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-Share capital received from three companies-Mere proof of identity of investors insufficient-Assessee must establish creditworthiness and genuineness-Tribunal ignored AO’s findings-Addition restored by High court-SLP of assessee dismissed.[Art. 136]
Jaguar Buildcon (P.) Ltd [2025] 306 Taxman 349 /481 ITR 493 (SC) Editorial : PCIT v. Jaguar Buildcon (P.) Ltd(2025) 177 taxmann.com 504/ 481 ITR 477 (Delhi)(HC)
S. 68 : Cash credits-Shares to promoters at premium-Income from other sources-Share premium cannot be assessed as revenue receipt even if assessee had breached provisions of section 78(2) of Companies Act, 1956, it would be penalised by provisions of Companies Act and breach would never turn share premium amount received into a revenue receipt-Share premium cannot be assessed as income from other sources-SLP of revenue was dismissed on account of delay of 271 days and also on merits. [S. 2(24)(xvi)56(2)(vii)(b), Companies Act, 1956, S 78(2),Art. 136]
Shendra Advisory Services Pvt. Ltd. (2025) 306 Taxman 166/481 ITR 457 (SC) Editorial : Shendra Advisory Services Pvt. Ltd v. Dy. CIT(2024) 298 Taxman 261 / (2025) 482 ITR 385 (Bom)(HC)
S. 54 : Capital gains-Profit on sale of property used for residence-Residential house-Prior to amendment in 2014 allowed for exemption for purchase of more than 1 residential properties.[S. 45]
Krishnagopal B. Nangpal [2025] 306 Taxman 289 (Bom)(HC)
S. 50C : Capital gains-Full value of consideration-Stamp valuation-Deeming fiction has no application to the purchaser-Dealy of 350 days-SLP dismissed on account of delay. [S. 45, Art. 136]
PCIT v. Sharan Svadha LLP (2025) 306 Taxman 92 (SC) Editorial: PCIT v. Sharan Svadha LLP (2025) 176 taxmann.com 88 (Delhi)(HC)
S.43B: Deductions on actual payment-VAT-Service tax-Estimation of Profits-Rejection of Books of Account-Income estimated at 8% No Further Disallowance Permissible.[S.144, 145]
Skyscraper Projects (P.) Ltd. v. ACIT (2025) 306 Taxman 169 (Cal.)(HC)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Short deduction of TDS-Fees for professional or technical services- No disallowance under section 40(a)(ia)[S.194C, 194J]
CIT (IT) v. Samsung Heavy Industries Co. Ltd. (2025) 346 CTR 109 / 176 taxmann.com 482 (Uttarakhand)(HC)
S. 37(1) : Business expenditure-Memorandum of Understanding (MoU) with sister concern-Quality difference-Debit note raised-Amount offered as income by sister concern-Order of Tribunal affirmed by High Court-SLP delayed by 392 days-SLP dismissed on account of delay as well as on merits. [Art. 136]
PCIT v. N.K. Industries Ltd. (2025) 306 Taxman 1 (SC) Editorial : PCIT v. N.K. Industries Ltd(2025) 175 taxmann.com 619 (Guj)(HC)
S. 37(1): Business expenditure-Year of deductibility-Settled under Direct Tax Vivad se Vishwas Scheme, 2024-Appeal dismissed as withdrawn. [S. 145 [Art. 136]
Yum! Restaurants (India) (P.) Ltd. v. CIT (2025) 306 Taxman 353 (SC) Editorial : Yum! Restaurants (India) (P.) Ltd. v. CIT (2009) 180 taxman 8(Delhi)(HC)
S. 36(1)(vii) :Bad debt-Deduction is not allowable where the amount written off was never considered as income earlier and when the Assessee is not in the business of moneylending.[S. 36(2), 56, 57(iii)]
Bharti Bhushan Jindal v. PCIT (2025) 306 Taxman 153 (P & H.)(HC)