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. 263 : Commissioner-Revision of orders prejudicial to revenue-Reimbursement of expenditure on account of Employee Stock Option Plan (ESOP) costs incurred by holding company-Allowable as deduction-Revision order is quashed.[S. 37(1)]

Make My Trip (India) (P.) Ltd. v. DCIT (IT) (2025) 211 ITD 389 / 234 TTJ 153(UR) (Delhi) (Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional claim-Not made through revised return of income-Restrictions does not apply to appellate authorities. [S. 139]

Diebold Nixdorf India (P.) Ltd. v. CIT (2025) 211 ITD 377 (Mum) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Survey-Surrender of income-No effective disposal of appeal-Matter remanded to the file of the CIT(A).[S. 69 to 69D, 115BBE, 133A]

Karam Chand Sweets. v. DCIT (2025) 211 ITD 190 (Chd) (Trib.)

S. 220 : Collection and recovery-Assessee deemed in default-Seized cash-Adjustment-Notice of demand dated 30-12-2016-Cash adjusted on 21-3-2018-Cash seized was available with the Department-Interest cannot be charged. [S. 132B]

Kushal Narayan Patel. v. ITO (2025) 211 ITD 36 (Mum) (Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Short deduction of tax deducted at source-Assessing Officer is directed to look into contention of assessee with regard to incorrect levy of interest under section 201(1A).[S. 194C, 194J, 201(IA)]

Accounts Officer, BSNL v. DCIT TDS) (2025) 211 ITD 449 (Delhi) (Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Not reflected in Form 26AS-Submitted supporting documents-Matter remanded to Assessing Officer for proper verification.[S. 143(1), 154, 201, Form 26AS.]

Xander Finance (P.) Ltd. v. ACIT (2025) 211 ITD 595 (Raipur) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Provision for expenses-Not claimed as application of income-Order of the CIT(A) quashing the rectification order is affirmed. [S. 11]

ITO v. Rajasthan Cricket Association. (2025) 211 ITD 430 (Jaipur) (Trib.)

S. 151 : Reassessment-Sanction for issue of notice-Date of sanction for issuance of notice-Date on which the notice is uploaded on ITBA portal of department-Not the date on which was communicated manually. [S. 148]

Prem Singh Saluja. v. ITO (2025) 211 ITD 496 (Raipur) (Trib.)

S. 147 : Reassessment-Unexplained investment-Purchase of land in another person-Issue is pending before under adjudication before authorities under PBPT Act-Matter is restored to file of AO. [S. 69, 148, Prohibition of Benami Property Transaction Act, 1988, S. 72]

Prem Singh Saluja. v. ITO (2025) 211 ITD 496 (Raipur) (Trib.)

S. 147 : Reassessment-Client code modification-Report from Investigation wing–Unexplained Moneys-Bogus commodity trading-Assessee is able to establish that its own funds were utilized to conduct transactions on NSEL platform-Reopening is quashed. [S. 68, 69A, 148]

DCIT v. Modern India Ltd. (2025) 211 ITD 270 (Mum) (Trib.)