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-Turnover-Comparable-Companies having turnover of more than 200 crores upto 500 crores have to be regarded as one category and said companies cannot be regarded as comparables with companies having turnover of less than 200 crores.

Galax E Solutions India (P.) Ltd. v. ACIT (2022) 192 ITD 326 (Bang.)(Trib.)

S. 92BA : Transfer pricing-Specified domestic transactions-Interpretation-Omission of provision-Clause (i) of section 92BA being omitted by Finance Act, 2017 w.e.f. 1-4-2017 from statute, could not be made applicable in pending proceeding of assessee, and therefore, impugned order passed by TPO invoking such section 92BA(i) was without any basis and bad in law, thus, was liable to be quashed. [S. 40A(2)]

Ammann India (P.) Ltd. v. ACIT (2022) 192 ITD 680 / 93 ITR 49 (Ahd.)(Trib.)

S. 68 : Cash credits-Cash payment by purchaser-Sale of agricultural land-Correctness of Ikrarnama-Agreement to sell-Matter remanded.

Naresh Sharma. v. AO (2022) 192 ITD 379 (Chd.)(Trib.)

S. 68 : Cash credits-Share capital-Share premium-Promoters had sufficient funds-Directed to file bank statements of subscribers and copy of returns filed.

Indiaon Time Express (P.) Ltd. v. ACIT (2022) 192 ITD 366 (Bang.)(Trib.)

S. 68 : Cash credits-Purchase of agricultural land-Investment transferred from personal books of account-Addition is held to be not justified.

Krishna Mohan Choursiya v. ITO (2022) 192 ITD 214 (Indore) (Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Cost of improvement-Renovation expenses-Enquiry should have conducted with the builder who has constructed the building and not with neighbours-Estimate of Rs. 18 lakhs by CIT(A) is held to be reasonable. [S. 45, 48]

ACIT v. Sambandam Dorairaj (2022) 192 ITD 374 (Chennai) (Trib.)

S. 48 : Capital gains-Computation-Cost of improvement-Levelling, boundary work and fencing-Failure to produce evidence-Disallowance of expenditure is justified. [S. 45]

Jaico Automobile Engineering Company (P.) Ltd. v. DCIT (2022) 192 ITD 147 (Bang.)(Trib.)

S. 48 : Capital gains-Computation-Indexed cost of acquisition-Holding shares of BSE Ltd-For computing capital gain, indexed cost of acquisition of shares of BSE is to be considered from date of original membership of BSE and not from date of allotment of shares inn BSE Ltd. [S. 2(42A), 45]

Shivnarayan Nemani Shares & Stock Brokers (p) Ltd v. DCIT (2022) 192 ITD 50 (Mum.)(Trib.)

S. 48 : Capital gains-Computation-Sale of land-Interest paid was not claimed as deduction-Gifts from relatives-Matter remanded. [S. 24, 45, 69A]

Jerry Mathew Elias Kovoor. v. ITO(IT) (2022) 192 ITD 38 (SMC) (Bang.)(Trib.)

S. 45 : Capital gains-Registered JDA along with registered GPA for development of property-Actual receipt of profits is not relevant-Liable to capital gains tax on transfer of capital asset. [S. 2(47 (v), Transfer of Property Act, 1882, S. 53A]

Jaico Automobile Engineering Company (P.) Ltd. v. DCIT (2022) 192 ITD 147 (Bang.)(Trib.)