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. 36(1)(iii) :Interest on borrowed capital – Interest free advance to subsidiary – Allowable as deduction on commercial expediency . [ S. 37(1), 260A ]
PCIT v. ESSEL Infra Projects Ltd ( Former PAN India Paryatn Ltd ( 2024) BCAJ – March – P. 47 ( Bom)( HC)
S. 22 : Income from house property -Income from business – Letting out property –Business of letting or subletting of properties- Income assessable as income from house property – Rule of consistency should be applicable to tax proceedings .[ S. 24 , 28(i) ]
PCIT v. Banzai Estates (P.) Ltd [2024] 165 taxmann.com 412 (Bom)( HC)
S. 12AB: Procedure for fresh registration – Denial of registration is justified if the trust had not complied with the applicable State law . [Form No .10AB , Rajasthan Public Trust Act , 1959 ]
Gurukul Shikshan Sansthan v .CIT( 2024) 165 taxxmann.com 369 ( Jaipur )( Trib)
S. 4 : Charge of income-tax – Notional income – Credited to profit and loss account – Accounting standard (Ind AS) – Cannot be assessed as real income .[ S. 143(1)(a), 154 ]
ACIT v. Kesar Terminals and Infrastructure Ltd ( 2024 ) BCAS – June -P. 41 ( Mum)( Trib)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search-Revised return-Claims of deduction were not accepted-Would not amount to wilful evasion of tax.[S. 132,139(1), Code of Criminal Procedure, 1973, S. 482]
Anurag Bagaria v. ITO (2024) 158 taxmann.com 546 (Karn)(HC)
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Penalty cannot be levied when the assessment is completed u/s 143(3)-Penalty is deleted.[S.272A(1)(d), 274]
Bhavna Modi v. ITO [2025] 170 taxmann.com 236 (Raipur)(Trib.)
S.271D: Penalty-Takes or accepts any loan or deposit-Cash received-Sale of rights in property-Property was registered in June 2016-Amendment is prospective-Specified sum explanation introduced with effect from 1-6.2015 [S. 269SS]
Renu Bala v. Addl.CIT(2024) Chamber’s Journal-August-P. 173 (Delhi)(Trib)
S. 270A:Penalty for under-reporting and misreporting of income-Charitable Trust-Depreciation on assets which are claimed as application of income-Bonfide error-Penalty is deleted.[S.270A(9)]
St. Peter’s School v. ITO (2024) Chamber’s Journal-November-P. 114 (Kol)(Trib)
S. 270A : Penalty for under-reporting and misreporting of income-Not specifying the charge-Penalty levied for misreporting-Notice issued was under reporting of income-Levy of penalty is cancelled. [S. 274]
Mohd. Sarwar v. ITO (2024) Chamber’s Journal-May-P. 137 (Hyd)(Trib)
S. 270A : Penalty for under-reporting and misreporting of income-Excess depreciation claimed-Bona fide mistake-Penalty is deleted. [S. 139]
DCIT v. Sasan Power Ltd (2024) The Chamber’s Journal-January-P. 117 (Mum)(Trib)