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. 144C : Reference to dispute resolution panel – Document Identification Number [‘DIN’] – Circulars issued by CBDT in exercise of its powers under Section 119 of the Act are binding on the revenue – DIN has to be generated for DRP proceedings -Order of Tribunal quashing the order is affirmed by High Court – No substantial question of law . [ S. 119, 143(3), 144(5), 260A ]

CIT v. Laserwords US Inc. [2025] 175 taxmann.com 920 (Mad)( HC)

S. 115J : Company – Book profit – The AO has no jurisdiction to question the correctness of the profit and loss account prepared and certified by the Chartered Accountant .[ Companies Act , 1956 ]

Mahindra & Mahindra Ltd. v. CIT City – II, Mumbai, [2025] 174 taxmann.com 154 (Bom)( HC)

S. 37(1)) : Business expenditure – Commercial expediency- Business loss – write-off of the deposits and interest – Amount lent to subsidiary- Allowable as business expenditure .[ S. 28(i) ]

Mahindra & Mahindra Ltd. v. CIT [2025] 174 taxmann.com 154 (Bom)( HC)

S. 11 : Property held for charitable purposes – Charitable purpose Objects of general public utility- Construction of flats for its members – Transfer fees from new members – Interest on investment- No commercial activity – No violation of section 13(2) – Question of fact – No substantial question of law . [S. 2(15), 12A, 13(2), 260A]

CIT (E) Mumbai v. Kutchi Sarvodaya Nagar [2025] 175 taxmann.com 647 (Bom)( HC)

S. 10B: Export oriented undertakings – Interest income on fixed deposits -Derived from business – Appellate Tribunal – Duty to pass speaking order – Matter remanded back for fresh adjudication .[ S. 254(1), 260A ]

PCIT v. Watson Pharma Pvt. Ltd [2025] 173 taxmann.com 886 (Bom) (HC)

S. 271E : Penalty for failure to comply with provisions of section 269T – Adjustments through journal entries for genuine business purposes – Penalty is deleted . [ S. 269SS, 269T, 273B ]

Nilons Enterprises (P) Ltd. v. ITO [2024] 161 taxmann.com 566 ( Pune )( Trib)

S. 271B : Penalty- Failure to get accounts audited – Applicability of provision of section 271A – Non-maintenance of books of account- Penalty is deleted .[ S.44AA, 44AB , 271A ]

Arvind Aggarwal v. ITO ( Delhi)( Trib) ( UR )

S. 69: Unexplained investment – Source investment – Loan from mother and brother – Addition is deleted .

Ankur Goyal v. ITO (2025) 211 ITD 571 ( Delhi)( Trib) ( UR )

S. 56: Income from other sources – Share premium received by a private company – DCF Method is a valid method under rule 11UA – No defects pointed out in valuation report- Addition is deleted . [S . 56(2)(viib) , R.11UA ]

Patel Minerals Pvt Ltd v. ACIT [2025] 172 taxmann.com 287 ( Jodhpur )( Trib)

S.45 : Capital gains- Beneficial owner – Co-owner – Entire sale consideration declared in return of income filed by assessee’s brother – Addition can not be made in the hands of assessee.[ S. 54F ]

Vinod Nihalchand Jain v. ITO [2025] 172 taxmann.com 581 ( Mum)( Trib)