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.147: Reassessment-After the expiry of four years-No failure to disclose material facts-Business expenditure-Discovery appreciation plan (DAP)-Material for reopening assessment had been gathered from assessment record of subsequent year-Reasons recorded stated that the claim was allowed by mistake-Change of opinion-Notice and order disposing the objection is set aside. [S. 37(1),143(3), Art. 226]
Discovery Communications India v. Addl. CIT (2025) 302 Taxman 246 / 473 ITR 627 (Delhi)(HC)
S.147: Reassessment-After the expiry of four years-Disallowance of expenditure-Exempt income-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed by High Court-Delay of 457 days-SLP of Revenue is dismissed on the ground that reasons assigned are neither satisfactory nor sufficient in law to condone the delay of 457 days. [S. 14A, 148, 263, Art. 136]
Dy. CIT v. Unitech Ltd. (2025) 302 Taxman 372 (SC) Editorial : Unitech Ltd v. Dy.CIT (2017) 397 ITR 547 / (2018) 99 taxmann.com 455(Delhi)(HC)
S. 144C : Reference to dispute resolution panel-Pendency of objection-Order is set aside. [Art. 226]
Jackson Square Aviation Ireland Ltd. v. ACIT (2025) 302 Taxman 502 (Delhi)(HC)
S. 144 : Best judgment assessment-Pendency of appeal and revision-Assessment order is stayed till proceedings before Appellate Authority or Revisional Authority were decided. [S. 144B, 148, 246A, 264, Art. 226]
Real Infrastructure Co. v. ITO (2025) 302 Taxman 116 (Bom.)(HC)
S. 143(3): Assessment-Error in heading was result of an inadvertent systemic error-Clarification issued by the Assessing Officer-Writ petition is dismissed. [S. 144C, Art. 226]
BT Global Communications India (P.) Ltd. v. DCIT (2025) 302 Taxman 298 (Delhi)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Return of income-Delay of 216 days-Delay is not explained satisfactorily-Rejection of application for condonation of delay in filing the return is affirmed.[S. 80P, 119(2)(b), 139, Art. 226]
No.9074 Neermullikuttai Primary Agricultural Co-operative Credit Society Ltd. v. Chief CIT (2025) 302 Taxman 22 (Mad.)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparable-Brand value-Entities having high brand value and, therefore, being able to command greater profits could not be selected as comparables-Order of Tribunal is set aside.[S. 260A]
Cadence Design Systems (India) v DCIT (2025) 302 Taxman 59 (Delhi) (HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Trading of imported luxury goods-Resale price method (RPM) is most appropriate method. [S. 260A]
PCIT v. Burberry India (P.) Ltd. (2025) 302 Taxman 257 (Delhi)(HC)
S. 69A : Unexplained money-Search-Deposit in bank account-Debit card in joint name-Matter remanded to produce bank account. [S.260A]
Pawan Kumar Jaggi v. ACIT (2025) 302 Taxman 274 (Delhi)(HC)
S. 68 : Cash credits-Unsecured loan-Furnished documents to prove identity, genuineness and credit worthiness of parties-Matter remanded back to the Assessing Officer for fresh consideration. [S. 143(3), Art. 226]
Shah Tobacco Trading Co. v. Add. ACIT (2025) 302 Taxman 219 (Guj)(HC)