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. 81C : Undertakings-Special category states-Initial assessment-Commencement Of Business On 28-12-2006-Loss can only be set off against profits of eligible unit in Assessment Year 2008-09. [S. 80IA(5), 80IC(7)]
Samrat Plywood Ltd. v. ACIT (2021) 87 ITR 102 / 203 DTR 421 (Chd.)(Trib.)
S. 80IA : Industrial undertakings-Eligible profits-Business of power generation-Handling charges, interest received from employees and miscellaneous Income-Surcharge received from Electricity Boards for delayed payment of receivables in respect of supply of electricity-Interest received from third party for delay in payment-Not Income Generated From Business Operations-Not eligible for deduction-Expansion of unit-Eligible deduction.
NLC India Ltd. v. Dy.CIT (2021) 87 ITR 121 (Chennai)(Trib.)
S. 68 : Cash credits-Gold smith-Depositing cash in the Bank-Cash withdrawal-Marriage gifts-one third of deposit was accepted as withdrawal-Remanded for verification.
Venkatesh Soutoor v. ITO (2021) 87 ITR 36 (SN) (Hyd.)(Trib.)
S. 68 : Cash credits-Shares allotted-Investment by managing director-Discharged the burden-Addition held to be not valid.
TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)
S. 68 : Cash credits-Investment in earlier years-Selling during the year-Addition cannot be made. [S. 132]
USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)
S. 68 : Cash credits-Unsecured loan-Confirmation and bank statement was filed-Interest was paid after deduction of tax at source-Addition was held to be not valid. [S. 12AA]
Society For Institute For Professional Studies v. JCIT (2021) 87 ITR 269 (Delhi)(Trib.)
S. 45 : Capital gains-Full value of consideration-Addition cannot be made on the basis of receipts shown in form No 26AS-Transfer-Matter remanded to verify whether there was transfer of land in Terms of Section 53 A of transfer of property. [S. 2(27)(v), Transfer of property Act, 1882, S. 53A]
Jaya Prakash v. ITO (2021) 87 ITR 64 (SN) (Bang.)(Trib.)
S. 44AD : Presumptive taxation-Contract receipts-Contract and sub-contract-Income to be estimated at 8 percent on contract receipt and 5 percent on sub-contract receipts only-Scrap sales to be treated as business receipts taxable at 8 percent.
TCI Constructions Ltd. v. Dy. CIT (2021) 87 ITR 45 (SN) (Hyd.)(Trib.)
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Not claimed as expenditure-Books of account not rejected-No disallowance can be made-Additional payment for purchase of land-Deduction not claimed-No disallowance can be made. [S. 37(1), 145]
USG Buildwell Pvt. Ltd. v. Add. CIT (2021) 87 ITR 151 (Delhi)(Trib.)
S. 40(a)(ia) : Amounts not deductible-Deduction at source Tax deducted from payments to contractor-Tax was deposited with interest for delay prior to competition of assessment-Disallowance is not justified. [S. 37(1), 201(IA)]
Srabani Constructions Pvt. Ltd. v. ACIT (2021) 87 ITR 7 (SN) (Cuttack) (Trib.)