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. 143(3): Assessment-Pendency of appeal-Writ-Alternative remedy-Suppressing material information of filing of statutory appeal-Pursuing parallel remedies amounted to treating extraordinary remedy as an alternate remedy to appellate remedy-Petition dismissed and cost of Rs. 1 lakh was imposed to be paid to the High Court Employees Medical Welfare Fund at Mumbai. [S. 246A, Art, 226]
Sawai Fragrances v. UOI (2025) 475 ITR 429/ 175 taxmann.com 302 (Bom)(HC)
S. 132 : Search and seizure –Stock in trade-Burden of proving goods constituted stock-in-trade of business, lies on assessee.[S. 131(IA), 132(1)(iii),132(4) Art. 226]
Paras Jewelers v.PCIT (2025) 475 ITR 134 (Chhattisgarh)(HC)
S. 132 : Search and seizure-Satisfaction note-Reasons recorded-Non-compliance with statutory requirements under section 132(1) vitiated search and seizure operations. [S. 132(1), Art. 226]
Balkrushna Gopalrao Buty v. PDIT (Inv) [2024] 164 taxmann.com 1056 / (2025) 475 ITR 323 (Bom)(HC)
S. 127 : Power to transfer cases-Denial of reasonable time to respond to notice-Matter remitted to Principal Commissioner to afford personal hearing to assessee and decide in accordance with law.[Art.226]
Dr. Anita Choudhary (w/o Shri Vijay Prakash Khichar) v. PCIT (2025) 475 ITR 01 (Raj(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Disallowance of expenditure-Existence of international transaction must be established and not inferred-Burden on Revenue to prove existence of international transaction-Amendment introducing deeming fiction in section 92B(2) with effect from 1-4-2015 not applicable to assessment years 2009-2010 and 2012-2013-Orders of assessment set aside. [S. 92B, 92CA, 92D, 92F, 260A]
PCIT v. Beam Global Spirits and Wine (India) Pvt. Ltd. (2025) 475 ITR 664 / 304 Taxman 397 (Delhi)(HC)
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Contractor or developer-Road project-No substantial question of law.[S.80IA(4)]
PCIT v. Montecarlo Ltd [2024] 162 taxmann.com 389 / (2025) 475 ITR 143 (Guj)(HC)
S. 80HHC : Export business-Search and seizure-Block assessment-Genuine export sales-Order of Tribunal allowing the benefit was affirmed. [S. 132, 158BC, 260A.]
PCIT v. Arun Malhotra (2025) 475 ITR 217 (Delhi)(HC)
S. 80DD : Medical treatment of dependent-Disability-Medical treatment of handicapped dependent-Amendment made by Finance Act, 2022 to section 80DD could not be applied retrospectively to policies taken prior to 2014 as it was not in the interest of disabled persons-Court cannot give retrospective operation to insurance contract which is a commercial contract.[S.80DD(2)(a), Finance Act, 2022, S.21, Art. 32, 142]
Ravi Agrawal v. UOI [2024] 168 taxmann.com 320 / (2025) 475 ITR 455 (SC) Editorial refer: Ravi Agrawal v. UOI (2019) 260 Taxman 352 / 410
S. 69C : Unexplained expenditure-Search-Block assessment-Failure to issue cross examination-Order deleting the addition was affirmed.[S.69A, 132(4), 158BC, 260A]
PCIT v. Arun Malhotra (2025) 475 ITR 217 (Delhi)(HC)
S. 68 : Cash credits-Share premium-Notices served on companies returning unserved Inspector reporting companies non-existent-Order of Tribunal affirmed-No question of law. [S. 133(6), 260A]
Sumit Global Pvt. Ltd v. ITO (2025) 475 ITR 62 (Chhattisgarh)(HC)