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. 90: Double taxation relief-Foreign tax credit cannot be denied merely because Form No. 67 was filed after the due date, where the claim is otherwise supported by the return of income. [S. 139(1), R. 128]
Vaibhav Singh v. ITO (2025) 121 ITR 17 (SN) (Jaipur)(Trib.)
S. 80P: Co-operative societies-Deduction-Absence of banking licence-Deduction allowable-Disallowance of gratuity contribution-enhancement of business profits would also qualify for deduction in view of CBDT Circular No. 37 of 2016. [S.80P(2)(4)]
Muzaffarnagar District Co-operative Bank Ltd. v. Dy. CIT (2025) 121 ITR 11 (SN) (Delhi)(Trib.)
80G: Donation-Deduction-Corporate Social Responsibility expenditure-Donation to approved institution-Allowable as deduction-Education cess-Not allowable as deduction-Dividend Distribution Tax-Not entitled to claim a lower rate of Dividend Distribution Tax under the DTAA, [S. 37(1), Expln. 2 40(a)(ii), 115-0, 234A, 234B, 234C)
Ericsson India Global Services P. Ltd. v. Dy. CIT (2024) 160 taxmann.com 599 / (2025) 121 ITR 89 (SN) (Delhi)(Trib.)
S.69C: Unexplained expenditure-Business Expenditure-Bogus Purchases-Accommodation Bills –Failure to give an opportunity of cross-examination-Deletion of addition was affirmed.[S. 37(1), 131, 133A]
Asst. CIT v. Sharp Corp. Ltd. (2025) 121 ITR 697 / 161 taxmann.com 207 (Delhi)(Trib.)
S. 69B: Amounts of investments not fully disclosed in books of account –Survey-Excess stock-Regular business stock-Taxable as business income-Section 69B not applicable. [S. 28(i), 115BBE, 133A]
Amarjit and Sons v. Dy. CIT (2025) 121 ITR 130 (Chd.)(Trib.)
S. 68: Cash credits-Unexplained Money-Senior citizen-Cash deposits during demonetisation-Agricultural income-Lump sum addition-Addition restricted to lump sum disallowance of Rs 62 000-Section 115BBE was inapplicable as the deposits were from explained sources and directed taxation under the normal provisions of the Act-The decision was rendered on the peculiar facts of the case and was not to be treated as a precedent. [S. 69A, 115BBE]
Ambarambhai Velabhai Jetpariya v. ITO (2025) 121 ITR 1 (SN) (Rajkot)(Trib.)
S. 68: Cash credits-Cash deposits during demonetisation-Addition was deleted-the enhanced rate under section 115BBE was not applicable for A.Y. 2017-18-Agricultural income-Ad hoc disallowance of 10% was deleted. [S. 115BBE]
Sureshbhai Bhiukhabhai Patel v. ITO (2025) 121 ITR 5 (SN) (Surat)(Trib.)
S. 68: Cash credits Unsecured loan-Share application money-Identity, creditworthiness and genuineness proved-Assessee not required to explain source of source where creditor had sufficient own funds-Addition deleted. [S. 133(6)]
ITO v. Vastimal Bhim Raj Sancheti (2025) 121 ITR 677 (Bang.)(Trib.)
S. 68: Cash credits-Revision of orders prejudicial to revenue-Cash credits-Share Capital-Share Premium-Second Reassessment-Natural justice-The material gathered was not furnished to the assessee, resulting in violation of section 142(3) and the principles of natural justice. Accordingly, the addition was deleted. [S. 142(3), 144, 147, 263]
Goodview Marketing (P.) Ltd. v. ITO (2025) 121 ITR 8 / 172 taxmann.com 46 (Kol.)(Trib.)
S.54F: Capital gains-Investment in a residential house-Purchase of residential house-Deduction cannot be denied merely because the sale deed was executed subsequently where investment and genuineness of the transaction are established. [S. 45]
Dy. CIT v. Kruti Lalitkumar Jain (2025) 121 ITR 26 (SN) (Pune)(Trib.)