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. 2(14)(iii) : Capital asset-Capital gains-Agricultural land-16 kms from municipality-Cultivation of groundnut-certificate from Village Administrative Officer-Exempt from taxation. [S. 45]
Parasmal Ravindra Kumar v. ITO (2025) 213 ITD 276 (Chennai) (Trib.)
S. 281B: Provisional attachment-Additions were set aside-Entire arrears were paid-The tax recovery officer was directed to release attached property.[S. 153A, 153C, 225, 226, Art. 226]
JSR Infra Developers (P.) Ltd. v. Tax Recovery Officer (2025) 307 Taxman 401 (Madras) (HC)
S. 220: Collection and recovery-Assessee deemed in default-No wilful disobedience of earlier court order-Contempt proceedings were dropped. [Contempt of Courts Act, 1971, S. 2(b)]
Court on its Own Motion v. Anuradha Misra (2025) 307 Taxman 411 (Delhi)(HC)
S. 153A : Assessment-Search or requisition-Unabated assessment-No incriminating material found-Order of Tribunal deleting the addition was affirmed. [S. 260A]
PCIT (Central) v. Sitaram Prints (P.) Ltd. (2025) 307 Taxman 227 (Guj.)(HC)
S. 151A: Faceless assessment scheme-Reassessment proceedings were initiated by the jurisdictional Assessing Officer-Reassessment notice and consequential proceedings were quashed. [S. 148, 148A(b) 148A(d), Art. 226]
Yashnu Yasasvi Polucherla v. ITO (2025) 307 Taxman 393 (Telangana)(HC)
S. 151A : Faceless assessment scheme-Interlocutory application seeking restoration of SLP was allowed and restored to its original number on file-Sanction to issue of notice-Reassessment was initiated after the expiry of three years-Interlocutory application seeking restoration of SLP was to be allowed and restored to its original number on file. [S. 148, 151, Art. 136]
ITO v. Prakash Pandurang Patil (2025) 307 Taxman 618 (SC) Editorial :SLP restored, ITO v. Prakash Pandurang Patil (2025) 306 Taxman 341 (SC)
S. 149 : Reassessment-Time limit for notice-Validity of a notice must be judged on the basis of the law existing as on the date on which the notice was issued u/s 148-Reassessment notice dated 31-7-2022 was barred by limitation-SLP of revenue was dismissed. [S. 148, 148A(b), 148A(d), Art. 136]
ITO, IT v. Shapoorji Pallonji Mistry (2025) 307 Taxman 620 (SC) Editorial: Labh Investment v.ITO (2025) 170 taxmann.com 628 (Bom) HC)
S. 149: Reassessment-Time limit for notice-validity of a notice must be judged on basis of law existing as on date on which notice was issued under section 148-Order passed under section 148A(d) and notice issued under section 148 were quashed on ground of limitation-Issue is covered in the case UOI v. Rajeev Bansal [2024] 301 Taxman 238 (SC)-Assessing Officer was directed to dispose of objections of assessee accordingly.[S. 148, 148A(b), 148A(d), Art. 136]
ACIT v.Bharat Ramanlal Parekh(2025) 307 Taxman 391 (SC) Editorial : Bharat Ramanlal Parekh v.ACIT (2015) 178 taxmann.com 314 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Demonetization-Reasons recorded are contrary to facts-Notice and order under section 148A(d) are quashed and set aside.[S. 68, 148, 148A(b), 148A(d), Art. 226]
Utpala Pradeep Jain v. ACIT (2025) 307 Taxman 432 (Guj.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice was issued by the jurisdictional Assessing Officer-Notice and all further proceedings were quashed. [S. 148A(b), 148A(d), 151A, Art. 226]
Karnataka Co-operative Sheep and Goat Rearers Societies Federation Ltd. v. ITO (2025) 307 Taxman 588 (Karn.)(HC)