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.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Tolerance limit of 10 per cent introduced by Finance Act, 2020 to section 43CA is curative in nature and, therefore, applicable retrospectively.[S.50C]
DCIT v. Amardeep Constructions. (2025) 215 ITD 322 (Mum) (Trib.)
S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Allowing 10 per cent tolerance band is curative and applies retrospectively-No addition was warranted in case of assessee, where difference between DVO value and sale consideration was within permissible limit for assessment year 2018-19.[S.50C]
DCIT v. Gaurav Investments. (2025) 215 ITD 124 (Mum) (Trib.)
S.43B: Deductions on actual payment-Liabilities disallowed in earlier year-Paid during year-Allowable on furnishing payment evidence, while addition for balance amount without supporting evidence was to be sustained.
Magnaquest Technologies Ltd. v. DCIT (2025) 215 ITD 146 (Hyd) (Trib.)
S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Provision for liquidated damages-Settled under VSV Scheme, 2024-Not allowed deduction in earlier years-Reversal of provision-Cannot be taxed under section 41(1) of the Act. [VSV Scheme, 2024]
Foster Wheeler (G.B.) Ltd. v. DCIT. (2025) 215 ITD 579 (Chennai) (Trib.)
S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors-Confirmation from parties-Additional evidence-The matter was restored to the file of the Assessing Officer for fresh adjudication.[S. 254(1)]
Ginni Filaments Ltd. v. DCIT (2025) 215 ITD 175 (Agra) (Trib.)
S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Consultancy charges paid to related party-No comparable instances cited by AO-Disallowance is deleted. [S.40A(2)(b)]
Virbala Kiritkumar Patel v. Dy. CIT (Ahd.)(Trib.)(UR)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Building contractor-Capitalised the expenditure-Not disallowable.[S. 30 to 38, 143(1)(a), 194C]
Raghav Agritech. v. ITO (2025) 215 ITD 647 (Nagpur) (Trib.)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Job work-Furnished Form 16A-Addition was deleted.[Form No 26AS]
R Y Midas Metacast (P.) Ltd. v. ITO (2025) 215 ITD 305 (Ahd) (Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission payment outside India-: Income deemed to accrue or arise in India-Commission paid to non-residents for services rendered outside India is not taxable in India; hence, the assessee is not liable to deduct TDS under S. 195. [S. 9(1)(i), 195]
United India Insurance Company Ltd. v. Dy. CIT (2025) 123 ITR 291 (Chennai)(Trib.)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Reinsurance premium ceded to non-resident reinsurers (NRRs) is not taxable in India under the Income Tax Act or the applicable DTAA; therefore, disallowance under S. 40(a)(i) for non-deduction of TDS under S. 195 does not arise. [S.195]
United India Insurance Company Ltd. v. Dy. CIT (2025) 123 ITR 291 (Chennai)(Trib.)