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. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital-Share premium-Order of High Court quashing the revision order-Delay of 358 days-SLP of revenue was dismissed failure to explain the condonation of delay. [S. 131, 142(1), Art. 136]

PCIT v. Pearl Tracom Pvt. Ltd (2025) 476 ITR 459 (SC) Editorial : PCIT v. Pearl Tracom Pvt. Ltd., (2025) 476 ITR 456 (Cal)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Business expenditure-Loss-Carry forward-Non application of mind-High Court holding Assessing Officer without enquiry or application of mind allowed assessee to carry forward loss and Commissioner right in revising-SLP of revenue was dismissed.[Art. 136]

Zuari Maroc Phosphates Ltd. v Pr. CIT (2025) 476 ITR 5/305 Taxman 495 (SC) Editorial : Pr. CIT v. Zuari Maroc Phosphates Ltd., (2021) 432 ITR 316 / 279 Taxman 333 (Bom)(HC).

S. 260A : Appeal-High Court-Income deemed to accrue or arise in India-Royalty-Non speaking order-Deduction of tax at source-Payment to non-resident-Application for certificate of nil deduction Royalty-Matter remanded to the CIT(A)-DTAA-India-USA. [S. 9(1)(vi), Expln. 6, 195(2),254(1), Art. 12(3)2.]

Viacom 18 Media Pvt. Ltd. v. Dy. CIT (2025) 476 ITR 781 /174 taxmann.com 389 (Bom)(HC)

S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed. [S. 254(1)]

Central Warehousing Corporation v CIT (2025) 476 ITR 516 (Delhi)(HC) Editorial : SLP rejected, Central Warehousing Corporation. v. PCIT (2025) 476 ITR 520 (SC)

S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed by high Court-If the assessee believed that its counsel wrongly conceded before the High Court on a point of law, it was expected of it to immediately prefer an appropriate application before the High Court and get the matter clarified. It was too late in the day to level such allegations-SLP rejected. [S. 254(1), Art. 136]

Central Warehousing Corporation. v. PCIT (2025) 476 ITR 520 (SC) Editorial: Central Warehousing Corporation v CIT (2025) 476 ITR 516 (Delhi)(HC)

S. 260A : Appeal-High Court-Ex parte order allowing Department’s appeals-Review petition filed before High Court-No service of notice-On SLP court held that the High Court to look into review petition and take appropriate decision in accordance with law. [Art. 136]

Maharaji Education Trust v. PCIT (2025) 476 ITR 9 /304 Taxman 590 (SC) Editorial : PCIT v. Maharaji Education Trust, (2024) 468 ITR 634 /166 taxmann. com 197 (Delhi)(HC)

S. 250 : Appeal-Commissioner (Appeals)-Delay in disposal of appeals involving demands above Rs. 5 crores-On writ the court directed the Principal Commissioner to ensure disposal of appeals within three months coercive recovery measures to be taken till disposal.[S. 156, 246A, 250(6A) Art. 226]

Mega Alloys. v. UOI (2025) 476 ITR 631 (Gauhati)(HC)

S. 244A : Refunds-Interest on refunds-Deduction of tax at source-Delay in application under circumstances beyond control of assessee-Delay is condoned-Entitled to interest on refund-Money held without authority-High Court directed the revenue to grant interest-SLP delayed by 371, 390 and 374 days-SLP of revenue was dismissed on account of delay and also on merit. [S. 194LA, IT R, 1962, R. 31(3), form 16A, Art. 136]

PCIT v. Amrutlal Madhavjibhai Bharad (2025) 476 ITR 1 / 305 Taxman 413 (SC) Editorial : Mohanbhai Madhavjibhai Bharad v. PCIT (2024) 465 ITR 313/ 336 CTR 578 /158 taxmann. com 13 (Guj) (HC)

S. 237 : Refunds-Collection of tax at source Refund-Interest-High Court directing Department to reimburse seller and to seller to return sum to assessee within specified periods-Direction for payment of interest if time limits set by court not kept-High Court refusing to direct Department to undertake not to appeal against order of Tribunal-SLP of assessee dismissed. [S.244A, Form 27C, Art.136]

Adhunik Power and Natural Resources Ltd v. Central Coalfields Ltd. & Ors. (2025) 476 ITR 225 /175 taxmann.com 840 (SC) Editorial : Adhunik Power and Natural Resources Ltd. v. Central Coalfields Ltd. and Ors. (2024) 296 Taxman 53/ (2025) 476 ITR 213 (Jharkand)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Non genuine purchases-Directions to pay 20 per cent. of demand in six instalments-Writ petition dismissed. [S. 156, Art. 226]

Indrayani Ferrocast Pvt. Ltd. v. Dy. CIT (2025) 476 ITR 205 (Bom)(HC)