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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Prohibition of Benami Property Transactions Act, 1988
S.2(9) : Benami transaction-Availability of alternative remedy-Writ-Statutory appeal-Supreme Court-Observations of Division Bench on merits not to be treated as findings on merits. [S. 26(3), 46, Art. 136, Art. 226]

Advance Infradevelopers Pvt. Ltd. v. Adjudicating Authority, (2025) 474 ITR 512 (SC) Editorial: The Division Bench’s decision in Adjudicating Authority v. Anuttam Academic Institutions (2022) 442 ITR 509 (Mad) is reversed.

Prevention of Money Laundering Act, 2002.
S. 5 : Prevention of Money Laundering Act, 2002-Attachment of property-Rights of secured creditor-Pending decision on validity of provisional attachment, interim arrangement was necessary to avoid wastage or encroachment. Sale proceeds were safeguarded with Court. [S.8]

Aditya Birla Finance Ltd. v. Directorate of Enforcement, Govt. of India [2023] 148 taxmann.com 399 (Bom)(HC)

Insolvency and Bankruptcy Code, 2016
S. 14 : Corporate Insolvency Resolution Process-Moratorium-Jurisdiction of NCLT-NCLT cannot exercise jurisdiction over every issue concerning corporate debtor simply because corporate debtor is in insolvency, it is only those issues which arise solely out of insolvency of corporate debtor that can be adjudicated upon by NCLT under section 60(5)(c) [S. 60(5), Code of Civil Procedure, 1908, S.60]

Reliance Communication Ltd. v. Rajendra P. Bansal [2023] 146 taxmann.com 156 / 177 SCL 68 / 237 Comp Case 30 (Bom)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Delay was due to crisis in company-No mala fide intention of evasion on part-Prosecution after a lapse of more than three years quashed. [S.133A]

SVSVS Projects Pvt. Ltd v. State of Telangana and Another(2025) 474 ITR 306 /172 taxmann.com 14 (Telangana) (HC) Editorial : SLP of revenue dismissed, ITO v. SVSVS Projects (P.) Ltd (2025) 304 Taxman 271 / 474 ITR 312 (SC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Delay was due to crisis in company-No mala fide intention-Prosecution after a lapse of more than three years High Court quashing-Delay of 239 days-SLP dismissed on Supreme Court Special leave petition dismissed on ground of delay. [Art. 136]

ITO v. SVSVS Projects Pvt. Ltd. and others (2025) 474 ITR 312 /304 Taxman 271 (SC) Editorial : SVSVS Projects Pvt. Ltd. and Others v State of Telangana and Another(2025) 474 ITR 306 /172 taxmann.com 14 (Telangana) (HC)

S.271D: Penalty-Takes or accepts any loan or deposit-Share application money-Not a loan or deposit-Penalty under section 271D/271E deleted..[S. 269SS, 269T, 271E]

CIT v. Vamshi Chemicals Ltd [2024] 162 taxmann.com 906 / (2025) 474 ITR 422 (Cal)(HC)

S. 271C : Penalty-Failure to deduct TDS-Reasonable cause-Reliance on professional/legal opinions-Penalty deleted.[S. 201(1), 201(1A), 260A, 273B]

CIT v. Jindal Tractebel Power Co. Ltd., (2025) 474 ITR 477 (Karn) (HC)

S. 271B : Penalty-Failure to get accounts audited-Delay explained by searches/seizures-Quality of cause shown more important than length of delay. [S. 44AB, 132.]

Orkay Enterprises v. Dy. CIT, (2025) 474 ITR 503 (Bom) (HC)

S. 271(1)(c) : Penalty-Concealment-Defective notice-Not specifying the charge-Concealment of income-Inaccurate particulars of income-Non-application of mind-Order of Tribunal quashing the penalty was affirmed.[S. 260A, 274]

PCIT v. Jehangir H. C. Jehangir [2023] 155 taxmann.com 209 (Bom)(HC)

S. 264: Commissioner-Revision of other orders-Long term capital gains-Objections of the assessee was not considered-Order was quashed and set aside-Matter remanded. [S. 45, 48, Art. 226]

Mettupalayam Ramamoorthi Rathindran v. PCIT (2025) 474 ITR 120 (Mad)(HC)