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
Click here to download the pdf versions of the Digest of case laws
S. 145: Method of accounting-Project competition method-Civil construction-Order of the Tribunal estimating the income at 8% on the basis of receipt was deleted-Directed the Assessing Officer to accept the project competition method. [S. 260A]
J N Tekrawala Construction Ltd. v. ITO (2025) 307 Taxman 236 (Guj.)(HC)
S. 144B: Faceless Assessment-Failure to provide personal hearing-Assessment Order as well as notice were to be quashed and set aside-Matter remanded back to NFAC to comply with SOP and pass a fresh order after following due procedure of law.[S. 144B(6),147, 148, 148A(b) 148A(d), Art. 226 ]
Mukeshbhai Barbarbhai Desai v. IDAU, NFAC (2025) 307 Taxman 265 (Guj.)(HC)
S. 144B: Faceless Assessment-Non-resident-Failure to grant personal hearing-Reassessment notice and consequential order were quashed. [S.10(15), 148, 148A(b), 148A(d), Art. 226]
Hasmukh Nanalal Parekh v. UOI (2025) 307 Taxman 427 (Guj)(HC)
S. 144: Best judgment assessment-Cash deposits during demonetisation-Unexplained money-Non-receipt of the notice-Ex parte order was set aside, and the Assessing Officer was directed to make fresh adjudication.[Art. 226]
Yashaswini Gruha Nirmana Sahakara Sangha Niyamitha v. ITO (2025) 307 Taxman 244 (Karn.)(HC)
S. 139: Return of income-Delay in filing of return-Tax deducted at source-Land Acquisition Act-The Commissioner was directed to condone the delay and allow the assessee to file the return. [S. 119 (2)(b), 194LA, Form 26AS, Art. 226]
Navinbhai Bhagubhai Patel v. UOI (2025) 307 Taxman 438 (Guj.)(HC)
S. 139: Return of income-Due date for filing tax audit report-CBDT was directed to issue a circular extending the return filing due date to 30-11-2025, for Assessment year 2025-26 [S. 44AB, 119 Art. 226]
Ashwini Kumar v. CBDT (2025) 307 Taxman 623 (P& H(HC)
S. 119: Central Board of Direct Taxes-Circular-Form No 10BB-Delay of 81 days-Chartered Accountant failed to prompt or instruct authorized person from the assessee institute to verify the audit report on the e-filing portal before the due date of filing of return-Delay was condoned. [S.10(23C)(vi), 11, 119(2)(b), 143(1), Form No 10BB, Art. 226]
Institute of Actuaries of India v. CIT (E) (2025) 307 Taxman 256 (Bom.)(HC)
S. 92C: Transfer pricing-Arm’s length price-Cannot be treated as a wholesale trader-Tolerance limit of ±3 per cent is applicable.[S. 260A]
PCIT v. Toyota Tsusho India (P.) Ltd. (2025) 307 Taxman 135 (Karn.)(HC)
S. 92C: Transfer pricing-Arm’s length price-Advance Pricing Agreement (APA)-Cost plus pricing methodology-Advance Pricing Agreement would be persuasive value.[S.92CC]
PCIT v. FIS Global Business Solutions India (P.) Ltd. (2025) 307 Taxman 309 (Delhi)(HC)
S. 92C: Transfer pricing-Arm’s length price-Order of the Tribunal deleting the adjustment is affirmed. [S. 260A]
Pr. CIT v. Casio India Company (P.) Ltd. (2025) 307 Taxman 122 (Delhi)(HC)