This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 119: Central Board of Direct Taxes-Circular-Charitable or religious trust-Form 10B-Delay in filing-COVID-19 pandemic, shortage of funds and staff and difficulties in accounting and audit constituted sufficient cause for condonation of delay.[S. 11, Form 10B, Art. 226]

Warkari Shikshan Sanstha v. CIT (E) [2025] 171 taxmann.com 269 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Charitable or religious trust-Form 10B-Delay in filing-Delay of 15 days caused by redevelopment of premises and COVID-19 disruptions was to be condoned. [S. 11, Form 10B, Art. 226]

Karnataka Sangha v. CIT (E) [2025] 171 taxmann.com 137 (Bom.)(HC)

S. 115JB: Company-Book profit-Minimum Alternate Tax-Electricity company governed by the Electricity Supply Act, 1948-Provisions of section 115JB not applicable. [S.260A, Electricity Supply Act, 1948]

CIT v. Reliance Infrastructure Ltd. [2025] 172 taxmann.com 119 (Bom.)(HC)

S. 115JA : Company-Book profit-Minimum alternate tax-Provision for doubtful debts-Amount receivable-Not a liability or reserve-Addition to book profit not permissible.[S.260A]

M.J. Exports (P.) Ltd. v. JCIT [2025] 176 taxmann.com 342 (Bom) (HC)

S. 115BAA: Tax on income of certain domestic companies-Concessional tax regime-Delay of 15 days-Condonation of delay in filing Form 10-IC-Filing return within the due date under section 139(1) was not a condition precedent for claiming benefit under section 115BAA-Order rejecting application for condonation was set aside, and delay in filing Form 10-IC was condoned. [S. 119, 139(1)., Art. 226]

Gem Nuts & Produce Exports Co. (P.) Ltd. v. PCIT [2025] 178 taxmann.com 256 (Bom)(HC)

S. 115BAA : Tax on income of certain domestic companies-Concessional tax regime-Form 10-IC-Condonation of delay-Conditions prescribed by CBDT Circular complied with-Delay condoned.[S. 119, 143(1), Rule 21AE, Form 10-IC, Art. 226]

Mirae Asset Venture Investments India (P.) Ltd. v. PCIT [2025] 176 taxmann.com 405 (Bom) (HC)

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-TPO failed to follow any prescribed method for determining ALP-Mistake could not be rectified in second innings-Appeal by Revenue-Low tax effect-CBDT Circular dated 15-3-2024-Monetary threshold of Rs. 2 crore applicable. [S.92B, 260A, 268A]

PCIT v. Capgemini India (P.) Ltd. [2025] 181 taxmann.com 7 (Bom)(HC)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Revocation of approval-Non-compliance with jurisdictional parameters in reopening proceedings; accordingly, impugned notification revoking approval and the reopening notice not interfered with. [Art. 226]

Pantheon Infrastructure (P.) Ltd. v. UOI [2025] 173 taxmann.com 537 (Bom) (HC)

S. 79: Carry forward and set off losses-Change in shareholdings-Companies in which the public are not substantially interested-Company undergoing CIRP-Principal Commissioner had notice under section 79 and did not make any submissions when the resolution plan was approved; denial of carry forward of losses could not be sustained; further, availability of such losses would have been a factor considered by the resolution applicant in submitting its proposal, and therefore assessment proceedings were quashed and set aside. [The Insolvency and Bankruptcy Code, 2016, 2, 31, Art. 226]

Amns Gandhidham Ltd. v. ACIT [2025] 180 taxmann.com 43 (Bom)(HC)

S. 68: Cash credits-Search and seizure-Cash found-Failure to correlate seized cash with loose papers-Addition justified-Order of Tribunal affirmed.[S.260A]

Ramchandra Dada Shinde v. DCIT [2025] 173 taxmann.com 654 (Bom) (HC)