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(2): Appellate Tribunal-Rectification of mistake apparent from the record-Tribunal held that amended provisions of section 115BBE are prospective in nature and not applicable for assessment year 2017-18-Miscellaneous application filed by revenue for rectification of said order of Tribunal was dismissed. [S. 68 to 69D, 115 BBE]
DCIT v. Sanjaybhai Mansukhbhai Patel. (2025) 213 ITD 470 (Surat) (Trib.)
S. 254(1) : Appellate Tribunal-Powers-Settled under the Direct Tax Vivad Se Vishwas Scheme, 2024, read with sections 91 and 92 of the Finance (No. 2) Act, 2024-Declaration and particulars to be furnished-Pending appeal of assessee filed before Tribunal was allowed to be withdrawn. [Direct Tax Vivad Se Vishwas Scheme, 2024 read with sections 91 and 92 of the Finance (No. 2) Act, 2024, S.91, 92]
LM Wind Power Blades (India) (P.) Ltd. v. DCIT (2025) 213 ITD 408 (Bang) (Trib)
S. 254(1): Appellate Tribunal-Powers-Credit for tax deducted at source-Additional evidence admitted and matter remanded to the file of CIT(A) to decide in accordance with law. [S. 199]
Anil Vasantrao Deshpande. v.NFAC(2025) 213 ITD 450 (Panaji) (Trib.)
S. 254(1): Appellate Tribunal-Powers-Delay of 464 days-Affidavit-Delay was condoned-CIT(A)-Ex-parte order-Not dealing on merits-Matter remanded to the file of CIT(A) to decide on merits.[S.250(6)]
Ananda Kondu Akhade v. ITO (2025) 213 ITD 260 (Pune)(Trib.)
S. 251: Appeal-Commissioner (Appeals)-Powers-Direction to file the rectification application-Matter remanded to the file of CIT (A) for proper adjudication of claim under section DTAA. [S.90, 154, Rule 128, Article 24 of OECD Model Convention, Form 67]
Suresh Krishnamoorthy. v. ITO (2025) 213 ITD 419 (Cochin) (Trib)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Violation of the principle of natural justice-The matter was remanded back to the Commissioner (Appeals) for consideration of the assessee’s plea. [S. 144, 153A]
Bharat Chaturbhuj Vedant. v. DCIT (2025) 213 ITD 556 (Jodhpur) (Trib.)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Ex-parte order by CIT(A)-Reassessment-Land development-Directed to provide one more opportunity of hearing. [S. 45, 147, 148]
Kaushalya Devi. v. ITO (2025) 213 ITD 159 (Kol) (Trib.)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Failure to give a reasonable opportunity of hearing-Matter remanded to the file of CIT (A) for de novo adjudication. [S. 10(23C)(iiiad), 143(1) (a)]
Sai Shikshan Prasarak Mandal. v. ITO (2025) 213 ITD 128 (Pune) (Trib.)
S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Appeal was served on 7-8-2023-Due date for filing of an appeal was 15-9-2023-Appeal was filed on 25-8-2023-CIT(A) was not justified in dismissing the appeal on the ground of delay-Cash credits-Matter was remanded for deciding on merits.[S. 68, 246A, 250]
Madhya Gujarat Vij Co. Ltd. v. DCIT (2025) 213 ITD 168 (Ahd) (Trib.)
S. 234B: Interest-Advance tax-Non-Resident-Deduction at source-Interest not leviable. [S. 195]
DCIT v. Formula one Marketing II Ltd. (2025) 213 ITD 242 (Delhi) (Trib.)