Author: ksalegal

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Dy. CIT v. Castrol India Ltd. (2025) 304 Taxman 658 (SC) Editorial : Castrol India Ltd v. Dy.CIT (2024) 299 Taxman 71 (Bom)(HC)

S. 147 : Reassessment -With in four years-Donation-CSR expenditure-Change of opinion-Reassessment notice and order disposing the objection is quashed-SLP of revenue dismissed for failure to explain gross delay of 268 days. [S. 37(1), 80G, 147, 148, Art. 136]

PCIT v. Rawmin Mining and Industries (P.) Ltd. (2025) 304 Taxman 272 (SC)

S.147: Reassessment- Unexplained investments-Low tax effect-Report of enquiry Commission -Miscellaneous application- Three weeks time to get further instructions was to be granted to both assessee and revenue as jointly prayed for.[S. 268A, Art. 136]

ITO v. Hemanshu Ramniklal Shah (2025) 304 Taxman 610 / 482 ITR 147 (SC) Editorial : Hemanshu Ramniklal Shah v.ITO (2025) 171 taxmann.com 19/482 ITR 138 (Guj)(HC)

S. 147 : Reassessment-Cash credits-Change of opinion- Delay of 185 days in filing SLP-SLP of revenue dismissed on account of delay and also on merits. [S. 68, 148, Art. 136]

ACIT v. Emkay Global Financial Services Ltd. (2025) 304 Taxman 185 / 482 ITR 286 (SC) Editorial : Emkay Global Financial Services Ltd v.ACIT (2024) 465 ITR 763 / 160 taxmann.com 275 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Business loss-Stock broking-Change of opinion- Order of High Court quashing the reassessment order was affirmed-SLP of revenue dismissed. [S. 28(i), 148, Art. 136]

Anil Dhirajlal Ambani v. Dy. DIT (2025) 304 Taxman 518 (Bom.)(HC)

S. 143 (3): Assessment-Show cause notice-Writ petition was dismissed with cost of Rs.25000, which is payable to Tata Memorial Hospital. [Art. 226]

Philips India Ltd. v. Dy. CIT (2025) 304 Taxman 520 (Cal.)(HC)

S. 143(3) : Assessment-Assessment order was passed manually without mentioning Document Identification Number (DIN)-Alternative remedy -Writ petition was not maintainable. [Art. 226]

Borivli Education Society v. CIT (E) (2025) 304 Taxman 34 (Bom.)(HC)

S. 119 : Central Board of Direct Taxes-Circular- Property held for charitable purposes-Form No 10B field manually within prescribed time-Delay in electronically uploading the form-Affidavit of Chartered Accountant-Delay is condoned-Directed to grant exemption. [S. 11, 139(9), Form No.10B, Art. 226]

PCIT v. Terex India (P.) Ltd. (2025) 304 Taxman 282 (Bom)(HC)

S. 92C : Transfer pricing-Arms’ length price-Avoidance of tax -International transaction-TNMM- While determining ALP of international transactions, benchmarking should be done only on associated enterprise or related party transactions and not with respect to entire turnover.[S. 260A]

PCIT v. D. Light Energy (P.) Ltd. (2025) 304 Taxman 426 (Delhi)(HC)

S. 92C : Transfer pricing-Arms’ length price-Avoidance of tax -International transaction- Business of distribution of solar products- There was no value addition done by assessee on products purchased and subsequently sold by it. On facts, assumption of TPO was erroneous and RPM was most appropriate method-Order of Tribunal affirmed. [S.92CA, 260A]

PCIT v. Fujitsu India (P.) Ltd. (2025) 304 Taxman 657 (SC) Editorial : PCIT v. Fujitsu India (P.) Ltd(2024) 296 Taxman 197 (Delhi)(HC)

S. 92C : Transfer pricing-Arms’ length price– Avoidance of tax -International transaction-Gross delay of 434 days in filing SLP had not been satisfactorily explained by revenue- SLP of revenue dismissed.[Art. 136]