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. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Short-term capital loss on sale of shares-FIFO method-The issue was examined by the AO during the assessment proceedings, who had taken a correct view –CRS expenditure-Revision order was quashed-Exempt income-Revision order was affirmed.[S. 14A, 80G]
Torrent Investments Ltd. v. PCIT (2025) 237 TTJ 802 (Ahd) Trib)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Assessment order passed by the AO without examining the claim by conducting relevant enquiries which ought to have been carried out-Revision order was affirmed. [S.54]
Anand Boddapaty v. PCIT (2025) 237 TTJ 228 / 178 taxmann.com 423 (Hyd)(Trib)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Notices sent to the wrong e-mail address-Failure to intimate change of email-Ex parte order was set aside-Cost of Rs 2500 was imposed on each appeal. [S. 254(1)]
Sangeeta Gupta (Smt.) v. ACIT (2025) 237 TTJ 236 (Jaipur)(Trib)
S. 194J: Deduction at source-Fees for professional or technical services-Clearing charges or professional charges paid to CCIL-The AO is directed to delete the addition.[S.201(1), Form No.26A]
Tamilnad Mercantile Bank Ltd. v. ACIT (2025) 237 TTJ 763 / 176 taxmann.com 863 (Chennai)(Trib)
S. 194A: Deduction at source-Interest other than interest on securities-Payment of interest by co-operative bank to other cooperative societies-the exemption for deducting tax at source from the payment of interest is only up to Rs. 10,000-The assessee was liable to deduct TDS from payment of interest above this threshold. [S.194A(3)(v), 201(1)]
Citizen Credit Co-Operative Bank Ltd. v. ITO (2025) 237 TTJ 681 / [2026] 182 taxmann.com 693 (Mum) (Trib)
S. 153D: Assessment-Search-Approval-The approval should not be rubber-stamping and a mere factual formality-Assessment was quashed. [S. 132, 153A, 153B]
Navratan Management (P) Ltd. v. DCIT (2025) 237 TTJ 1059 (Mum) (Trib)
S. 153D: Assessment-Search-Approval-Manual of Office Procedure issued by the CBDT in February 2023 was not followed-Separate approval for each assessment year was not obtained-Approval granted is mechanical in manner and without application of mind by the approving authority-Order was quashed.[S. 119, 153C]
Dheeraj Chaudhary v. ACIT (2025) 237 TTJ 633/ 127 ITR 482/ 178 taxmann.com 360 (TM) (Delhi)(Trib)
S. 153C: Assessment-Income of any other person-Search-Recording of satisfaction-The AO has recorded the satisfaction not as per the statutory convention-The entire assessment is vitiated and bad in law-Addition made on presumption was deleted. [S. 132]
Pushpanjali Construction (P) Ltd. v. DCIT (2025) 237 TTJ 993 (Delhi)(Trib)
S. 153C : Assessment-Income of any other person-Search-Seized documents-Subsequent exchange agreement-Addition was deleted. [S. 68, 69]
ACIT v. Suresh Productions (2025) 237 TTJ 486 (Hyd)(Trib)
S. 153C: Assessment-Income of any other person-Search-Satisfaction note-Required to be recorded for each assessment year-Consolidated satisfaction note recorded for different assessment years-Bad in law-Approval-Mechanical manner-Order quashed. [S. 153D]
Chitra Narendra Parmar & ORS. v. ACIT(2025) 237 TTJ 63 (Pune)(Trib)