Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Future Gaming and Hotel Services (P.) Ltd. v. PCIT (2025) 305 Taxman 490 (SC) Editorial :Jose Charles Martin v.PCIT (2025) 174 taxmann.com 1196 (Mad)(HC) (para 3), stayed.

S. 127 : Power to transfer cases-Search-On SLP the Court held since transfer had already taken place, if authority concerned wanted to pass an order, it might proceed to do but it would not give a final effect to order till matter was heard on merits. [Art. 136]

J.C. International v. Dy. CIT (2025) 305 Taxman 425 (HP)(HC)

S. 80IC : Special category states-Substantial expansion-Entitle exemption of 100 per cent beyond period of five years on ground that it now carried out substantial expansion in terms of section 80-IC(8)(ix) within aforesaid period of ten years in its manufacturing unit. [S.80IC(2), 80IC(3), 80IC(8)(ix), 260A]

Shri Om Sai Infrapromoters (P.) Ltd. v. Dy. CIT (2025) 305 Taxman 551 (Delhi)(HC)

S. 69A : Unexplained money-Search-Real estate projects-Books of account-Seized diaries contained recordings of receipts, which pertained to booking of flats-Not dumb documents-Order of Tribunal confirming the addition was affirmed.[S. 2(12A), 132, 260A]

PCIT (Central) v. R B Farms and Estates (P.) Ltd. (2025) 305 Taxman 576 (Delhi)(HC)

S. 68 : Cash credits-Unsecured loans-Amount disclosed cannot be considered as undisclosed-Order of Tribunal deleting the addition was affirmed. [S. 132, 260A]

PCIT v. Third Generation Traders (P.) Ltd. (2025) 305 Taxman 299 (Delhi)(HC)

S. 68 : Cash credits-Shell company-Accommodation entries-Commission income was offered-Order of Tribunal deleting the addition as unexplained credits was affirmed by the High Court. [S. 153C, 260A]

PCIT v. Damodar Jajoo (2025) 482 ITR 154/173 taxmann.com 949 (Guj)(HC) Editorial : SLP of revenue dismissed, PCIT v. Damodar Jajoo (2025) 305 Taxman 10 / 482 ITR 166 (SC)

S. 68 : Cash credits-Long term capital gains-Sale of shares-Information from Investigationn Wing-Sold shares after holding same for more than seven years-Proximity of time between buy and sale of shares could not be considered as an accommodation entry-High Court affirmed the order of Tribunal. [S. 10(38), 45, 68, 69,260A]

PCIT v. Damodar Jajoo (2025) 305 Taxman 10 / 482 ITR 166 (SC) Editotial : PCIT v. Damodar Jajoo (2025) 173 taxmann.com 949 /482 ITR 154 (Guj)(HC)

S. 68 : Cash credits-Long term capital gains-Sale of shares-Information from Investigationn Wing-Sold shares after holding same for more than seven years-Proximity of time between buy and sale of shares could not be considered as an accommodation entry-High Court affirmed the order of Tribunal-SLP of revenue dismissed. [S. 10(38), 45, 68, 69, Art. 136]

PCIT v. Neelu Mahansaria (2025) 305 Taxman 493 (SC) Editorial : PCIT v. Neelu Mahansaria(2025) 175 taxmann.com 235 (Guj)(HC)

S. 68 : Cash credits-Capital gains-Exemption-Sale of shares-Report by Investigation Wing-SEBI’s detailed inquiry found no statutory violations-Order of Tribunal deleting the addition and allowing the exemption was affirmed by High Court-SLP delay of 282 days-Delay had not been satisfactorily explained by revenue-SLP dismissed on ground of delay.[S. 10(38), 45, 68, 69 Art, 136]

T.R.Balasubramanium v. ACIT (2025) 305 Taxman 119 (Mad)(HC)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Immovable property upon liquidation of company in proportion to its shareholding-[S. 45,46(2), 49(iii)(c), 55(2)(b)]

PKS Holdings v. PCIT (2025) 305 Taxman 253 (SC) Editorial : PCIT v. PKS Holdings (2022) 145 taxmann.com 195 (Cal)(HC)

S. 43(5) : Speculative transaction-loss on purchase and sale of shares and securities as business loss-Controversy between assessee and revenue no longer survived in view of settlement of dues under Direct Tax Vivad Se Vishwas Scheme, 2024, SLP filed by assessee against impugned order of High Court had been rendered infructuous [Art. 136]