Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


American Express Banking Corporation v. ACIT (2025] 307 Taxman 226 / (2026) 484 ITR 1 (SC) Editorial: American Express Banking Corporation v. ADIT (IT) (2025) 476 ITR 752 (Delhi HC)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Intra-group services-Matter remanded by Tribunal to Transfer Pricing Officer-High Court holding no infirmity in order of Tribunal-SLP of revenue dismissed.[S.92CA(3), Art. 136]

PCIT, Central v. AHCL PEL (2025) 307 Taxman 317 (Bom.)(HC)

S. 80IB(10): Housing projects-Built up area of each flat less than 1000 square feet-Approved construction plan-Unexplained money-Three flats on the same floor were sold at different rates-Rates at which flats were sold were higher than stamp valuation-Order of Tribunal deleting the addition was affirmed-No question of law. [S.69A, 260A]

PCIT v. Ramelex (P.) Ltd. (2025) 307 Taxman 356 (Bom.)(HC)

S. 69C: Unexplained expenditure-Bogus purchases-Information for sales tax department-Hawala transactions-Not given an opportunity of cross-examination-Order of Tribunal limiting addition to 15 per cent of alleged purchases was affirmed. [S. 260A]

ACIT, Central v. Agrawal Infrabuild (P.) Ltd. (2025) 307 Taxman 153 / (2026) 484 ITR 558 (Chhattisgarh)(HC)

S. 68: Cash credits-Share application money-Shell company-Mere production of incorporation certificates, PAN numbers, income tax returns, or showing that transactions were routed through banking channels could not discharge the burden of proof under section 68-Assessing Officer’s conclusion was founded upon tangible, cogent and independent evidence, and not on conjecture, addition made by Assessing Officer was justified-Order of Tribunal set side. [S. 260A]

PCIT v. Vinod Premjibhai Gangani (2025) 307 Taxman 146 (Guj.)(HC)

S. 68 : Cash credits-Penny stock-Sun Rise Asian Ltd (SAL)-Long-term capital gains-Order of Tribunal deleting the addition is affirmed.[S. 10(38), 45]

PCIT (Central v. Laxmi Narayan Shivhare (2025) 307 Taxman 443 (SC) Editorial : PCIT v. Ramesh Chandra Rai (2024) 168 taxmann.com 43 (MP)(HC)

S. 67A: Association of persons-Body of individuals-Member’s share-Member of syndicates engaged in liquor business-Share of assessee in income of syndicate-Not taxable when association of persons taxed at maximum marginal rate-SLP of revenue dismissed. [S.2(31),86, 167B, Art. 136]

Kedaara Captial Fund II LLP v. ANFAC (2025) 307 Taxman 19 (Bom)(HC)

S. 37(1): Business expenditure-Expenditure debited in the profit and loss account was not claimed as a deduction-Disallowance made by the Assessing Officer is held to be unsustainable-Order quashed. [S. 10(23FBA), 115UB, 143(3), Art.226]

PCIT v. LTI Mindtree Ltd. (2025) 307 Taxman 25 (Karn.)(HC)

S. 37(1): Business expenditure-Provision for discount-Order of Tribunal allowing the claim is affirmed. [S.260A]

PCIT v. Remfry and Sagar (2025) 307 Taxman 490 (Delhi)(HC)

S. 37(1): Business expenditure-Licence fee-Use of goodwill-Travelling and entertainment expenses-Ad-hoc disallowance of 5 per cent-Provision for discount-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]

Hinduja Foundries Ltd. v. ACIT (2025) 307 Taxman 336 /(2026) 486 ITR 117 (Mad.)(HC)

S. 37(1): Business expenditure-lease of plot-Long-term lease of 99 years-Development charges-Deduction allowable at 5% of contribution towards the development charges at the end of each year-Allowable as revenue expenditure.[S. 260A]