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. 69B : Amounts of investments not fully disclosed in books of account -Survey-Shortage of closing stock of finished goods and raw material-Sales outside books of account- The contention of the assessee that only GP should be added was rejected-On writ High Court affirmed the order of the Commissioner. [S. 264, Art. 226]
Chhattisgarh Steel Castings (P.) Ltd. v. CIT (2025) 304 Taxman 447 (Chhattisgarh)(HC)
S. 68 : Cash credits-Sale of shares-Information received from investigation wing- Sold through recognised stock exchange-Paid Security transaction- Delay of 292 days-SLP dismissed-Delay was not satisfactorily explained. [S. 10(38), 45, Art. 136]
PCIT v. Divyaben Prafulchandra Parmar (2025) 304 Taxman 512 (SC) Editorial : PCIT v. Divyaben Prafulchandra Parmar(2024) 169 taxmann.com 473 (Guj)(HC)
S. 56 : Income from other sources -Share premium- DCF method-Order of Tribunal deleting the addition is affirmed. [S. 56(2)(viib), R 11UA(2), 260A]
PCIT, Central v. Waterline Hotels (P.) Ltd. (2025) 304 Taxman 487 (Karn)(HC)
S. 48 : Capital gains-Computation-Purchase and sale of shares-Sham transactions-Set off of short term loss against short term capital gains-Order of Tribunal disallowing the loss is affirmed.[S. 45, 260A]
Trends Pharma v. ITO (2025) 304 Taxman 150 (Bom.)(HC)
S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Tribunal was justified in holding that expenses claimed by assessee were not excessive and disallowance of assessee’s claim was unsustainable-SLP of revenue dismissed-DTAA -India -Italy. [S. 9(1)(i), Art. 7, Art. 136]
CIT v. Technip Energies Italy S.P.A (2025) 482 ITR 153 / 304 Taxman 346 (SC) Editorial : CIT v. Technip Energies Italy S.P.A (2025) 172 taxmann.com 433/482 ITR 149 (Delhi)(HC)
S. 37(1) : Business expenditure -Securities held as stock in trade -Broken period interest-SLP of revenue dismissed.[Art. 136]
CIT v. HDFC Bank Ltd. (2025) 304 Taxman 606 (SC) Editorial: PCIT v. HDFC Bank Ltd(2025) 173 taxmann.com 579 (Bom)(HC)
S. 14A : Disallowance of expenditure-Exempt income-where no exempt income is received or receivable during relevant previous year-SLP of revenue dismissed on account of failure to explain 597 days of delay. [Art. 136]
PCIT v. Amadeus India (P.) Ltd. (2025) 304 Taxman 276 (SC) Editorial : PCIT v. Amadeus India (P.) Ltd(2022) 145 taxmann.com 311 (Delhi)(HC)
S. 12AA : Procedure for registration -Trust or institution- While deciding application for registration the Commissioner cannot comment on genuineness of activities of trsut-Required to restrict to object of trust-SLP of revenue dismissed.[S.12A, Art. 136]
CIT (E) v. International Health Care Education and Research Institute (2025) 304 Taxman 265 / 482 ITR 287 (SC) Editorial : CIT (E) v. International Health Care Education and Research Institute (2025) 171 tamannn.com 578(Raj)(HC)
S. 11 : Property held for charitable purposes-Dominant object was not only preservation of environment, but also one of general public utility- liquid and solid industrial waste generated by polluting industries in Common Effluent Treatment Plant and Total Suspended Disposal Facility and did anciliary activities for purpose of curbing pollution- Entitled to exemption-Monetary limits- SLP dismissed due to low tax effects. [S. 2(15), 268A, Art, 136]
CIT (E) v. Naroda Enviro Projects Ltd. (2025) 304 Taxman 186 (SC) Editorial : CIT (E) v. Naroda Enviro Projects Ltd (2019)419 ITR 482 / (2020) 118 taxmann.com 378 (Guj)(HC)