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. 144 : Best judgment assessment-Ad-hoc disallowance on percentage basis-Books of account audited by chartered accountant-Ad-hoc disallowance was deleted [S. 37(1), 145(3)]

Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)

S. 143(2) : Assessment-Notice issued by the Assessing Officer not having jurisdiction over assessee-Additional ground admitted-Not curable defects u/s .292BB of the Act-Assessment order was quashed. [S. 127(4), 254(1), 292BB]

Golf View Homes Ltd. v. ACIT (2021)88 ITR 423 / 212 TTJ 472 / 207 DTR 199 (Bang.)(Trib.)

S. 115JB : Book profit-Provision created for premium payable on redemption of debentures-Ascertained liability-Not to be added to book profits.

ACIT v. Investment Trust of India Ltd. (2021) 88 ITR 566 / 211 TTJ 777 / 203 DTR 289 (Chennai) (Trib.) Dy. CIT v. HFCL Infotel Ltd. (2021) 88 ITR 566/ 211 TTJ 777 / 203 DTR 289 (Chennai)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Software development service-Comparable-Companies providing software development services as well as sale of software products-Directed to exclude from the final set of comparbles. [S. 92CA(3)]

Fiserv India Pvt. Ltd. v. ACIT (2021) 88 ITR 217 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Payment of professional fees-No adjustment required-Assessing Officer cannot disallow expenses. [S. 37(1)]

ACIT v. Lifestyle International (P.) Ltd. (2021) 88 ITR 79 (Bang.) (Trib.)

S. 92C : Transfer pricing-Arm’s length price-Advances to associated enterprises-No interest chargeable-No adjustment is required-Performance bank guarantees-Commission was paid by its subsidiary-No adjustment required. [S. 92CA]

KEC International Ltd. v. Dy. CIT (2021) 88 ITR 246 (Mum.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Comparables-Functional dissimilarity-Excluded. [S. 92CA]

Dy. CIT v. Altisource Business Solutions P. Ltd. (2021) 88 ITR 135 (Bang.)(Trib.)

S. 92BA : Transfer pricing-Reference to transfer pricing officer was held to be not valid-Directed to re-examine the issue in terms of section 40A(2)(b) of the Act. [S.40A(2)(b)]

Sobha City v. ACIT (2021) 88 ITR 337 (Bang.)(Trib.)

S. 80G : Donation-Religious trust-providing accommodation to persons propagating and disseminating Dharmik Shiksha in society as a whole-Not to particular community or religion-Denial of approval was held to be not valid-Directed to grant approval. [S. 12AA]

Om Sat Sanatan Geeta Bhawan Trust v. CIT(E) (2021) 88 ITR 764 (Chd.)(Trib.)

S. 72 : Carry forward and set off of business losses-Unabsorbed depreciation loss-Carried forward business loss and unabsorbed depreciation loss should be allowed in accordance with law. [S. 32(2)]

Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)