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-Royalty-Net margin is higher than the margin of the comparables, addition was deleted-It is not obligatory for the assessee to demonstrate as to whether or not the international transaction has resulted into economic benefit. [S. 92BF(ii)]
Dow Agrosciences India (P) Ltd. v. ACIT (2021) 214 TTJ 1064 / 126 taxmann.com 240/(2022) 214 DTR 291 (Mum.)(Trib.)
S. 90 : Double taxation relief-Tax credit-Assessing Officer will examine the provisions of the respective tax treaty and compute thee admissible tax credit separately for each jurisdiction-Matter remanded. [S. 37(1), 90(3), 280Z, A297(2)(k), General Clauses Act, S 24]
Bank of India v. ACIT (2021) 209 TTJ 301 / 197 DTR 134 (Mum.)(Trib.)
S. 80P : Co-operative societies-Interest and dividend income-Directed the Assessing Officer to consider de novo and to verify whether assessee had deducted tax at source on interest payment to non-members exceeding Rs. 10,000 per annum. [S. 80P(2)(a)(i), 80P(4)]
Shri Shankarling Co-Operative Credit Souharda Sahakari Niyamit v. ITO (2021) 91 ITR 57. (SN) (Bang.)(Trib.)
S. 80P : Co-operative societies-Souhardasahakari Registered Under Karnataka Souharda Co-Operative Act, 1997-Eligible For Deduction [S. 2(19), 80P(2)(a)(i)]
ITO v. Pavagada Souharda Multi Purpose Co-Operative Ltd. (2021) 91 ITR 16 (SN) (Bang.)(Trib.)
S. 80P : Co-operative societies-Souhardasahakari Registered Under Karnataka Souharda Co-Operative Act, 1997-Eligible For Deduction [S. 2(19), 80P(2)(a)(i)]
ITO v. Pavagada Souharda Multi Purpose Co-Operative Ltd. (2021) 91 ITR 16 (SN) (Bang.)(Trib.)
S. 80P : Co-operative societies-Return filed in the status of firm-Rectification application moved to change the status as an AOP and for allowing the claim u/s. 80P of the Act-Conditions of section 80A(5) is not satisfied-Denial of deduction is valid. [S. 80A(5), 80P(2)(a)(i), 143(1), 154]
Shree Datta Prasad Sahakari Patsanstha Ltd. v. ITO (2021) 213 TTJ 617 / 205 DTR 337 / (2022) 193 ITD 285 (Mum.)(Trib.)
S. 80IC : Special category States-Estimate of GP at 40 percent of total turnover as against GP disclosed at 57-01 percent-Taxed difference of 17.01 as income from other sources and denied the exemption-Order of CIT(A) is affirmed. [S. 56, 145 (3)]
Sheo Shakti Coke Industries v. ACIT (2021) 91 ITR 231 / (2022) 192 ITD 463 (Kol.)(Trib.)
S. 80IC : Special category States-Set off loss-Initial assessment year-Assessment year 2007-08 is held to be initial assessment year-loss could be set off against profit of the eligible unit in the assessment year 2008-09-Reassessment was quashed. [S. 80IA(5), 8OIC(7), 147, 148]
Samrat Plywood Ltd. v. ACIT 210 TTJ 743 (Chd.)(Trib.)
S. 80IC : Special category States-Splitting up or reconstruction of business-Diversified its business to new products and product line-Eligible for deduction. [S. 800IA(3)]
DCIT v. Pool Thevar Marimuthu (Prop: M/s. Arun Enterprises), (2021) 213 TTJ 804 (Chennai)(Trib.)
S. 80IB(11A) : Undertaking-Business of processing, preservation and packing of fruits or vegetable eligible-Agricultural produce-handling, storage and transportation of food grains harmoniously interrelated as a single activity-Entitled to deduction.
Dy. CIT v. Daawat Foods Ltd. (2021) 91 ITR 110 (Delhi)(Trib.)