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. 68: Cash credits-Sale of shares-Penny stock-Investigation Wing/SEBI reports-Bogus long term capital gains-Accommodation entries-NCL Research & Finance Services Pvt Ltd-Shares through stock exchange-Paid STT, Disclosed transaction in return-Held shares in demat account-routed Payments through banks-Sale proceeds cannot be assessed as cash credits-Eligible for exemption-Addition of unexplained expenditure was also deleted. [S. 10(38), 45, 69C]

Anju Parekh. v. ITO (2025) 215 ITD 639 (SMC) (Raipur) (Trib.)

S. 56: Income from other sources-Gift-Brother-in-law (spouse of his sister)-through NRE account-Source of amount being from a relative-Amount was not liable to be included in the total income of assessee.[S. 56(2)(x)]

Deb Prasanna Choudhury. v. ADIT (2025) 215 ITD 675 (Kol) (Trib.)

S. 56: Income from other sources-Income from other sources-Shares at premium-Cash flow method-Matter was to be restored to the file of CIT(A) for fresh adjudication.[S.56(2)(viib)]

ACIT, Central Circle. v. Sanghvi Beauty and Technologies (P.) Ltd. (2025) 215 ITD 588 (Pune) (Trib.)

S. 56: Income from other sources-Interest-Highway project-Temporary parking of such funds in short-term deposits, interest earned thereon being inextricably linked with setting up of infrastructure facility was capital in nature and to be reduced from capital work-in-progress.[S. 4, 37(1)]

ACIT v. Chenani Nashri Tunnelway Ltd. (2025) 215 ITD 197 (Mum) (Trib.)

S. 54B: Capital gains-Land used for agricultural purposes-Co-owner-Order of CIT(A), merely relying upon the decision of the co-owner without verifying distinguishing facts recorded by the Assessing Officer, was set aside and restored to him for decision afresh.[S. 45]

ITO v. Nitinbhai Kanubhai Patel. (2025) 215 ITD 565 (Ahd) (Trib.)

S. 54: Capital gains-Profit on sale of property used for residence-Property is purchased in the name of spouse-Exemption cannot be denied.[S. 45]

Rajesh Narendrabhai Patel. v. ITO (2025) 215 ITD 282 (Ahd) (Trib.)

S. 54: Capital gains-Profit on sale of property used for residence-Construction of house-Purchase of land with construction of house-matter was to be remitted back to the Assessing Officer for decision afresh.[S. 45, 54F]

Yogesh Mutha. v. ITO (2025) 215 ITD 87 (Jaipur) (Trib.)

S. 48: Capital gains-Mode of Computation-Cost of improvement-Previous owner-Cost of acquisition-cost of construction and interiors-Additional evidence-Matter was remitted back to the Assessing Officer for fresh adjudication. [S.49(1)]

Vishnukumar Gokalchand Gupta. v. ACIT (2025) 215 ITD 453 (Mum) (Trib.)

S. 48: Capital gains-Mode of Computation-Reference to valuation officer (FMV)-FMV of property as on 1-4-1981-Valuation report prepared by a Government-approved registered valuer-Matter was to be remanded back to file of Assessing Officer with a direction to refer valuation of property as on 1-4-1981 to DVO as per specific request of assessee, and thereafter, re-compute long-term capital gain-Cost of improvement expenses-Matter remanded for fresh examination-Full value of consideration-Stamp valuation-Matter concerning correct sale consideration required de novo consideration and was to be restored to Assessing Officer.[S. 45, 50C, 55A, 131, 133(6), 154]

Harshadkumar Hargovandas Patel. v. ITO (2025) 215 ITD 374 (Ahd) (Trib.)

S. 45: Capital gains-Capital asset-Sale of immovable property-Name of lender-Agency Transaction-Ownership established in the registered documents-Addition is affirmed. [S.2(14), 44AD]

Piyush M. Dobariya v. ITO (2025) [2025] 174 taxmann.com 1075 /127 ITR 246/234 TTJ 42 (Ahd)(Trib) Ajay Bharwad v.. ITO (2025) [2025] 174 taxmann.com 1075 /127 ITR 246/234 TTJ 42 (Ahd)(Trib)