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. 119 : Central Board of Direct Taxes-Circular-Charitable or religious trust-Delay in filing of Form 10B-PCIT rejected the condonation application filed after 9 months for a delay in filing Form 10B by 24 days-Non-condonation of delay would be a genuine hardship for the assessee-Delay in filing Form 10B condoned. [S.11, Form No 10B, Art. 226]
Mirae Asset Foundation v. PCIT [2025] 306 Taxman 3 (Bom)(HC)
S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Genuine mistake-Failure to file e. filing Form No 10-IC-Court held the authority must consider condonation under S. 119(2)(b) and permit a fresh Form 10-IC filing to give effect to the concessional rate. [S.119(2(b), Art, 226]
Camino Herbal Remedies (P.) Ltd. v. PCIT (2025) 306 Taxman 279 (Guj)(HC)
S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Captive Power Plants (CPPs)-Internal CUP method-Average landed cost of electricity paid to SEBs-Most appropriate method-Corporate guarantee-Arm’s length guarantee fee-0.5 per cent-Order of Tribunal affirmed. [S. 92BA, Rule 10B]
PCIT v. Dhunseri Ventures Ltd. [2025] 306 Taxman 375 (Cal) HC)
S. 80-IB(10): Housing projects-Date of commencement of construction after 1-10-1998-Eligibility for deduction-Findings of fact-Order of Tribunal affirmed.[S. 260A]
PCIT v. Kumar Housing Corporation Ltd. (2025) 306 Taxman 23 (Bom.) (HC)
S. 80G : Donation-Renewal of approval under S. 80G(5)(vi) cannot be denied merely because an educational trust collects fees, incurs establishment expenses, or donates to other educational institutions lacking 80G approval, absent change in its charitable activities. [S.11, 80G(5)(vi) [S.80G(5)(vi)]
CIT v. P.S. Ramasamy Telugu Minority Educational & Charitable Trust (2025) 306 Taxman 33 (Mad.)(HC)
S.69C: Unexplained expenditure-Reassessment proceedings-bogus purchases-Inability to furnish purchase confirmations, addresses of suppliers-High Court held that the Assessing Officer justified in making additions for disallowance of peak purchases-SLP of assessee dismissed. [S. 69C, 147, 148, Art.136]
Drisha Impex Pvt Ltd v. PCIT (2025) 306 Taxman 337/481 ITR 456 (SC) Editorial : PCIT v. Drisha Impex Pvt Ltd(2025) 479 ITR 315/344 CTR 441 / 249 DTR 121 / 173 taxmann.com 571 (Bom)(HC)
S. 69A : Unexplained money-On money-Construction business-Tribunal directed the Assessing Officer to compute on money at rate of 10 per cent of total receipt booked in the books of account-High Court affirmed the order of Tribunal.[S. 132(4), 260A]
Labh Construction & Industries Ltd. [2025] 306 Taxman 201 (Guj)(HC)
S. 68: Cash credits-Addition on the basis of DVO valuation-Property of the assessee neither sold nor transferred-Share transfer between shareholders-No income in the hands of assessee company-The acquisition of an indirect interest in property through share transfer does not divest the assessee of its ownership, and any tax incidence, if applicable, would be confined to the transacting shareholders-Addition deleted.[S. 260A]
Snerea Properties (P.) Ltd v. ACIT (2025) 306 Taxman 126 (Delhi)(HC)
S.68: Cash credits-Share Capital-Identity and creditworthiness of Share applicant companies-Financial statements-Deletion of addition affirmed. [S. 260A]
Pr. CIT v. One Point Commercial (P.) Ltd. (2025)306 Taxman 7 (Cal.)(HC)
S. 68 : Cash credits-Sale consideration-Tribunal held taxing same again would result in double addition, which was impermissible and accordingly, entire addition under section 68 was deleted. High Court held that considering factual findings arrived at by Tribunal for both Assessment Years, no question of law, much less any substantial question of law arose for consideration. SLP delayed by 392 days. SLP of revenue was dismissed on account of delay as well as on merits [Art. 136]
PCIT v. N.K. Industries Ltd. (2025) 306 Taxman 1 (SC) Editorial : PCIT v. N.K. Industries Ltd(2025) 175 taxmann.com 619 (Guj)(HC)