Author: ksalegal

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Bharat Education Society v. Assessing Officer (2025) 303 Taxman 630 (Bom)(HC)

S. 119 : Central Board of Direct Taxes-Delay of 1585 days in filing revised return-Order signed by Addl. Commissioner with approval of Member (IT)-Matter remanded to CBDT [S. 119(2)(b), 139(5), Art. 226]

ITO v. DXN Herbal Manufacturing (India) (P.) Ltd. (2025) 303 Taxman 407 (SC) Editorial : DXN Herbal Manufacturing (India) (P.) Ltd v. ITO (2018) 257 Taxman 492 (Mad)(HC)

S. 80IB : Industrial undertakings-Manufacture-Filling of ushroom powder in gelatin capsules after following specified process amounts to manufacture or production of commercially distinct commodity-Eligible for deduction-SLP dismissed due to low tax effect [S. 268A, Art. 136]

Patnala Srinivas v. ITO (2025) 303 Taxman 374 (Telangana)(HC)

S. 69A : Unexplained money-Agricultural income-Failed to establish that land was under cultivation-Order of Tribunal denial of exemption was upheld. [S.10(1), 260A]

Pr. CIT v. Zexus Air Services (P.) Ltd. (2025) 303 Taxman 410 (Delhi)(HC)

S. 68 : Cash credits-Issue of shares against goodwill-No cash receipt-Provisions of section 68 were not attracted.[S. 260A]

Pr. CIT v. Nucleus Steel (P.) Ltd. (2025) 303 Taxman 58 (Delhi)(HC)

S. 68 : Cash credits-Advance against sale of land-Creditworthiness not in doubt-Flaw in the document cannot justify the addition-Order of Tribunal deleting the addition is affirmed.[S.260A]

Bihar Police Building Construction Corpn. (P.) Ltd. v. Pr. Chief CIT (2025) 303 Taxman 335 (SC)Editorial : Bihar Police Building Construction Corpn. (P.) Ltd. v. Pr. Chief CIT(2023) 157 taxmann.com 495 (Patna)(HC)

S. 56 : Income from other sources-Interest on Government grants-Assessable as income from other sources-Delay of 364 days-SLP of assessee is dismissed on ground of delay [Art. 136]

Shantha Vidyasagar Annam (Smt.) v. ITO (2025) 303 Taxman 348 (Telangana)(HC)

S. 45 : Capital gains-Development agreement with a builder for constructing residential flats on a sharing basis-Transfer-[S. 2(47)(v), Transfer of Property Act, 1882, S.53A]

Frontier Information Tech Ltd. v. Dy. CIT (2025) 303 Taxman 378 /343 CTR 143/ 245 DTR 457 (Telnagana)(HC)

S.43B: Deductions on actual payment-Converted interest due to equity shares-Tantamount payment-Entitled to deduction.

Tamil Nadu Small Industries Corporation Ltd. v. ACIT (2025) 303 Taxman 129 (Mad.)(HC)

S.43B: Deductions on actual payment-Provision for leave salary-Not allowable as deduction.[S.43(f)]

H.P. State Civil Supplies Corporation Ltd. v. ACIT (2025) 303 Taxman 306 (HP)(HC)

S.43B: Deductions on actual payment-Leave encashment-Liability to pay leave encashment was neither accrued nor paid during relevant accounting year but in year 2004 to 2016-Not allowable as dedcution. [S. 43B(f), 139(1), 260A]