Author: ksalegal

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PCIT v. Burberry India (P.) Ltd. (2025) 302 Taxman 257 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Trading of imported luxury goods-Resale price method (RPM) is most appropriate method. [S. 260A]

Pawan Kumar Jaggi v. ACIT (2025) 302 Taxman 274 (Delhi)(HC)

S. 69A : Unexplained money-Search- Foreign Bank Account -Deposit in bank account-Debit card in joint name-Matter remanded to produce bank account. [S.260A]

Shah Tobacco Trading Co. v. Add. ACIT (2025) 302 Taxman 219 (Guj)(HC)

S. 68 : Cash credits-Unsecured loan-Furnished documents to prove identity, genuineness and credit worthiness of parties-Matter remanded back to the Assessing Officer for fresh consideration. [S. 143(3), Art. 226]

Sandeep Hooda v. PCIT (2025) 302 Taxman 208 (Delhi)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Construction of house-Putting together a structure of plywood sheets could not be construed as constructing a residential house-Not entitle to exemption. [S.45, 260A]

Hajra Iqbal Memon (Mrs.) v. ITAT (2025) 302 Taxman 524 (Bom.)(HC)

S. 45 : Capital gains-Long term capital gains-Tenancy right is converted into owneership-Date of transfer-Consent term-Confirming party-Deed of confirmation or deed of consent term or registration-Matter remanded to the Tribunal for re adjudication. [S. 2(27), 50C, 254(1), 260A]

Knowell Realtors (India) (P.) Ltd. v. ACIT (2025) 302 Taxman 433 / 482 ITR 423 (Ker.)(HC)

S. 45 : Capital gains-Business income-Sale of properties-Assessable as capital gains and not as business income-Rule of constancy followed. [S. 22, 28(i), 260A]

Housing and Urban Development Corporation Ltd. v. Addl. CIT (2025) 302 Taxman 419 (SC) Editorial : Housing and Urban Development Corporation Ltd. v. Addl. CIT (2017) 83 taxmann.com 292 (Delhi) (HC), Housing and Urban Development Corporation Ltd. v. Addl. CIT(RP. Nos 130 to 134 of 2018 dt 23-3-2018(Delhi)(HC)

S. 43D : Public financial institutions-Section 43D read with Rule 6EB is a complete code-Directions issued by National Housing Bank (NHB) do not override section 43D in matter of computation of taxable income. [S.43D, R.6EB, Art.136]

Grand Motors v. ITO (2025) 302 Taxman 440 (Chhattisgarh)(HC)

S. 43B : Certain deductions only on actual payment-VAT, Entry Tax, CST-Not claimed as deduction-No disallowance can be made. [S. 139(1)]

Shriram City Union Finance Ltd. v. ACIT (2025) 302 Taxman 288 (Mad.)(HC)

S. 37(1) : Business expenditure-Creation of a reserve fund and transfer certain amount to such reserve as per section 45-IC of Reserve Bank of India Act, 1934-Not allowable as deduction. [S.115JB, Reserve Bank of India Act, 1934 S. 45-IC.]

HDFC Bank Ltd. v. Dy. CIT (2025) 302 Taxman 460 (Bom.)(HC)

S. 37(1) : Business expenditure-Securities held as stock in trade-Interest paid for broken period allowable as deduction-Rights issue of Fully Convertible Debentures (FCDs)-Expenditure on account of printing expenses, advertisement, professional fees, stamp duty and filing fees, bank charges, packages, etc-Allowable as deduction.