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. 254(1): Appellate Tribunal-Powers-Stay of proceedings-Tribunal has jurisdiction to stay the operation of an order appealed against even where no tax demand has arisen. [S. 12AB(4)(ii), Art. 226]

J&K Yateem Foundation v. ITAT (2026) 348 CTR 408 / 182 taxmann.com 199 (J&K & Ladakh)(HC)

S. 254(1) : Appellate Tribunal-Powers-Commissioner-Revision of orders prejudicial to revenue-Tribunal cannot sustain revision on a ground not forming the basis of the Commissioner’s order. [S. 11, 263]

Save A Family Plan (India) v. DCIT (E) (2026) 348 CTR 99 (Ker.)(HC)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Jurisdiction-Orders passed by CIT(A) after transfer of jurisdiction are without authority and invalid. [S.120, 246A, 260A)

G. Lalanatha Reddy v. ACIT [2025] 179 taxmann.com 631 / (2026) 348 CTR 329 (Karn.)(HC)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Deduction of tax at source-Writ-Alternate remedy-Assessee to be relegated to the statutory remedy of appeal before the Tribunal-Writ petition against the order of Commissioner (Appeals) was dismissed-Direction that appeals filed within four weeks should be entertained on merits without raising the issue of limitation. [S. 194B, 249, 254(1), Art. 226)

Play Games 24×7 (P.) Ltd. v. CIT (Appeals) (2026) 348 CTR 103 (Bom.)(HC)

S. 237 : Refunds-Delay in granting refund-Department directed to pay refund with applicable interest where refund remained unpaid for eight years despite Court order-Directed to pay by 15th February 2026-Strictures-Failure refund the Dy/CIT was directed to pay the costs of Rs. 1,00,000 to the assessee which cost shall be paid by him personally i.e. from his own pocket. [S. 244A, 244A(1A), Art. 226]

Microsoft Corporation India (P.) Ltd. v. DCIT (2026) 348 CTR 730 (Delhi)(HC)

S. 237: Refunds-Condonation of delay-Genuine hardship-Refund of TDS cannot be denied where deduction and deposit of tax are undisputed. [S. 119(2)(b), Form No. 26AS, Art. 226]

Khurana Construction v. CCIT (2026) 348 CTR 590 (Raj.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Assessee in default-Assessee cannot be treated as an assessee in default for non-deduction of tax where payment was made without deduction pursuant to an interim order of the Court. [S. 192, 201(IA)]

State Bank of India v. CIT (2026) 348 CTR 217 (Ker.)(HC)

S. 153A: Assessment-Search-Long-term capital gains-exemption-In case of unabated assessment, no addition can be made in the absence of incriminating material found during search. [S.10(38), 68, 132, 260A]

PCIT v. Raj Kumar Golecha (2026) 348 CTR 465 (Raj.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Multiple presentation for proposal for initiation of reassessment proceedings-Proposal for reopening rejected under section 151 cannot be repeatedly represented for reconsideration and approval. (S. 147, 148, 260A)

PCIT v. Rajan Rajesh Kumar [2025] 181 taxmann.com 750 / (2026) 348 CTR 241 (Uttarakhand)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash deposits in bank-Notice is valid where information and material disclose unexplained cash deposits and possible escapement of income. [S. 68, 147, 148, 148A(b), 148A(d), Art. 226]

Lakshman Prasad Agarwal v. UOI [2025] 180 taxmann.com 272 / (2026) 348 CTR 347 (Cal.)(HC)