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. 112: Tax on long-term capital gains-Determination of tax in certain cases-Rate of tax-Redemption of debentures-Debentures are explicitly excluded from the concessional tax treatment under s. 112A, the correct rate of tax applicable on the LTCG from the redemption of market-linked debentures is 20 per cent under s. 112 [S.112A]

Doraiswami Rajagopalan v. DCIT (2025) 235 TTJ 597 / 172 taxmann.com 735(SMC) (Bang)(Trib)

S. 80G: Donation-Charitable as well as religious objects-Trust applies less than 5 per cent of its income towards religious purposes-Matter is restored to the CIT(E) to consider the grant of registration after carrying out necessary verification in accordance with law. [S.80G(5) 80G(5B), Expiation 3.]

Vismruti Social & Charitable Trust v. CIT (E) (2025) 235 TTJ 590 / 172 taxmann.com 582 (Ahd)(Trib)

S. 74: Losses-Capital gains-Capital loss-Carry forward and set off-Shares acquired before 1st April, 2017 cannot be taxed in the source country i.e., India-Eligible to carry forward the long term capital loss under the provisions of the Act-Debatable issue-Adjustment was not valid-DTAA-India-Singapore [S.90,143(1), Art. 13]

Qualcomm Asia Pacific Pte. Ltd. v. CIT (APPEALS) (2025) 235 TTJ 785 / 173 taxmann.com 839 (Mum) (Trib)

S. 69A: Unexplained money-Cash deposits in bank account-Demonetization period-Assessee, aged 89 years-Addition cannot be sustained to the extent of Rs. 5 lakhs in view of CBDT Instruction No. 3 of 2017, dt. 21st Feb., 2017-Source of the remaining amount of Rs. 5 lakhs has been duly explained by the assessee on the basis of said bank statements-Addition was deleted.

Shantirani Saarathamal Dagriya v. ITO (2025) 235 TTJ 448(SMC) (Mum)(Trib)

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)