Author: ksalegal

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Shah Rukh Khan. v. DCIT (2025) 211 ITD 666 (Mum) (Trib.)

S.147: Reassessment-After the expiry of four years-Double Taxation Relief-Part relief allowed-No new or tangible material-Reassessment order is quashed-DTAA-India-UK [S.90, 148, Art. 24]

Diebold Nixdorf India (P.) Ltd. v. CIT (2025) 211 ITD 377 (Mum) (Trib.)

S. 145 : Method of accounting-Capital or Revenue-b Loss and gain on account of revaluation of outstanding dues payable to its overseas sister concern due to fluctuation in valuation of foreign exchange-Rule of consistency is followed.

Rahul Bajpai v. DCIT (2025) 211 ITD 580 (Raipur) (Trib.)

S. 143(3): Assessment-limited scrutiny for examination of specific issue-Assessing Officer could not have ventured into a different issue without getting said limited scrutiny converted into complete scrutiny as per CBDT Circular No.20/2015 dated 29.12.2015. [S. 56 (2)(viib)]

Kushal Narayan Patel. v. ITO (2025) 211 ITD 36 (Mum) (Trib.)

S. 132B : Application of seized or requisitioned assets-Cash seized–Explanation 2 inserted below section 132B by Finance Act, 2013-Existing liability’ does not include ‘advanced tax’ payable-Cash seized during search could not be adjusted against advance tax liability-Cash seized-Offered as undisclosed income-Matter is remanded back to Assessing Officer for determining issue of adjustment of self-assessment tax liability.[S. 132, 140A].

ACIT v. Magical Enterprises L.L.P. (2025) 211 ITD 46 (Delhi) (Trib.)

S. 112 : Tax on long term capital gains-Determination of tax in certain cases-Income from other sources-Exemption not claimed-Purchase transaction in earlier year-Cannot be disturbed in subsequent year-Special rate of tax cannot be denied.[S. 10(38), 45, 56]

Sankaranarayanan Ramasubramanian v. ACIT (2025) 211 ITD 155 (Chennai) (Trib.)

S. 90: Double taxation relief-Education cess-Tax rates as prescribed under DTAA would include education cess as well-Adjustment made is directed to be deleted-DTAA-India-USA. [S. 143(1), 154, Art. 2(1)b)(i)&(ii), 10, 11]

Sunil Vishnu Gaikwad. v. ITO (2025) 211 ITD 30 (Mum) (Trib.)

S. 89 : Relief for income-tax-Arrears or advance of salary-One time lumpsum ex-gratia amount in lieu of payments till completion of 63 years of age-Advance salary-Entitled to relief under section 89(1)[S. 17(3(i), 89(1), R. 21A]

Sai Ankur Co-operative Housing Society Ltd. v. ITO (2025) 211 ITD 265 (Mum) (Trib.)

S. 80P : Co-operative societies-Interest income from its investments held with a co-operative bank-Entitle to deduction. [S.80P(2)(d)]

DCIT v. Gulermak TPL Joint Venture. (2025) 211 ITD 349 (Mum) (Trib.)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Contractor for execution of metro rail project-Not entitle to claim exemption. [S.80IA(4)]

Tiger Research and Conservation Trust. v. ITO (2025) 211 ITD 441 (Nagpur) (Trib.)

S. 80G : Donation-Cancellation of approval-Details of FCRA funds utilization for assessment years 2021-22 to 2023-24 to meet out its objects-Cancellation of registration is set aside. [S.80G(5)]