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. 68: Cash credits-Unexplained Money-Senior citizen-Cash deposits during demonetisation-Agricultural income-Lump sum addition-Addition restricted to lump sum disallowance of Rs 62 000-Section 115BBE was inapplicable as the deposits were from explained sources and directed taxation under the normal provisions of the Act-The decision was rendered on the peculiar facts of the case and was not to be treated as a precedent. [S. 69A, 115BBE]

Ambarambhai Velabhai Jetpariya v. ITO (2025) 121 ITR 1 (SN) (Rajkot)(Trib.)

S. 68: Cash credits-Cash deposits during demonetisation-Addition was deleted-the enhanced rate under section 115BBE was not applicable for A.Y. 2017-18-Agricultural income-Ad hoc disallowance of 10% was deleted. [S. 115BBE]

Sureshbhai Bhiukhabhai Patel v. ITO (2025) 121 ITR 5 (SN) (Surat)(Trib.)

S. 68: Cash credits Unsecured loan-Share application money-Identity, creditworthiness and genuineness proved-Assessee not required to explain source of source where creditor had sufficient own funds-Addition deleted. [S. 133(6)]

ITO v. Vastimal Bhim Raj Sancheti (2025) 121 ITR 677 (Bang.)(Trib.)

S. 68: Cash credits-Revision of orders prejudicial to revenue-Cash credits-Share Capital-Share Premium-Second Reassessment-Natural justice-The material gathered was not furnished to the assessee, resulting in violation of section 142(3) and the principles of natural justice. Accordingly, the addition was deleted. [S. 142(3), 144, 147, 263]

Goodview Marketing (P.) Ltd. v. ITO (2025) 121 ITR 8 / 172 taxmann.com 46 (Kol.)(Trib.)

S.54F: Capital gains-Investment in a residential house-Purchase of residential house-Deduction cannot be denied merely because the sale deed was executed subsequently where investment and genuineness of the transaction are established. [S. 45]

Dy. CIT v. Kruti Lalitkumar Jain (2025) 121 ITR 26 (SN) (Pune)(Trib.)

S. 44BB : Mineral oils-Computation-Non-Resident-Business Income-Permanent Establishment-Not taxable as business income-Interest under section 234B cannot be levied.-DTAA-India-Canada.[S.90, 209(1)(d), 234B]

Computer Modelling Group Ltd. v. Asst. CIT (2025) 121 ITR 214 / 162 taxmann.com 437 (Delhi)(Trib.)

S. 36(1)(va): Any sum received from employees-Employees’ contribution-Delay in deposit-Adjustment under section 143(1) valid-Auditor need not certify admissibility of claim. [S. 2(24) (x),37(1) 43B, 143(1)]

Checkmate Services P. Ltd. v. Dy. CIT (2025) 121 ITR 73 (Ahd.)(Trib.)

S. 12AB: Procedure for fresh registration-Trust for benefit of particular religious community-Registration rightly denied where objects are confined to the Jain community. [S. 11, 12, 12A, 12AA, 12AB(4), 13(1)(b)]

Shri Soudharma Brihad Tapogachchiya Tristutik Jain Sangha Samarpanam v. CIT (E) (2025) 170 taxmann.com 590 / 121 ITR 47 (SN) (Ahd.)(Trib.)

S. 12AB: Procedure for fresh registration-Delay of 338 days in filing the appeal was condoned-Matter was remanded to the file of CIT(E) for passing a fresh order in accordance with law. [S. 11, 12, 253]

M. V. Karmari Charitable Trust v. CIT (E) (2025) 121 ITR 3 (SN) (Bang.)(Trib.)

S. 10 (23C): Educational institution-Exemption-Substantially financed by Government-CPC-Processing of return-Interest on Government grant-Public-private partnership-Denial of exemption was not justified. [S.10(23C(iiiab), 143(1)]

Institute Management Committee of Government ITI Peth v. ITO (2025) 121 ITR 76 (SN) (Pune)(Trib.)