Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kalyan Development Corporation v. ACIT (2025) 233 TTJ 413 (Mum) (Trib)

S. 153A: Assessment-Search-No addition can be made merely on the basis of statement-On money-Presumption-Addition is deleted.[S. 132, 153C, 292C]

Neelu Sanjay Gupta (Smt.) Legal Heir of Late Sanjay Gupta v. Dy.CIT (2025) 233 TTJ 29 (Ahd) (Trib)

S. 153A: Assessment-Search-Revenue followed detailed guidelines during the search-Approval under the section cannot be considered as granted mechanically-Matter is restored to CIT(A). [S. 153D]

Arvind Velji Gada v. ITO (Mum) (Trib)(UR)

S. 151 : Reassessment-Sanction for issue of notice–Notice u/s 148 issued beyond 3-year period-As per amended Section 151 (post 01.04.2021), approval from PCCIT/CCIT was required, but approval was taken from PCIT-Reassessment proceedings quashed. [S. 147, 148]

Mohd. Shafiq Cement Store v. ITO [2025] 210 ITD 1 (Amritsar)(Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Approval is granted in mechanical manner-Reassessment is quashed Communication of assessment order-Assessment orders and demand notices issued u/s. 156, without a Document Identification Number (DIN) are unsustainable in law and can be considered invalid. [S. 119, 147 148, 156]

Madras Race Club v. Dy.CIT (2025) 233 TTJ 383 (Chennai) (Trib)

S. 147 : Reassessment-CIT(A) partly allowed the claim against losses-reopening of assessment on same issue-CIT(A) allowed the reopening-Held, reopening not valid as no fresh material on record. [S. 148]

Kailashnath Arunkumar Dube v. ITO (2025) 233 TTJ 720 (Surat) (Trib)

S. 147 : Reassessment-Best judgment assessment-Unexplained money-Entire cash deposit cannot be treated as income-Income of the assessee is estimated at 10 per cent of cash credit and other credit. [S.69A 148, 249(3)]

Mir Ibrahim Ali v. ACIT (IT) (2025) 233 TTJ 733 (Hyd) (Trib)

S. 144C : Reference to dispute resolution panel–Assessee did not file ITR-Assessment reopened u/s 147-Capital gain not declared-limitation-Assessment order barred by limitation as extended time limit u/s 153 not applicable. [S. 2(14)(iii), 144C(13), 147, 148, 153 (2), 153(4)]

TBEA Shenyang Transformer Group Company Ltd. v. Dy. CIT(IT) (2025) 210 ITD 53 (SB) (Ahd.)((Trib.)

S. 92B : Transfer pricing-International transaction-Arm’s length price-Avoidance of tax-Transactions between head office (HO) and Project Office (PO) in India-Transactions between a foreign enterprise and its PE in India qualify as international transactions under section 92B, even if both are non-residents subject to ALP adjustment-The matter is directed to be placed before the Division Bench to give effect to the direction-DTAA-India-China [S.92 Art. 7(2),9]

Norwest Venture Partners X-Mauritius v. DCIT /[2024] 160 taxmann.com 632 /[2025] 121 ITR 239(Delhi)(Trib)

S. 90 :Double taxation relief-Mauritius company-Indian company shares acquired before 01-04-2017-Sale claimed as exempt using Article 13(4) of the DTAA-No capital gains as TRC was given and grandfathering of treaty.-DTAA-India-Mauritius [S.90, Art. 13(4)]

Surendra Kumar Goenka v. ADIT, CPC (2025) 210 ITD 315 (Kol.) (Trib.) Editorial: Engineering Analysis Centre of Excellence (P) Ltd. v. CIT & Anr. (2021) 125 Taxmann.com 42/281 Taxman 19/432 ITR 471 (SC) followed.

S. 90: Double Taxability Relief-Foreign Tax Credit (FTC)-Denial due to delayed filing of Form No. 67-Directed to allow the claim. DTAA-India-Netherlands.[Form No.67, Art. 23]