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-Net Margin Method or Cost-Plus Method-Directed to adopt cost plus method. [S.92CA]

A.O. Smith India Water Products Pvt. Ltd. v. Dy.CIT (2021) 86 ITR 38 (SN.) (Bang.)(Trib.)

S. 80P : Co-operative societies-Providing banking facilities to members-Interest earned from short-term deposit-Deduction allowable. [S. 80P(2)(a)]

Thota Uthpannagala Marata Sahakara Sangha Niyamitha v. Dy. CIT (2021) 86 ITR 134 (Bang.)(Trib.)

S. 69C : Unexplained expenditure-Accommodation entries-Report from investigation wing-Purchase and sales details were furnished-Addition was held to be not justified.

ACIT v. Vikas J.Solanki (2021) 86 ITR 517 (Mum.)(Trib.)

S. 69C : Unexplained expenditure-Interest paid on post dated cheques-No evidence that there was transfer of money-Addition cannot be made.

Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)

S. 69A : Unexplained money-Cash found during search-Sale of scrap-Cash was reflected in the balance sheet-Addition cannot be made. [S. 153A]

ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)

S. 69A : Unexplained money-Capital gains-Penny stock-Accommodation entry-Purchase and sale of sales through SEBI Registered Broker-Merely on basis of Investigation report that shares were penny stock-Addition not sustainable. [S. 10(38), 45]

Jawaad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.) Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)

S. 69 : Unexplained investments-Search and seizure-Finance broker-Interest income-No cash loan-Deletion of addition is justified. [S. 132]

ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore) (Trib.)

S. 68 : Cash credits-Loans-Lender companies replied to the Assessing Officer in response to notice received by them and also filed the documents called including balance sheet-Inspectors report stating that lender companies are not traceable-Statement of parties taken in the course of survey was neither given nor given an opportunity of cross examination-No adverse inference can be drawn against the asseesee-Deletion of addition was held to be justified. [S.133(6), 133A]

ACIT v. Sreeleathers (2021) 86 ITR 7 (SN) (Kol.)(Trib.)

S. 68 : Cash credits-Share application money-Genuineness not established-Addition was justified-Un secured loan-Onus discharged-Addition was not justified. [S. 131]

Garima Polymers Pvt. Ltd. v. ACIT (2021) 86 ITR 261 (Delhi)(Trib.)

S. 68 : Cash credits-Convertible warrants-Receipts of money over three years-Genuineness of and creditworthiness of transaction was established-Deletion of addition was justified.

Dy.CIT v. MPS Infotecnics Pvt. Ltd. (2021) 86 ITR 141 / 211 TTJ 230 / 201 DTR 209 (Delhi)(Trib.)