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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Code of Criminal Procedure, 1973
S. 439: Bail – Allegation of foreign nationality – Forged Indian identity documents – Aadhaar Card , PAN, Voter ID, Passport and Ghumasta Licence – Alleged Civil contractor – Suspected Bangladeshi origin – National security – Bail denied. [Bharatiya Nyaya Sanhita, 2023, S.3(5, ) 193(8), 335, 336(3), 340 , Passport (Entry into India) Act, 1950, S. 3(a), 6(a); Foreigners Order, 1948, S. 3(1), 3(2), 14; Citizenship Act, 1955; Foreigners Act, 1946, S. 9, Art. 5 to 11 ]

Babu Abdul Ruf Sardar v. State of Maharashtra (Bom)(HC)(UR)

S. 56 : Income from other sources – Share premium – Valuation under DCF method – AO cannot substitute or reject valuation done by a prescribed valuer without authority – Projection variations with actuals cannot be a ground to disregard valuation – Deletion of addition justified. [S. 56(2)(viib), 11UA(2)(b) ]

Max Hospitals and Allied Services Ltd. v. DCIT, (Mum)(Trib)www.itatonline.org

S. 32 : Depreciation – Intangible asset – Non-refundable deposit for rights to operate and manage hospital – Eligible for depreciation – Depreciation allowed in earlier years cannot be denied in subsequent years.[ S. 32(1)((ii) ]

Max Hospitals and Allied Services Ltd. v. DCIT, (Mum)(Trib) www.itatonline.org

S. 245R: Advance rulings – Non-resident – Entitlement to benefits under DTAA – Transfer of shares – Capital gains – Transfer of shares in a foreign company by one non-resident to another – Treaty shopping – Lifting the corporate veil – Department must establish treaty abuse – Share transaction grandfathered under Article 13(3A) – Order of AAR holding transaction as tax avoidance arbitrary and illegal – Assessee entitled to DTAA benefit – SLP filed by Revenue – Operation of order stayed – DTAA – India–Mauritius [S. 45, 90, 119, 245R(2), Arts. 13(3), 13(3A), 27A]

AAR v. Tiger Global International II Holdings (2025) 303 Taxman 252 (SC) Editorial: Tiger Global International II Holdings v. AAR (2024) 165 taxmann.com 405 / 468 ITR 405 / 341 CTR 713 (Delhi)(HC) – operation of the order stayed.

S. 197: Deduction at source – Certificate for lower rate – Income deemed to accrue or arise in India – Business connection – Business profits – Assessing Officer required to take assessee’s expenses into account in determining rate of withholding tax – Matter remanded – OECD Model Convention – Art. 7 [S. 9(1)(i), Art. 226]

Travelport International Operations Ltd. v. DCIT (2025) 303 Taxman 150 (Delhi)(HC)

S. 147: Reassessment – Survey – Income deemed to accrue or arise in India – Business connection – Permanent Establishment – Fixed place PE – Foreign company – Recorded reasons for belief that income had escaped assessment did not refer to facts specific to the relevant assessment years – Reassessment notice and order disposing of objections quashed – DTAA – India–Finland [S. 9(1)(i), 133A(2A), 143(3), 148, Art. 226]

Grid Solutions Oy (Ltd.) v. ACIT (IT) (2025) 303 Taxman 288 (Delhi)(HC)

S. 90: Double taxation relief – SLP dismissed against High Court order holding that a notification under section 90(1) is mandatory to give effect to a DTAA, or any protocol altering its terms, which would have the effect of changing existing provisions of law – OECD Model Convention – Art. 24 [Art. 136]

Societe de Participations Financiers v. ACIT (2025) 303 Taxman 586 / 474 ITR 199 (SC) Editorial: Societe de Participations Financiers v. ACIT (2024) 297 Taxman 75 (Delhi)(HC)

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Permanent Establishment – Service PE – Seconded employees in India – Objective of facilitating activities of Indian subsidiary – Employees would not meet qualifying benchmarks of a PE – Order of Tribunal deleting the addition affirmed – DTAA – India–South Korea [S. 260A, Art. 5]

PCIT (IT) v. Samsung Electronics Co. Ltd. (2025) 303 Taxman 212 (Delhi)(HC)

S.151A : Faceless assessment of income escaping assessment – Reassessment issued by Jurisdictional AO instead of FAO – Order is held to be valid on the presumption that the operation of Jurisdictional High Court in Hexaware Technologies Ltd. v. ACIT( 2024) 464 ITR 430 ( Bom)( HC) is stayed by the Honourable Supreme Court . [ S. 148 , 151 ,Art. 136 ]

J. Kumar Infraprojects Ltd. v. DCIT ( Mum)( Trib ) www.itatonline.org . Editorial : The Tribunal erroneously observed that the Judgement of the Jurisdictional High Court in Hexaware Technologies Ltd. v. ACIT( 2024)162 taxmann.com 225/ 464 ITR 430 ( Bom)( HC) is stayed by the Honourable Supreme Court . Refer , Dada Pharma LLP v. Dy.CIT ( Mad)( HC) www.itatonline .org , Gaishen Enterprise LLP v. ACIT ( Bom)( HC ) www.itatonline .org . Chennai ITAT issues Circular requesting the Bar and Departmental Representatives to identify appeals covered by Madras HC ruling in TVS credit Services Ltd v. DCIT , following Bombay High Court Judgement in Haxaware for consolidating hearing , www.itatonline .org .

S. 151 : Reassessment – Sanction for issue of notice –Shall be signed -Validity of reassessment – As per the CBDT Notification dated 31.03.2021, reassessment proceedings initiated prior to 01.04.2021 were to be governed under the old regime, and all functions were to be performed by the Jurisdictional AO- Sanction and jurisdiction is bad – Order of reassessment is quashed Unsigned sanction – Order is quashed and set aside . [ S. 120, 147, 148 ,149, 282A(1) R.127A(1) ]

J. Kumar Infraprojects Ltd. v. DCIT ( Mum)( Trib) www.itatonline .org .