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-Software development service-Comparable-Companies providing software development services as well as sale of software products-Directed to exclude from the final set of comparbles. [S. 92CA(3)]
Fiserv India Pvt. Ltd. v. ACIT (2021) 88 ITR 217 (Delhi)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Payment of professional fees-No adjustment required-Assessing Officer cannot disallow expenses. [S. 37(1)]
ACIT v. Lifestyle International (P.) Ltd. (2021) 88 ITR 79 (Bang.) (Trib.)
S. 92C : Transfer pricing-Arm’s length price-Advances to associated enterprises-No interest chargeable-No adjustment is required-Performance bank guarantees-Commission was paid by its subsidiary-No adjustment required. [S. 92CA]
KEC International Ltd. v. Dy. CIT (2021) 88 ITR 246 (Mum.)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Comparables-Functional dissimilarity-Excluded. [S. 92CA]
Dy. CIT v. Altisource Business Solutions P. Ltd. (2021) 88 ITR 135 (Bang.)(Trib.)
S. 92BA : Transfer pricing-Reference to transfer pricing officer was held to be not valid-Directed to re-examine the issue in terms of section 40A(2)(b) of the Act. [S.40A(2)(b)]
Sobha City v. ACIT (2021) 88 ITR 337 (Bang.)(Trib.)
S. 80G : Donation-Religious trust-providing accommodation to persons propagating and disseminating Dharmik Shiksha in society as a whole-Not to particular community or religion-Denial of approval was held to be not valid-Directed to grant approval. [S. 12AA]
Om Sat Sanatan Geeta Bhawan Trust v. CIT(E) (2021) 88 ITR 764 (Chd.)(Trib.)
S. 72 : Carry forward and set off of business losses-Unabsorbed depreciation loss-Carried forward business loss and unabsorbed depreciation loss should be allowed in accordance with law. [S. 32(2)]
Kaneria Granito Ltd. v. Dy. CIT (2021) 88 ITR 7 (SN) (Surat)(Trib.)
S. 69A : Unexplained money-Survey-Undisclosed income was offered net of expenses excluding expenses claimed in profit and loss account-Set off of business loss and depreciation is to be allowed-Matter remanded. [S. 32, 72, 133A]
Shanti Enterprises v. Dy. CIT (2021) 88 ITR 31 (SN) (Surat)(Trib.)
S. 68 : Cash credits-Rotation of disclosed funds between group entities-Addition cannot be made as cash credits-Proof of creditworthiness was supplied-Addition cannot be made without making further enquiry. [S. 133(6)]
ITO v. Angel Cement Pvt. Ltd. (2021) 88 ITR 616 (Delhi)(Trib.)
S. 54EC : Capital gains-Investment in bonds-Invested Rs.50 lakhs in two different financial years-Entitle to deduction in both the years-Amendment is effective from assessment year 2015-16 and not applicable to earlier years. [S. 45]
Prima P. Ltd. v. ACIT (2021) 88 ITR 45 (SN) (Pune)(Trib.)