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. 199: Deduction at source-Credit for tax deducted-Sale of property-Received part consideration in a later year-Income was offered in earlier year-Deduction of TDS at time of part settlement was to be allowed to assessee. [S. 143(1), R. 37BA]
Yogesh Gandhi. v. ACIT(2025) 215 ITD 662 (Delhi) (Trib.)
S. 199: Deduction at source-Credit for tax deducted-Takeover of business-Income had been taxed in the hands of assessee-company and partnership firm had not claimed credit, assessee was entitled to credit of tax deducted at source. [S.143(1), Rule 37BA]
Upasani Super Speciality Hospital (P.) Ltd. v. ITO (2025) 215 ITD 231 (Mum) (Trib.)
S. 199: Deduction at source-Credit for tax deducted-Failure to deposit tax deducted at source by employer-No TDS credit in Form 26AS-TDS credit based on salary slips, assessee could not be denied TDS credit merely due to employer’s fault.[S. 205, Form 26AS]
Antaash Sheikh. (Mrs) v. ITO (2025) 215 ITD 114 (Bang) (Trib.)
S.194IC: Deduction at source-Payment under specified agreement-Joint development agreement-Exchange for constructed area and monetary consideration-Payments constituted those under a specified agreement as per section 45(5A)-Attracted TDS at 10 per cent under section 194IC-Treated as assessee in default-Short deduction of tax deduction at source-Payee offered the income and paid tax-Matter was to be remitted to Assessing Officer to verify if payee offered income to tax, and if so, assessee should not be treated as assessee in default. [S. 45(5A), 201, 201(IA), Form No 26A]
Sugee Seven Developers LLP. v. ITO, TDS. (2025) 215 ITD 296 (Mum) (Trib.)
S. 151 : Reassessment-Sanction for issue of notice-Order passed by ignoring the revised return filed by assessee-No satisfaction recorded by Pr. CIT before granting approval-Reassessment order was quashed and set aside. [S. 147, 148]
Pradeep Kumar Banerjee v. CIT (A) (Kol.)(Trib) (UR)
S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC-Assessee was to be directed to file Form No. 10IC within one month from the date of receipt of this order.[Form No 10IC]
Sanjana Clothings (P.) Ltd. v. AID, CPC (2025) 215 ITD 256 (Indore) (Trib.)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained cash-Demonetisation-Recorded reason for reopening under section 148A(d) was found incorrect-Addition made on the basis of recorded reasons was deleted by CIT(A)-No further additions beyond the original reason could be sustained-All additions made without jurisdiction were deleted.[S.69A, 147, 148, 148A(b), 148A(d)]
Ashok Kumar. v. Assessment Unit (2025) 215 ITD 70 (Dehradun) (Trib.)
S. 147: Reassessment-Legal representatives-Information from Investigation Wing-Assessment orders were framed in the name of deceased assessee-Reopening notice and assessment orders were quashed and set aside. [S. 148, 159]
Lalita Agarwal v. ACIT (2025) 215 ITD 499 (Delhi) (Trib.)
S. 147: Reassessment-Change of opinion-Interest-free advances-No fresh information-Reassessment was quashed-Notional Interest-Order of CIT(A) deleting the notional interest was affirmed. [S. 4, 28(i),37(1), 143(3), 148]
ACIT 3 (2) (1) v. Solapur Yedeshi Tollway Ltd. (2025) 215 ITD 395 (Mum) (Trib.)
S. 145: Method of accounting-Estimation of income-Income recognition-Toll contractor awarded with a 15-year toll collection and maintenance contract-Only net consideration as income instead of gross receipts and expenses-Assessing Officer was not right in taxing gross income and ignoring estimated maintenance costs.[S. 4, 5]
Maharashtra State Road Development Corporation Ltd. v. ITO (2025) 215 ITD 532 (Mum) (Trib.)