Author: ksalegal

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PCIT v. Sawankumar T Jajoo (2025) 473 ITR 201 / 171 Taxmann.com 26 (Cal)(HC)

S. 68 : Cash credits-Long term capital gains-Penny stock-Order of Tribunal allowing the exemption is affirmed.[S. 10(38), 45, 260A]

PCIT v. Mukul Kakar (2024) 166 taxmann.com 199 / (2025) 473 ITR 59 (MP)(HC)

S. 68 : Cash credits-Established source and capacity of the parties-Order of Tribunal is affirmed.[S.260A]

PCIT v.Delta Dealers Pvt. Ltd. (2025) 473 ITR 48 (Cal)(HC)

S. 68 : Cash credits-Share capital and share premium — Creditworthiness and genuineness is established-Subscribers complied with the notices issued u/s 133(6) of the Act. [S.133(6), 260A]

PCIT v. Esspal International (P.) Ltd.(2025) 473 ITR 329 (Raj) (HC)

S. 68 : Cash credits-Share application-Accommodation entries-Identity, creditworthiness and genuineness of transactions are established-Order of Tribunal deleting the addition is affirmed-Statement is retracted-Order of Tribunal is affirmed [S. 132(4), 260A]

Santosh M. Bhandari v. ITO (2025) 473 ITR 646 (Karn)(HC)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-No credible document produced to show why payment had to be made on bank holiday-Order of Tribunal is affirmed. [R.6DD, 260A]

CIT v. International Health Care Education and Research Institute (2025) 473 ITR 753 /171 taxmann.com 578 (Raj)(HC) Editorial : SLP of Revenue is dismissed, CIT v. International Health Care Education and Research Institute (2025) 304 Taxman 265/ 482 ITR287(SC)

S. 12A : Registration-Trust or institution-No activities had been carried on-Rejection of application is not justified-Order Tribunal is affirmed. [S. 11, 12AA, 260A]

Shri Guru Hargobind Sahib Charitable Trust v. CBDT (2025) 473 ITR 580 (P&H)(HC)

S. 10 (23C): Educational institution-Multiple objectives beyond educational purposes-Not founded and existed solely for educational purposes-Denial of exemption is affirmed. [S. 10(23C)(vi), Art. 226]

CIT v. (IT) v. Fox Network Group Singapore Pte. Ltd. (2024) 158 Taxmann.com 434 (2025) 473 ITR 528 (Delhi)(HC) CIT v. (IT) v. ESS (2024) 158 Taxmann.com 434 (2025) 473 ITR 528 (Delhi)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-licensed sports broadcasting rights in relation to live feeds to Indian company-live feed cannot constitute a scientific work-Fees received cannot be considered as royalty-DTAA-India-Singapore. [Art. 12]

DCIT v. M. Mahadevan ( Chennai )( Trib) www.itatonline.org.

S. 56: Income from other sources – Long term capital loss -Share transfer agreement – Shares sold at an undervalued price – Related party transaction – AO claimed that the transaction was structured to avoid tax – Shares valued at upwards of Rs 19000 , per share were sold for Rs 100 per share – Valuation was not in accordance with Rule 11UA – Matter remanded back to AO for recalculating capital gains. [ S. 45 ,56(2)(vii)(b), 56(2)(x), R.11UA(1)(c)(v) ]

ACIT v. JM Financial Properties and Holdings Ltd ( Mum)( Trib) www.itatonline .org.

S.36(1)(iii): Interest on borrowed capital –Interest on ICDs used for giving interest-free security deposit for getting the premises on leave and license – Business purpose – Interest is allowed as deduction. [ S. 37(1)]