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
Click here to download the pdf versions of the Digest of case laws

S. 69 : Unexplained investments-Recorded in the books of account-Deletion of addition is held to be valid.

PCIT v. Inland Road Transport Ltd. (2022) 286 Taxman 613 (Cal.)(HC)

S. 68 : Cash credits-Shares of Raj Darbar Group brought back the shares at much lower rate at which the shares were allotted-Addition was made not on the basis of seized materials or statements-Deletion is held to be justified. [S. 132, 153C]

PCIT v. Vikas Telecom Ltd. (2022) 286 Taxman 238 / 209 DTR 373 / 324 CTR 341 (Delhi)(HC)

S. 68 : Cash credits-Unsecured loans-Established genuineness and credit worthiness-Deletion of addition was justified.

PCIT v. Inland Road Transport Ltd. (2022) 286 Taxman 613 (Cal.)(HC)

S. 68 : Cash credits-Reconciliation of statement-Supported by evidence-Order of Tribunal was affirmed. [S. 260A]

PCIT v. AHW Steels Ltd. (2022) 286 Taxman 330 /( 2023) 450 ITR 709 (Cal)(HC)

S. 48 : Capital gains-Sale consideration-Fair market value deemed to be full value of consideration in certain shares-Transfer of a plot of land-Joint Development agreement-Not ascertainable-Guidance value of land would be appropriate mode to determine full value of consideration-Provision of section 50D came in to force with effect from 1-4-2013 is not applicable for the year under consideration. [S. 45, 50D]

PCIT v. CPC Logistics Ltd. (2022) 286 Taman 38 (Karn.)(HC)

S. 45 : Capital gains-Transfer-Immovable property-Unregistered agreement-Joint development agreement-Payment from developer-Not assessable as capital gains [S. 2(47)(v), Transfer of Property Act, 1882, S. 53A]

PCIT v. Shelter Project Ltd. (2022) 445 ITR 291 / 286 Taxman 392 (Cal.)(HC)

S. 45 : Capital gains Full value of consideration-Deductions -Consideration on sale shares including sum held in Escrow Account offered to tax-Receiving reduced sum from Escrow Account after Completion of assessment-Whole amount credited in book not taxable as capital gains-Only actual amount received taxable-Entitled to refund of excess tax paid-Recomputation can be less than the returned income-Proviso to section 240 is not applicable-The assessee can be asked to pay only such amount of tax which is legally due under the Act and noting more-Entitle to refund of excess tax paid [S. 48, 264, Art, 226]

Dinesh Vazirani v. PCIT (2022)445 ITR 110/ 288 Taxman 325/ (2024) 337 CTR 380 (Bom.)(HC)

S. 43B : Deductions on actual payment-Service tax-Deduction available on actual payment.

PCIT v. Zuberi Engineering Co. (2022) 286 Taxman 686 (Raj.)(HC)

S. 43B : Deductions on actual payment-Statutory corporation-Obligation of agent to account for and pay amounts collected by him on behalf of principal is purely fiduciary-Disallowance is not valid. [Electricity Supply Act, 1948, S. 5]

PCIT v. Kerala State Electricity Board (2022) 137 taxmann.com 85 (Ker.)(HC) Editorial : Notice issued in SLP filed by Revenue, PCIT v. Kerala State Electricity Board. (2022) 286 Taxman 438 (SC)

S. 43B : Deductions on actual payment-Employees’ and employers contribution-Paid before due date of filing of return-Allowable as deduction. [S. 139(1)]

PCIT v. Bramha Corp Hotels and Resorts Ltd(2022) 136 taxmann.com 398 (Bom.)(HC) Editorial : SLP filed against order of High Court was to be dismissed as withdrawn. PCIT v. Bramha Corp Hotels and Resorts Ltd. (2022) 286 Taxman 265 (SC)