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
Click here to download the pdf versions of the Digest of case laws

S. 69: Unexplained investments-Income from undisclosed sources-Search-Notings on loose paper-Third-party presumption-Failure to give an opportunity of cross-examination-Addition was deleted. [S.132, 132(4)]

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

S. 69: Unexplained investments-Income from undisclosed sources-Survey-Investment in immovable property-AO was right in bringing the undisclosed income to tax under the special provisions of S. 69 and thereafter levying tax under the provisions of S. 115BBE.[S.69B, 115BBE, 292B]

Rajesh Kumar Jaiswal v. DCIT (2025) 235 TTJ 833 / 174 taxmann.com 276 (All) (Trib)

S. 68: Cash credits-Share transactions-Capital gains-Cannot be assessed as sham transaction-Addition was deleted. [S. 10(38,45]

Kavya Satija v. Dy. CIT (2025) 235 TTJ 217 (Delhi)(Trib)

S. 56: Income from other sources-Difference between the stamp duty value as on the date of agreement and the agreement value of the flats-Reference to DVO-Issue is restored to the AO for de novo adjudication after seeking a valuation report from the DVO as per the provisions of the Act. [S.50C(2), 56(2)(vii)(b)]

Fakhruddin T. Malik v. ITO (2025) 235 TTJ 906 (SMC) (Mum)(Trib)

S. 56: Income from other sources-Shares purchased for trading purposes-Stock in trade-Shares purchased for trading purposes, provisions of section 56(2)(viia) cannot be applied. [S. 562(viia)]

Utility Supply (P) Ltd. v. DCIT (2025) 235 TTJ 601 /124 ITR 324 / 174 taxmann.com 250 (Mum)(Trib)

S.54F: Capital gains-Investment in a residential house-Purchase of house property-Execution of sale deed beyond the specified period-MoU on 21st Aug., 2015-Entitled to exemption. [S. 45]

DCIT v. Kruti Lalitkumar Jain (2025) 235 TTJ 32/ 170 taxmann.com 465 (Pune) Trib)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Payment of freight charges to foreign shipping companies-Disallowance was affirmed.[S. 5(2), 195]

OPG Power Generation (P) Ltd. v. ACIT (2025) 235 TTJ 286 (Chennai)(Trib)

S. 37(1): Business expenditure-State tax paid in USA-Not claimed any benefit of the tax paid in the USA under the provisions of S. 90/91-State tax paid in USA is allowable as deduction.

Bosch Global Software Technologies (P) Ltd. v. ACIT (2025) 235 TTJ 807 / 174 taxmann.com 76 (Bang)(Trib)

S.37(1): Business expenditure-Advertisement material and goods-Purchase of icebox and plastic tables and chairs, bearing the logo-Allowable as business expenditure.

ACIT v Ludhiana Beverages (P) Ltd. (2025) 235 TTJ 535 (Amritsar)(Trib)

S.37(1): Business expenditure-Foreign exchange fluctuation loss-Working capital-Allowable as a deduction. [S. 145, AS-11]

Vgm Export v. JCIT (2025) 235 TTJ 526 / 172 taxmann.com 819 (Panaji) (Trib)