Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


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]

PCIT v. Amadeus India (P.) Ltd. (2025) 304 Taxman 276 (SC). Editorial : PCIT v. Amadeus India (P.) Ltd(2022) 145 taxmann.com 311 (Delhi)(HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax -International transaction-SLP of revenue dismissed on account of failure to explain 597 days of delay. [Art. 136]

Lyon D.C. v. Pr. CIT (2025) 304 Taxman 280 (SC) Editorial : CIT v. Classic Binding Industries (2018) 257 ITR 324/ 407 ITR 429 (SC), affirmed.

S. 80-IC : Special category states-Substantial expansion-Initial assessment year-Since there was an inordinate delay of 412 days in filing review petition which had not been satisfactorily explained, review petition was dismissed on ground of delay as well as on merits. [Art. 136]

Shelly Bansal v. CIT (2025) 304 Taxman 182 (SC) Editorial : Shelly Bansal v. CIT (2025)171 taxmann.com 807 (P& H)(HC)

S. 80-IC : Special category states-Entitle to 100% deduction- Order of High Court allowing only 25 % deduction is set aside.[Art. 136]