Author: ksalegal

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PCIT v. Adinath Investment and Training Co. (2025) 476 ITR 35 (P & H) (HC)

S. 72 : Carry forward and set off of business losses-Investment business-Capital loss-Notional loss-Fall in value of equity shares-Sale of non-convertible debentures-Order of Tribunal allowing loss as carry forward loss not erroneous. [S 10(2A), 260A]

PCIT v. Shree Ganesh Developers (2025) 476 ITR 568 /172 taxmann.com 542 (HC)

S. 69C : Unexplained expenditure-Real estate business-Order of Tribunal was affirmed-Order of Tribunal was reversed in so far as the purchases from the two parties were concerned-However, the total additions should not exceed the total purchases from them.[S. 68, 133(6), 260A]

CIT v. Jaya Publications (2025) 476 ITR 545 /174 taxmann.com 104 (Mad)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Purchase of newsprint-Ad hoc disallowance of 15 per cent. reduced to 5 per cent. by Tribunal-Assessee accepting 5 per cent. Order of Tribunal affirmed. [S.37(1), 56, 131, 153(3), 246A, 260A]

PCIT v. Atul Kailashchand Mehta.(2025) 476 ITR 460 (Guj)(HC)

S. 69C : Unexplained expenditure-Bogus purchases-Information from Investigation Wing-Restriction of disallowance by Tribunal to 6 per cent. justified.[143(3), 147, Art. 226]

PCIT v. Amit Tarachand Jain (2025) 476 ITR 74 (Guj) (HC)

S. 69C : Unexplained expenditure-Bogus purchases-Only income component of disputed purchases taxable-Restriction of disallowance by Tribunal to six per cent. justified. [S. 132, 143(3) 147, 260A]

PCIT v. Garg Acrylics Ltd (2025) 476 ITR 737 /305 Taxman 285 (Delhi)(HC)

S. 68 : Cash credits-Share application-Identity, genuineness and creditworthiness of investors proved-Order of Tribunal is affirmed-Business expenditure-Income taxed twice-Order of Tribunal affirmed. [S.37(1), 133(6), 133A, 145(3), 260A]

Arasappan Madhivanan v. ITO (2025) 476 ITR 169 / 173 taxmann.com 876 (Mad)(HC)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Cultivator and grower-Company engaged in pasteurisation not producer of milk-Disallowance was up held-Interpretation of taxing statutes-Principle of noscitur a sociis. [S. 260A, R.6DD(e)(ii)]

Natesan Krishnamurthy v. ITO (2025) 476 ITR 12 /304 Taxman 592 (SC) Editorial : Natesan Krishnamurthy v. ITO (2019) 262 Taxman 127/ 178 DTR 177 / (Mad)(HC)/ (2019) 13 ITR-OL 80 /2019 SCC OnLine Mad 2366)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of jewellery-Failure to show circumstances that required assessee to effect payments in cash-SLP of assessee dismissed. [R. 6DD, Art. 136]

Vodafone Mobile Services Ltd. v. Dy. CTT (2025) 476 ITR 80 (Delhi)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Commission-Discount-Not liable to deduct tax at source-Disallowance was deleted. [S. 260A]

Vodafone Mobile Services Ltd. v. Dy. CTT (2025) 476 ITR 80 (Delhi)(HC)

S. 36(1)(iii) :Interest on borrowed capital-Installation of cell site towers Provision did not contemplate distinction between capital borrowed for revenue or capital purpose-Expansion of business-Matter remanded to Assessing Officer to examine aspects pertaining to common pool of funds as framed by Tribunal and cell sites actually brought into use. [S. 37(1), 260A]