67 %-The Assessing Officer computing 58.69%-Held to be justified.

Rasna Pvt. Ltd. v. Dy.CIT (2021) 90 ITR 39 (SN) (Ahd.)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Functional Test-Each unit must function independently-Matter remanded. [S. 80IA(4)(iii)]

Dy. CIT v. Gopalan Enterprises (India) Pvt. Ltd. (2021) 90 ITR 30 (SN) (Bang.)(Trib.)