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. 143(3) : Assessment-Amalgamation of Banks by Gazette Notification-Assessment in the name of amalgamated or merged Entity-Assessment in the name of non-existent entities is held to be not sustainable.

Gurgaon Gramin Bank v. ACIT (2021) 90 ITR 11 (SN) (Delhi) (Trib.) Haryana Gramin Bank v. ACIT (2021) 90 ITR 11 (SN) (Delhi) (Trib.)

S. 143(3) : Assessment-Income from undisclosed sources-Survey-Discrepancy of stock-Addition can be made only to the extent of profit element in sales considering the average sale price as ascertainable from sales recorded and not entire sale proceeds. [S. 133A]

Gulab Singh v. ITO (2021) 90 ITR 93 (SN) (All.)(Trib.)

S. 143(3) : Assessment-Bogus purchases-Grey market-Affidavit before Sales tax department-Only profit element can be estimated. [S. 133(6)]

Max Realities LLP v. Dy. CIT (2021) 90 ITR 42 (SN) (Mum.)(Trib.)

S. 142(2A) : Inquiry before assessment-Special audit-Writ petition was pending-No stay of proceedings-Assessment completed beyond statutorily prescribed period-Barred by limitation. [S. 153A, 153B

Eminent Infradevelopers Pvt. Ltd. v. Dy.CIT (2021) 90 ITR 678 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Advertisement and publicity expenses-Margin earned higher than the third party transactions-Adjustment made was deleted.

ITO v. Hairr Appliances (India) Pvt. Ltd. (2021) 90 ITR 47 (Delhi)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Consultancy services-Matter remanded.

Johnson Matthey Chemicals India P. Ltd. v. Dy. CIT (2021) 90 ITR 75 (SN) (Pune)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Functional dissimilarity-Product company having inventories and undertaking very high level research work-Excluded from list of comparable Companies. [S. 92CA]

Invitrogen Bioservices India Pvt. Ltd. v. ACIT (2021) 90 ITR 91 (SN) (Bang.)(Trib.)

S. 92C : Transfer pricing-Arm’s length price-Functionally different-Cannot be comparable.

Dell International Services India P. Ltd. v. Add. CIT (LTU) (2021) 90 ITR 61 (SN.) (Bang.)(Trib.)

S. 80P : Co-operative societies-Interest and dividend-Profits attributable to activity of providing credit facilities to its members-Matter remanded to the Assessing Officer. [S. 80P(2)(a)(i), 80P(2)(d)]

Venoor Co-Operative Agricultural Bank Ltd. v. ITO (2021) 90 ITR 20 (SN) (Bang.)(Trib.)

S. 80P : Co-operative societies-Members to be construed as per definition of Concerned Co-Operative Societies Act-Matter remanded-Interest from investment in Co-Operative Societies eligible for deduction-Interest from any Bank which is not-Co-Operative Society is not eligible for deduction. [S. 80P(2))(a), 80P(2)(d)]

Potters Cottage Industrial Co-Operative Society Ltd. v. ITO (2021) 90 ITR 73 (SN) (Bang.)(Trib.)