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
Click here to download the pdf versions of the Digest of case laws

S. 139: Return of income-Delay in filing of return-Tax deducted at source-Land Acquisition Act-The Commissioner was directed to condone the delay and allow the assessee to file the return. [S. 119 (2)(b), 194LA, Form 26AS, Art. 226]

Navinbhai Bhagubhai Patel v. UOI (2025) 307 Taxman 438 (Guj.)(HC)

S. 139: Return of income-Due date for filing tax audit report-CBDT was directed to issue a circular extending the return filing due date to 30-11-2025, for Assessment year 2025-26 [S. 44AB, 119 Art. 226]

Ashwini Kumar v. CBDT (2025) 307 Taxman 623 (P& H(HC)

S. 119: Central Board of Direct Taxes-Circular-Form No 10BB-Delay of 81 days-Chartered Accountant failed to prompt or instruct authorized person from the assessee institute to verify the audit report on the e-filing portal before the due date of filing of return-Delay was condoned. [S.10(23C)(vi), 11, 119(2)(b), 143(1), Form No 10BB, Art. 226]

Institute of Actuaries of India v. CIT (E) (2025) 307 Taxman 256 (Bom.)(HC)

S. 92C: Transfer pricing-Arm’s length price-Cannot be treated as a wholesale trader-Tolerance limit of ±3 per cent is applicable.[S. 260A]

PCIT v. Toyota Tsusho India (P.) Ltd. (2025) 307 Taxman 135 (Karn.)(HC)

S. 92C: Transfer pricing-Arm’s length price-Advance Pricing Agreement (APA)-Cost plus pricing methodology-Advance Pricing Agreement would be persuasive value.[S.92CC]

PCIT v. FIS Global Business Solutions India (P.) Ltd. (2025) 307 Taxman 309 (Delhi)(HC)

S. 92C: Transfer pricing-Arm’s length price-Order of the Tribunal deleting the adjustment is affirmed. [S. 260A]

Pr. CIT v. Casio India Company (P.) Ltd. (2025) 307 Taxman 122 (Delhi)(HC)

S. 90 : Double taxation relief-elimination of double taxation-Review petition dismissed against order of the Supreme Court that a notification under section 90(1) is a mandatory condition to give effect to a DTAA, or any protocol changing its terms or conditions, which has the effect of altering existing provisions of law-DTAA-India-France-curative petition dismissed. [ITATR. 128, Art. 10, 13]

Nestle Sa v. Assessing Officer (IT), New Delhi (2025) 307 Taxman 167 (SC) Editorial: Nestle SA v. AO (IT) (2024) 300 Taxman 361/ 341 CTR 320/ 243 DTR 88 (SC)

S. 69A: Unexplained money-Investment at end of year-Deletion of addition by the Tribunal is affirmed by the High Court. [S. 260A]

PCIT v. Improve Financial Consultants (P.) Ltd. (2025) 307 Taxman 260 (Cal.)(HC)

S. 68: Cash credits-Sale of shares-Short-term capital loss-Order of Tribunal affirmed. [S. 260A]

PCIT v. Hamlet (2025) 307 Taxman 248 (Karn.)(HC)

S. 37(1) : Business expenditure-Company-Advance-Interest-Failure to prove nexus-Order of Tribunal affirming the disallowance is affirmed. [S. 15, 260A]

Mukesh Gupta v. Dy. CIT (2025) 307 Taxman 632 (Karn.)(HC)