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. 244A: Refunds-Interest on refunds-Refund granted without interest-Interest directed to be credited.[Art. 226]

Vidya R Iyer v. DCIT [2025] 173 taxmann.com 542 (Bom) (HC)

S. 243: Refunds-Interest on delayed refunds-Delay in granting refund-Strictures-Accountability-Interest-Responsibility to be fixed on defaulting officials-Financial liability arising from such delay was to be recovered from the officials responsible for the inaction so as to ensure accountability and prevent negligence in administrative functions. [Art. 14, 265, 300A]

Nirmalkumar Mulchand Puruswani v. ITO [2025] 173 taxmann.com 270 (Bom) (HC).

S.241: Refunds-Power to withhold in certain cases-Approval of higher authorities-Communication to assessee-Opportunity to challenge.[Art. 226]

Wadhwa Group Holding (P.) Ltd. v. ACIT [2025] 175 taxmann.com 531 (Bom) (HC)

S. 220: Collection and recovery-Assessee deemed in default-Stay of demand-Unconditional stay-Reassessment-Assessee had a strong prima facie case and unconditional stay was warranted, and the order granting stay subject to payment of 20 per cent of disputed demand was set aside. [S. 45, Art. 226]

Supremus Lower Parel Premises (P.) Ltd. v. PCIT [2025] 178 taxmann.com 56 (Bom)(HC)

S. 220: Collection and recovery-Assessee deemed in default-Stay-Requirement of payment of 20 per cent of demand as a pre-condition for stay was held to be appropriate, and orders were not interfered with. [Art. 226]

Promod India (P.) Ltd. v. DCIT [2025] 173 taxmann.com 622 (Bom) (HC)

S. 220: Collection and recovery-Assessee deemed in default-Stay of demand-Pendency of appeal before CIT(A)-Payment of 20 per cent of demand-Adjustment of subsequent refund-Not justified.[S. 245, 250(6A),Art. 226]

Mahesh Mathuradass Ganatra v. CPC [2025] 175 taxmann.com 234 (Bom) (HC)

S. 220: Collection and recovery-Assessee deemed in default-Recovery of tax-Pendency of appeal-Adjustment of refund-Payment of 15 per cent of demand-Further payment of 5 per cent-Balance refund to be released.[S. 245,246A, 250(6A) Art. 226]

D G Exports v. ACIT [2025] 172 taxmann.com 647 (Bom) (HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-20 per cent deposit-Financial hardship-Unconditional stay not justified. [Art. 226]

Nisarg Developers v. ACIT [2025] 171 taxmann.com 804 (Bom) (HC).

S. 158BD: Block assessment-Undisclosed income of any other person-Architect’s cross-examination confirmed cash payments made by the assessee; since concurrent findings of fact established the Assessing Officer’s satisfaction, undisclosed income was rightly assessed under section 158BD and not under section 69C. [S. 69C, 132, 260A]

Akhtar Hasan Rizvi v. JCIT [2025] 179 taxmann.com 636 (Bom)(HC)

S. 154: Rectification of mistake-Mistake apparent from the record-Document Identification Number-Rectification order issued without DIN and not covered by CBDT Circular exceptions-Subsequent allotment of DIN could not cure the defect-Backdated order-Notice under section 154(3) issued after the purported date of rectification order-Order barred by limitation and passed without mandatory opportunity of hearing-Quashed-Alternate remedy-Objection rejected. [S. 119, 143(3), 154(3), 154(7), Art. 226]

Siemens Ltd. v. DCIT [2025] 181 taxmann.com 448 /[2026] 486 ITR 181   (Bom)(HC)