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. 115JB : Book profit-Banking companies-Accounts drawn in conformity with Banking Regulation Act, 1939-Not liable for minimum alternative tax.

CIT, LTU v. Vijay Bank (2021) 130 taxmann.com 148 (Karn.)(HC) Editorial : SLP was granted to revenue, CIT, LTU v. Vijay Bank (2021) 282 Taxman 296 (SC)

S. 115JB : Book profit-Write back of provision-Disputed excise duty-The denial of the benefit of writing back the provision to the assessee in these assessment years was illegal and the finding recorded by the Tribunal was valid and correct. [S.143(3)]

CIT v. Kerala Chemicals and Proteins Ltd. (2021) 438 ITR 333 (Ker.) (HC)

S. 92CA : Reference to transfer pricing officer-Opportunity of hearing-Opportunity of hearing must be given. [Art. 226]

Hitachi Hi Rel Power Electronics (P) Ltd. v. National Faceless Assessment Centre Del. (2021) 282 Taxman 520 / 205 DTR 201/ 322 CTR 593 (Guj.)(HC)

S. 92CA : Reference to transfer pricing officer-Alternative remedy-Writ is not maintainable-Corporate service-The order passed by the Tribunal in respect of reference made against an order passed under section 92CA for a particular assessment year was not binding for the subsequent assessment years. [S. 144C, 253, Art. 226]

Bonfiglioli Transmission Pvt. Ltd. v. Dy.CIT (2021) 437 ITR 251 (Mad.)(HC)

S. 92C : Transfer pricing-Arm’s length price-Comparable-Foreign Associated enterprises-Tested party-Matter remanded back to TOP. [S. 260A]

Virtusa Consulting Services (P) Ltd. v. Dy. CIT (2021) 282 Taxman 95/ 208 DTR 386/( 2022) 325 CTR 307 (Mad.)(HC)

S. 92A : Transfer pricing-Associated enterprises-Arm’s length price-Arranged price-Deletion of addition was set aside-Tribunal’s order as regards the value of scrap sales and the levy of interest and the 5 per cent. of interest income taken as expenditure was up held. [S. 10B, 92A(1), 92CA(3)]

CIT v. Tweezerman (India) Pvt. Ltd. (2021) 437 ITR 80 / 208 DTR 295/ 323 CTR 781 (Mad.)(HC)

S. 80P : Co-operative societies-Interest on deposits-Entitle to deduction. [Kerala Societies Registration Act, 1860, S. 2(19)]

PCIT v. Ettumanoor Service Co-Operative Bank Ltd. (2021) 437 ITR 305 (Ker.)(HC)

S. 80P : Co-operative societies-Entitle to deduction-Matter remanded.

PCIT v. Ponkunnam Service Co-Operative Bank Ltd. (2021)437 ITR 195 (Ker) (HC)

S. 80IB(10) : Housing projects-Open terrace of building not to be included for computation of built-up area-Time limit for completion of project-Date of approval of building plan and not date of lay-out-Completion Certificate issued by local panchayat would satisfy the requirement-Entitled to deduction. [S. 80IB(10)(b)]

CIT v. Shanmugham Muthu Palaniappan (2021) 437 ITR 276 (Mad.) (HC)

S. 80IA : Industrial undertakings-Infrastructure development-software technology park-Lease rentals-Assessable as business income-Eligible for deduction. [S. 28(i)]

CIT v. Rishabh Infopark (P) Ltd. (2021) 282 Taxman 143 (Mad.)(HC)