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. 145 : Method of accounting-Sale proceeds-Difference between books of account and as per TDS certificate-Only embedded portion of profits was to be taken into-addition cannot be made of entire turnover. [S. 69A]

Sohan Lal Aggarwal v. ACIT (2021) 190 ITD 850 (Delhi)(Trib.)

S. 127 : Power to transfer cases-Transfer of case from one Assessing Officer to another Assessing Officer within same city-No statutory requirement for notice or prior intimation to be given to assessee. [S. 127(3)]

Jaswantlal J. Shah v. ACIT (2021) 190 ITD 157 (Mum.)(Trib.)

S. 115WB : Fringe benefits-Agreement to provide free electricity to employees-Justified in making an addition in hands of assessee towards Fringe benefit tax on account of expenditure pertaining to staff towards electricity consumption.

Singareni Colleries Company Ltd. v. ACIT (2021) 190 ITD 917 (Hyd.)(Trib.)

S. 115BBE : Tax on specified income-Search and seizure-Surrender of income-Amount surrendered cannot be taxed at higher rate of tax. [S. 68 to 69D]

Bajaj Sons Ltd. v. (2021) 190 ITD 128 / 91 ITR 498 (Chd.)(Trib.)

S. 92B : Transfer pricing-International transaction-AMP expenses-Advertising, marketing and promotion-Domestic parties-Not international transaction-Addition was directed to be deleted.

Amadeus India (P.) Ltd. v. ACIT (2021) 190 ITD 253 (Delhi)(Trib.)

S. 90 : Double taxation relief-Salary-Tax Residency certificate-Salary income from Australia cannot be taxed in India-DTAA-India-Australia. [S. 5(2), 9(1)(1), 10, Art. 15]

Vamsee Krishna Kundurthi v. ITO (2021) 190 ITD 68 (Hyd.)(Trib.)

S. 80IAB : Undertaking-Development of Special Economic Zone-Developer-Operation and maintenance-Entitle to deduction.

DCIT v. Zydus Infrastructure (P.) Ltd. (2021) 190 ITD 652 (Ahd.) (Trib.)

S. 80G : Donation-Statutory body created under Sikh Gurudwara Act, 1925-Religious purposes-Engaged in numerous charitable activities like running School, colleges, Medical colleges, Hospitals, Library, Sarai, Lunger, flood relief camps etc.-Entitle to benefit under section 80G(5)(iii) of the Act. [S. 80G(5)(iii)]

Shirmoni Gurdwara Parbandhak Committee v. CIT (2021) 190 ITD 888 (Amritsar)(Trib.)

S. 74 : Losses-Capital gains-Security transaction tax-Loss from sale of long term capital asset-Allowed to be carried forward for set off though long term capital asset is exempt. [S. 10 (38), 45]

Shiv Kumar Jatia v. ITO (2021) 190 ITD 181 (Delhi)(Trib.)

S. 69A : Unexplained money-Cash credits-Amounts deposited in the bank-Cash withdrawal and redeposit-Sale of computer parts-Explanation was not satisfactory-Addition was held to be justified-Addition on account of salary was held to be not justified. [S. 68]

Arpit Goel v. ITO (2021) 190 ITD 42 (Delhi)(Trib.)