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-Rendering business support services-Reimbursement with mark-up-Matter remanded to CIT(A) for adjudication de novo.

BBC World Service India Pvt. Ltd. v. Dy. CIT (2022) 93 ITR 28 (SN) (Delhi)(Trib.)

S. 92B : Transfer pricing-Arm’s Length Price-Provision of corporate guarantee to associated enterprise-International Transaction-Order of CIT(A) is affirmed. [S. 92C]

PCI LTD. v. ACIT (2022)93 ITR 47 (SN) (Delhi)(Trib.)

S. 80P : Co-operative societies-Interest earned on money deposited in Nationalised Bank-Taxable as income from other sources-Interest earned on securities with Reserve Bank of India-Eligible for exemption-Enhanced business profits on account of disallowances-Qualify for exemption-Members includes nominal members and extraordinary members-Eligible for exemption. [S. 56, 80P(2)(a)(i), Maharashtra Co-operative Societies Act, 1960]

Nashik Road Nagari Sahkari Patsanstha Ltd. v. ITO (2022) 93 ITR 44 (SN) (Pune)(Trib.)

S. 80IA : Industrial undertakings-Infrastructure development-Initial assessment Year-Option to choose with assessee-Deduction to be computed without setting off unabsorbed Depreciation-Windmill-Expenditure were incurred for effective functioning of Windmills-Depreciation allowable. [S. 32, 80IA(2)]

ACIT v. Kalthia Engineering and Construction Ltd. (2022) 93 ITR 30 (SN) (Ahd.)(Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries-CIT(A) estimated at 25 percent-Tribunal restricted the addition to 12.5 percent.

Anil Arora v. ITO (2022) 93 ITR 56 (SMC)(SN) (Delhi)(Trib.)

S. 69 : Unexplained investments-Deposit of cash in bank account-Addition was deleted-Cash deposits and withdrawal-Concealment penalty-Matter remanded. [S. 271(1)(c)]

Sudhir Angre v. ITO (2022)93 ITR 69 (SN) (Pune)(Trib.) Sunil Angre v. ITO (2022)93 ITR 69 (SN) (Pune)(Trib.)

S. 69 : Income from undisclosed sources-Entries in cash book on date of issue of cheque-Presented in Bank subsequently-Matter remanded for verification.

Niyant Heritage Hotels (P.) Ltd. v ITO (2022) 93 ITR 11 (SN) (Delhi) (Trib.)

S. 69 : Income from undisclosed sources-Entries in cash book on date of issue of cheque-Presented in Bank subsequently-Matter remanded for verification.

Niyant Heritage Hotels (P.) Ltd. v ITO (2022)93 ITR 11 (SN) (Delhi) (Trib.)

S. 68 : Cash credits-Accommodation entries-Entire deposit cannot be added as income of the assessee-Estimating the commission at 0.6 percent is held to be appropriate.

ITO v. Rakesh Relan (2022) 93 ITR 39 (SN) (Delhi)(Trib.)

S. 56 : Income from other sources-Purchase of immovable property for value less than stamp duty value-Amendment is applicable for assessment year 2014-15 and subsequent years-Amendment is not retrospective-Unable to explain the source of cash payment-Assessable as income undisclosed income. [S. 56 (2)(vii)(b), 69].

Balaram Suryavanshi v. ITO (2022) 93 ITR 4 (SN) (Kol.)(Trib.)