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. 15: : Salaries-Business income-Director-Professional fees-Failure to furnish documentary evidence-Assessable as income from salary-Order of Tribunal affirmed. [S.17, 28(i), 194J, 260A]

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

S. 11: Property held for charitable purposes-Failure to file Form No 10 on due date-Delay of 2154 days-Accumulation of income-Delay was condoned-CIT(E) was directed to grant exemption. [S.11(2), 12A, Form No.9A, Form No.10, Art. 226]

KSB Care Charitable Trust v. CIT (E) (2025) 307 Taxman 277 (Bom.)(HC)

S. 11: Property held for charitable purposes-Delay of 447 days while uploading Form No 10B-Oversight on the part of the chartered accountant-Delay was condoned-CIT(E) was directed to grant the relief. [S. 12A, Form No 10B, Art. 226]

International Resources for Fairer Trade v. UOI (2025) 307 Taxman 271 (Bom.)(HC)

S. 11: Property held for charitable purposes-Delay of 1290 days in uploading to the portal-Oversight on the part of the chartered accountant-Delay was condoned-CIT(E) was directed to grant the relief.[S. 12A, Form No 10B, Art. 226]

International Resources for Fairer Trade v. UOI (2025) 307 Taxman 641 (Bom.)(HC)

S. 11: Property held for charitable purposes-Registration-Matter remanded to the High Court for reconsideration [S. 2(15), 12 Art, 136]

CIT (E) v. Khurja Development Authority (2025) 307 Taxman 382 (SC) Editorial : CIT (E) v. Khurja Development Authority (All)(HC), (ITA No. 550 of 2008 dt 12-1-2015, 154 of 2015 dt. 7-1-2019)

S. 10A: Free trade zone-Liquidation-Matter remanded to avail appropriate legal remedy in accordance with law. [Art. 136]

CIT v. ICSA (India) Ltd. (2025) 307 Taxman 387 (SC)

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Telecom or transmission services-Interconnect service charges paid to a non-resident telecom operator-Not royalty-Not liable to deduct tax at source-SLP of revenue dismissed on account of delay of 256 days as also on merits. [Art. 136]

Dy. CIT (IT) v. Orange (2025) 307 Taxman 616 (SC) Editorial : Dy. CIT (IT) v. Orange (2025) 180 taxmann.com 108 (Karn)(HC).

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Telecom or transmission services-Interconnect service charges paid to a non-resident telecom operator-Not royalty-Not liable to deduct tax at source-SLP of revenue dismissed on account of delay of 240 and 249 days, as also on merits. [Art. 136]

Dy. CIT (IT) v. Orange (2025) 307 Taxman 526 (SC) Editorial : Dy. CIT(IT) v. Orange 78 Rue Olivairer De Serris (France) (2025) 179 taxmann.com 82 (Karn)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Shipping agent-Benefit of Article 8 of DTAA to profits derived from operation of ships in international traffic at Indian ports would be governed by Article 8 and not Article 24-Tribunal could not have been restored to Assessing Officer to give a second inning to Revenue to verify certificate issued way back in 2013-Order of Tribunal set aside-DTAA-India-Singapore. [S. 172(3), 254(1), Art, 8,24, Art. 226]

Atlantic Shipping (P.) Ltd. v. ITO (IT) (2025) 307 Taxman 469(2026) 485 ITR 717 (Guj.)(HC)

S. 69A: Unexplained money – Alleged on-money paid for purchase of flat – Addition based solely on statements of builder Cosmos Group and unverified Excel sheets seized during search – No incriminating material supplied to assessee – No opportunity of cross-examination – Addition deleted. [S. 132(4), 147, 148, 254(1)]

Prakash Bhaguji Katkade v. ITO (Mum.)(Trib.) www.itatonline.org .