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. 145: Method of accounting-Builder and developer-Project completion method-Advances received by the assessee from the customers cannot be taxed in this year when the same have been adjusted in the sales in the assessment year 2018-19

Kaizen Enterprises (P) Ltd. v. ACIT (2025) 235 TTJ 295/ 128 ITR 270/ 172 taxmann.com 621 (Jaipur (Trib)

S. 143(2): Assessment-Notice-Physical copy of the notice has not been brought on record-Reassessment is bad in law. [S. 147, 148]

Subhash Chander Gupta v. ITO (2025) 235 TTJ 883 (Chd)(Trib)

S. 143(2): Assessment-Notice-Notice sent to wrong address-Assessment order was illegal and void ab initio. [S. 143(3), 282(1)(b)/(c)/ (d).]

Dhanottam Vasant Lonkar v. ITO (2025) 235 TTJ 265 (Pune)(Trib)

S. 115V-I: Shipping business-Shipping income-Interest from deposits with banks-AO is directed to treat the interest income as part of the profits from core shipping activities carried on by the assessee as business income. [S.115VJ]

Shipping Corporation of India v. DCIT (2025) 235 TTJ 163 / 173 taxmann.com 190 (Mum)(Trib)

S. 115V-I: Shipping business-Shipping income-Allocation of administrative expenditure-Required to be allocated on a reasonable basis.

Shipping Corporation of India v. DCIT (2025) 235 TTJ 163 / 173 taxmann.com 190 (Mum)(Trib)

S. 115JB: Company-Book profit-Sales tax subsidy-Credited to capital reserve-Adjustment made by the Assessing Officer is not justified.

Munjal Auto Industries Ltd. v. ITO (2025) 235 TTJ 84 / 173 taxmann.com 498 (Ahd)(Trib)

S. 112: Tax on long-term capital gains-Determination of tax in certain cases-Rate of tax-Redemption of debentures-Debentures are explicitly excluded from the concessional tax treatment under s. 112A, the correct rate of tax applicable on the LTCG from the redemption of market-linked debentures is 20 per cent under s. 112 [S.112A]

Doraiswami Rajagopalan v. DCIT (2025) 235 TTJ 597 / 172 taxmann.com 735(SMC) (Bang)(Trib)

S. 80G: Donation-Charitable as well as religious objects-Trust applies less than 5 per cent of its income towards religious purposes-Matter is restored to the CIT(E) to consider the grant of registration after carrying out necessary verification in accordance with law. [S.80G(5) 80G(5B), Expiation 3.]

Vismruti Social & Charitable Trust v. CIT (E) (2025) 235 TTJ 590 / 172 taxmann.com 582 (Ahd)(Trib)

S. 74: Losses-Capital gains-Capital loss-Carry forward and set off-Shares acquired before 1st April, 2017 cannot be taxed in the source country i.e., India-Eligible to carry forward the long term capital loss under the provisions of the Act-Debatable issue-Adjustment was not valid-DTAA-India-Singapore [S.90,143(1), Art. 13]

Qualcomm Asia Pacific Pte. Ltd. v. CIT (APPEALS) (2025) 235 TTJ 785 / 173 taxmann.com 839 (Mum) (Trib)

S. 69A: Unexplained money-Cash deposits in bank account-Demonetization period-Assessee, aged 89 years-Addition cannot be sustained to the extent of Rs. 5 lakhs in view of CBDT Instruction No. 3 of 2017, dt. 21st Feb., 2017-Source of the remaining amount of Rs. 5 lakhs has been duly explained by the assessee on the basis of said bank statements-Addition was deleted.

Shantirani Saarathamal Dagriya v. ITO (2025) 235 TTJ 448(SMC) (Mum)(Trib)