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. 153D: Assessment-Search-Approval-Manual of Office Procedure issued by the CBDT in February 2023 was not followed-Separate approval for each assessment year was not obtained-Approval granted is mechanical in manner and without application of mind by the approving authority-Order was quashed.[S. 119, 153C]

Dheeraj Chaudhary v. ACIT (2025) 237 TTJ 633/ 127 ITR 482/ 178 taxmann.com 360 (TM) (Delhi)(Trib)

S. 153C: Assessment-Income of any other person-Search-Recording of satisfaction-The AO has recorded the satisfaction not as per the statutory convention-The entire assessment is vitiated and bad in law-Addition made on presumption was deleted. [S. 132]

Pushpanjali Construction (P) Ltd. v. DCIT (2025) 237 TTJ 993 (Delhi)(Trib)

S. 153C : Assessment-Income of any other person-Search-Seized documents-Subsequent exchange agreement-Addition was deleted. [S. 68, 69]

ACIT v. Suresh Productions (2025) 237 TTJ 486 (Hyd)(Trib)

S. 153C: Assessment-Income of any other person-Search-Satisfaction note-Required to be recorded for each assessment year-Consolidated satisfaction note recorded for different assessment years-Bad in law-Approval-Mechanical manner-Order quashed. [S. 153D]

Chitra Narendra Parmar & ORS. v. ACIT(2025) 237 TTJ 63 (Pune)(Trib)

S. 153C: Assessment-Income of any other person-Search-Undisclosed income-Noting loose sheet-Seized from third party-Addition was deleted. [S. 132(4) 292C, Indian Evidence Act, S. 114]

ACIT v. Kasthoori Raja Dhanush (2025) 237 TTJ 23 (Chennai)(Trib)

S. 153A: Assessment-Search-Undisclosed income-Manufacturing facility of the assessee does not make it feasible for packaging of the products in small packets-First appellate authority has rightly appreciated the veracity of the evidence furnished by the assessee after verification-Input-output ratio-Order of CIT(A) was affirmed.[S. 132]

DCIT v. Everest Food Product (P) Ltd. (2025) 237 TTJ 913 (Mum)(Trib)

S. 153A: Assessment-Search-Undisclosed income-The assessee received software services, and the consideration paid for such services cannot be disallowed. [S. 37]

Karunya Educational & Research Trust v. DCIT (2025) 237 TTJ 163 / 176 taxmann.com 404 (Chennai)(Trib)

S. 147: Reassessment-Search-Incriminating documents-Notice issued on the basis of documents seized from a third party not pertaining to the assessee-Reassessment was quashed. [S. 69, 148, 153C]

Atul Vijay Madan v. DCIT(2025) 237 TTJ 220 (Pune)(Trib)

S. 144C: Reference to dispute resolution panel-Direction of DRP-Final assessment order not in conformity with the directions of DRP-The assessment order is quashed-Non-service of order is not invalid.[S.80IA, 144C (13)]

Laxmi Organic Industries Ltd. v. DCIT (2025) 237 TTJ 268 / 177 taxmann.com 118 (Mum) Trib)

S. 143(3): Assessment-Non-existing entity-Intimated the AO of the merger-Prior to the insertion of S. 170A w.e.f. 1st April, 2022, there was no provision enabling the filing of a modified return-The order passed by the AO is void ab initio. [S.170A]

Kumar Urban Development (P) Ltd. v. DCIT (2025) 237 TTJ 881 (Pune) (Trib)