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. 147 : Reassessment-Information from investigation Wing-Client code modification-Recording of incorrect and wrong facts-Mechanical approval-Reassessment was not valid. [S. 148, 151]
R.S. Shares and Securities Ltd. v. ITO (2021) 86 ITR 269 (SMC) (Delhi)(Trib.)
S. 147 : Reassessment-Mentioning of wrong section 147(b)-Not curable defects-Reassessment was quashed as bad in law [S. 148, 292B]
Madhu Apartment Private Limited v. ITO (2021)86 ITR 317 (Delhi) (Trib.)
S. 147 : Reassessment-Search and seizure-Failure by revenue to establish that the seized documents belong to assessee-Opportunity cross examination not provided-Reassessment was held to be not valid. [S. 132]
Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)
S. 92C : Transfer pricing-Arm’s length price-Net Margin Method or Cost-Plus Method-Directed to adopt cost plus method. [S.92CA]
A.O. Smith India Water Products Pvt. Ltd. v. Dy.CIT (2021) 86 ITR 38 (SN.) (Bang.)(Trib.)
S. 80P : Co-operative societies-Providing banking facilities to members-Interest earned from short-term deposit-Deduction allowable. [S. 80P(2)(a)]
Thota Uthpannagala Marata Sahakara Sangha Niyamitha v. Dy. CIT (2021) 86 ITR 134 (Bang.)(Trib.)
S. 69C : Unexplained expenditure-Accommodation entries-Report from investigation wing-Purchase and sales details were furnished-Addition was held to be not justified.
ACIT v. Vikas J.Solanki (2021) 86 ITR 517 (Mum.)(Trib.)
S. 69C : Unexplained expenditure-Interest paid on post dated cheques-No evidence that there was transfer of money-Addition cannot be made.
Green Valley Tower Pvt. Ltd. v. ACIT (2021) 86 ITR 1 (Delhi)(Trib.)
S. 69A : Unexplained money-Cash found during search-Sale of scrap-Cash was reflected in the balance sheet-Addition cannot be made. [S. 153A]
ACIT v. Claridges Hotels Pvt. Ltd. (2021) 86 ITR 402 (Delhi)(Trib.)
S. 69A : Unexplained money-Capital gains-Penny stock-Accommodation entry-Purchase and sale of sales through SEBI Registered Broker-Merely on basis of Investigation report that shares were penny stock-Addition not sustainable. [S. 10(38), 45]
Jawaad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.) Fawad Alam v. ITO (2021) 86 ITR 66 (Luck.)(Trib.)
S. 69 : Unexplained investments-Search and seizure-Finance broker-Interest income-No cash loan-Deletion of addition is justified. [S. 132]
ACIT v. Dilip Kumar Mahendra Kumar Jain (2021) 86 ITR 390 (Indore) (Trib.)