Author: ksalegal

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Pooja Trading Co. v. Dy. DIT (Inv.) (2024) 299 Taxman 534/338 CTR 842 (Delhi)(HC)

S. 132 : Search and seizure-Freezing bank accounts-As per section 132(8-A), order of freezing bank accounts could not remain in force for a period exceeding sixty days from date of order.[S. 132(3), 132(8A), Art. 226]

B. Ramamoorthy v. DGI(Vigilance) (2024) 299 Taxman 468 (Mad.)(HC)

S. 120 : Jurisdiction-Search and seizure-Third party-Not connected with the assessee-No cause of action-Writ petition is dismissed. [Art. 226]

Anmol Feeds (P.) Ltd. v. UOI (2024) 299 Taxman 269/ / 2025) 476 ITR 47 (Cal.)(HC)

S. 119 : Central Board of Direct Taxes-Instructions-Return-Condonation of delay-Illness of accountant-Reasonable cause-Genuine hardship-Delay is condoned-Order of CBDT is set aside-Directed to file the return within 15 days. [S.119(2)(b), 139 (1), 139(4), Art. 226]

Tata Autocomp Gotion Green Energy Solutions (P.) Ltd. v. CBDT (2024) 299 Taxman 282 /464 ITR 61 / 340 CTR 942(Bom.)(HC)

S.119 : Central Board of Direct Taxes-Instructions-Circular-Tax on income of new manufacturing domestic companies-Application for condonation of delay-Relied on report which is not made available to the petitioner-Order is not passed or signed by the Member who has given personal hearing-Principles of natural justice would require that revenue should have made available a copy of report received by them from Field Authorities to assessee and given them an opportunity to explain or show cause-Matter remanded to Central Board of Direct Taxes with directions. [S. 115BAB, 119 (2)(b), Form No 10-ID, Art. 226]

PCIT v. Moon Star Securities Trading & Finance Co. (P.) Ltd. (2024) 299 Taxman 53 (Delhi)(HC)

S. 115JB : Book profit-Disallowance made under section 14A could not be considered for computing MAT.[S. 14A, R.8D]

PCIT v. Sarens Heavy Lift India (P.) Ltd. (2024)299 Taxman 293 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-
International transaction-Written Down Value of assets as may be reflected in books would not be liable to be taken into consideration while answering issue of ALP-No substantial question of law. [S. 260A, R.10B]

PCIT v. Yakult Danone India (P.) Ltd. (2024) 299 Taxman 452 (SC) Editorial: PCIT v. Yakult Danone India (P.) Ltd(2023) 154 taxmann.com 470 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-AMP expenses-High Court held that approach of TPO of determining ALP of such AMP expenditure either on BLT bases or TNMM could not be sustained-SLP is granted to the Revenue. [S.92B, Art. 136]

Rajesh Kumar Drolia (HUF) v. CIT (Central) (2024) 299 Taxman 296 /(2025)343 CTR 619 (Cal.)(HC)

S. 80IB : Industrial undertakings-Services to buyers by way of repair and maintenance of moulds sold to them and charged job work charges for such services-No direct nexus with business activity of manufacture and sale of moulds-Not entitle to deduction.[S. 260A]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Sale of various items of scrap-Eligible deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 80HH, 268A, Art. 136]

CIT v. Nirma Ltd. (2024) 299 Taxman 180 (SC) Editorial : CIT v. Nirma Ltd (2015) 229 Taxman 535 (Guj)(HC)

S. 80HHC : Export business-Interest from business debtors-Allowable as deduction-Tax effect is below threshold limits-SLP of Revenue is dismissed. [S. 268A, Art. 136]