Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


J N Tekrawala Construction Ltd. v. ITO (2025) 307 Taxman 236 (Guj.)(HC)

S. 145: Method of accounting-Project competition method-Civil construction-Order of the Tribunal estimating the income at 8% on the basis of receipt was deleted-Directed the Assessing Officer to accept the project competition method. [S. 260A]

Mukeshbhai Barbarbhai Desai v. IDAU, NFAC (2025) 307 Taxman 265 (Guj.)(HC)

S. 144B: Faceless Assessment-Failure to provide personal hearing-Assessment Order as well as notice were to be quashed and set aside-Matter remanded back to NFAC to comply with SOP and pass a fresh order after following due procedure of law.[S. 144B(6),147, 148, 148A(b) 148A(d), Art. 226 ]

Hasmukh Nanalal Parekh v. UOI (2025) 307 Taxman 427 (Guj)(HC)

S. 144B: Faceless Assessment-Non-resident-Failure to grant personal hearing-Reassessment notice and consequential order were quashed. [S.10(15), 148, 148A(b), 148A(d), Art. 226]

Yashaswini Gruha Nirmana Sahakara Sangha Niyamitha v. ITO (2025) 307 Taxman 244 (Karn.)(HC)

S. 144: Best judgment assessment-Cash deposits during demonetisation-Unexplained money-Non-receipt of the notice-Ex parte order was set aside, and the Assessing Officer was directed to make fresh adjudication.[Art. 226]

Navinbhai Bhagubhai Patel v. UOI (2025) 307 Taxman 438 (Guj.)(HC)

S. 139: Return of income-Delay in filing of return-Tax deducted at source-Land Acquisition Act-The Commissioner was directed to condone the delay and allow the assessee to file the return. [S. 119 (2)(b), 194LA, Form 26AS, Art. 226]

Ashwini Kumar v. CBDT (2025) 307 Taxman 623 (P& H(HC)

S. 139: Return of income-Due date for filing tax audit report-CBDT was directed to issue a circular extending the return filing due date to 30-11-2025, for Assessment year 2025-26 [S. 44AB, 119 Art. 226]

Institute of Actuaries of India v. CIT (E) (2025) 307 Taxman 256 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Form No 10BB-Delay of 81 days-Chartered Accountant failed to prompt or instruct authorized person from the assessee institute to verify the audit report on the e-filing portal before the due date of filing of return-Delay was condoned. [S.10(23C)(vi), 11, 119(2)(b), 143(1), Form No 10BB, Art. 226]

PCIT v. Toyota Tsusho India (P.) Ltd. (2025) 307 Taxman 135 (Karn.)(HC)

S. 92C: Transfer pricing-Arm’s length price-Cannot be treated as a wholesale trader-Tolerance limit of ±3 per cent is applicable.[S. 260A]

PCIT v. FIS Global Business Solutions India (P.) Ltd. (2025) 307 Taxman 309 (Delhi)(HC)

S. 92C: Transfer pricing-Arm’s length price-Advance Pricing Agreement (APA)-Cost plus pricing methodology-Advance Pricing Agreement would be persuasive value.[S.92CC]

Pr. CIT v. Casio India Company (P.) Ltd. (2025) 307 Taxman 122 (Delhi)(HC)

S. 92C: Transfer pricing-Arm’s length price-Order of the Tribunal deleting the adjustment is affirmed. [S. 260A]