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
Click here to download the pdf versions of the Digest of case laws
S. 80DD : Medical treatment of dependent-Disability-Medical treatment of handicapped dependent-Amendment made by Finance Act, 2022 to section 80DD could not be applied retrospectively to policies taken prior to 2014 as it was not in the interest of disabled persons-Court cannot give retrospective operation to insurance contract which is a commercial contract.[S.80DD(2)(a), Finance Act, 2022, S.21, Art. 32, 142]
Ravi Agrawal v. UOI [2024] 168 taxmann.com 320 / (2025) 475 ITR 455 (SC) Editorial refer: Ravi Agrawal v. UOI (2019) 260 Taxman 352 / 410
S. 69C : Unexplained expenditure-Search-Block assessment-Failure to issue cross examination-Order deleting the addition was affirmed.[S.69A, 132(4), 158BC, 260A]
PCIT v. Arun Malhotra (2025) 475 ITR 217 (Delhi)(HC)
S. 68 : Cash credits-Share premium-Notices served on companies returning unserved Inspector reporting companies non-existent-Order of Tribunal affirmed-No question of law. [S. 133(6), 260A]
Sumit Global Pvt. Ltd v. ITO (2025) 475 ITR 62 (Chhattisgarh)(HC)
S. 68: Cash credits-Not explained the source-Order of High Court affirming the addition was affirmed-SLP of assessee dismissed on the ground of delay of 388 days and on merits. [Art. 136]
Mayor Foundation v. CIT (2025) 475 ITR 150 / 304 Taxman 660 (SC) Editorial : Mayor Foundation v. CIT (2024) 469 ITR 562 (P& H)(HC)
S. 56 : Income from other sources-Amendment with effect from 1-4-2010-Interest on enhanced compensation and compulsory acquisition of agricultural land assessable as income from other sources in assessment year 2016-2017-Order of Tribunal set aside. [S. 56(2)(viii), 145B, 260A, Land Acquisition Act, 1894, S. 28]
PCIT v. Inderjit Singh Sodhi (HUF) [2024] 161 taxmann.com 301 / (2025) 475 ITR 294 (Delhi)(HC)
S. 45 : Capital gains-Exemption-Entry provider-Survey-Unexplained money-Principle of natural justice-No opportunity of cross examination was given-Order of Tribunal deleting the addition is affirmed. [S. 10(38), 68, 69, 133A, 260A]
PCIT v. Kishore Kumar Mohapatra [2024] 162 taxmann.com 4 / (2025) 475 ITR 195 (Orissa)(HC) Editorial: SLP of revenue, dismissed, PCIT v. Kishore Kumar Mohapatra [2024] 298 Taxman 648 / (2025) 475 ITR 198 (SC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Disallowance-Payments liable to deduction of tax at source-Amount offered to tax by payee and tax thereon paid-AO taking one plausible view-Order not erroneous or prejudicial to Revenue-Principal Commissioner cannot invoke revisional power-Not in default. [S. 40(a)(ia), 201(1), 260A]
PCIT v. Airlink Communications Pvt. Ltd. (2025) 475 ITR 658 (Guj)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Explanation called for and offered by assessee during scrutiny assessment-Order of Assessing Officer neither erroneous nor prejudicial to Revenue and need not be revised. [S.45, 54, 54EC, 143(3), 260A]
CIT v. Y. Jagan Mohan [2024] 168 taxmann.com 332 / (2025) 475 ITR 432 (Mad)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-No reference in the assessment order-Revision order was quashed and set aside. [S. 32, 260A]
V.G. Panneerdas & Co. v. ACIT (2025) 475 ITR 128 (Mad)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Audit objection-Commercial expediency-Pre closure premium paid to bank-Allowable as revenue expenditure-Tribunal was not justified in affirming the revision order. [S. 37(1), 260A]
EIH Associated Hotels Ltd. v. CIT [2024] 168 taxmann.com 592 / (2025) 475 ITR 3 (Mad)(HC)