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. 139 : Return of income-Carry forward loss-Provided return is filed within time indicated in relevant notice under section 153A(1)(a)-Order of Tribunal allowing the carryforward of loss was affirmed [S. 153A, 245B(4), 260A]

PCIT (Central) v. Seven Star Steels Ltd. (2025) 305 Taxman 98 (Cal)(HC)

S. 132A : Powers-Requisition of books of account-Theft of cash-On criminal application by the Revenue,the Court held that department would be free to undertake all actions permitted under law, subject deposit of entire amount of Rs.35.28 lakhs in P.D. Account in accordance with provisions and Rules of Income Tax Act.[S.132A(1)(c)]

Dy. DIT v. State of Gujarat (2025) 305 Taxman 133 (Guj.)(HC)

S. 132A : Powers-Requisition of books of account-Cash seized from vehicle-High Court held that seized property would be released only upon furnishing bank guarantee(s) and personal bond(s) and once amount was secured-SLP of revenue dismissed. [S.69A, Code of Criminal Procedure, 1973, S. 451, 452, Art. 136]

Government of India, Income-tax Department v. Mohammed K. (2025) 305 Taxman 487 (SC) Editorial : Mohammed K. v.State of Kerala (2025) 174 taxmann.com 1242 (Ker)(HC)

S. 132 : Search and seizure-Business premises at Ranchi-Seizure of jewellery by Deputy Director of Investigation Wing, Ranchi-Outside territorial jurisdiction of High Court at Calcutta-Writ of mandamus could not be issued to an authority which was situated outside jurisdiction of High Court. Direction could not be issued to Income tax officer, who was outside jurisdiction of Court, to return jewellery. [Art. 226]

Dia Gold Jewels (P.) Ltd v. PCIT (2025) 305 Taxman 255 (Cal.)(HC) Editorial : Dia Gold Jewels Ltd v. PCIT (2025) 173 taxmann.com 386 (Cal)(HC)

S. 132 : Search and seizure-Bank account of political party was not linked with its PAN-Satisfaction arrived at by revenue to initiate a search and seizure under section 132 could not be held to be perverse or legally untenable-Prohibitory order-Period of 60 days had already expired, prohibitory order had already expired by operation of law and hence could not remain valid.[S.131(IA),132(3), 132(8), Art. 226]

M.M. Varghese v. ADIT (2025) 305 Taxman 105 (Ker)(HC)

S. 127 : Power to transfer cases-Search-On SLP the Court held since transfer had already taken place, if authority concerned wanted to pass an order, it might proceed to do but it would not give a final effect to order till matter was heard on merits. [Art. 136]

Future Gaming and Hotel Services (P.) Ltd. v. PCIT (2025) 305 Taxman 490 (SC) Editorial :Jose Charles Martin v.PCIT (2025) 174 taxmann.com 1196 (Mad)(HC) (para 3), stayed.

S. 80IC : Special category states-Substantial expansion-Entitle exemption of 100 per cent beyond period of five years on ground that it now carried out substantial expansion in terms of section 80-IC(8)(ix) within aforesaid period of ten years in its manufacturing unit. [S.80IC(2), 80IC(3), 80IC(8)(ix), 260A]

J.C. International v. Dy. CIT (2025) 305 Taxman 425 (HP)(HC)

S. 69A : Unexplained money-Search-Real estate projects-Books of account-Seized diaries contained recordings of receipts, which pertained to booking of flats-Not dumb documents-Order of Tribunal confirming the addition was affirmed.[S. 2(12A), 132, 260A]

Shri Om Sai Infrapromoters (P.) Ltd. v. Dy. CIT (2025) 305 Taxman 551 (Delhi)(HC)

S. 68 : Cash credits-Unsecured loans-Amount disclosed cannot be considered as undisclosed-Order of Tribunal deleting the addition was affirmed. [S. 132, 260A]

PCIT (Central) v. R B Farms and Estates (P.) Ltd. (2025) 305 Taxman 576 (Delhi)(HC)

S. 68 : Cash credits-Shell company-Accommodation entries-Commission income was offered-Order of Tribunal deleting the addition as unexplained credits was affirmed by the High Court. [S. 153C, 260A]

PCIT v. Third Generation Traders (P.) Ltd. (2025) 305 Taxman 299 (Delhi)(HC)