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. 147: Reassessment-After the expiry of four years-Cash credits-Cash deposited in to bank-AIR information-Non application of mind by the Assessing Officer-Reasons recorded by Assessing Officer for reopening assessment were based on factual errors, reopening notice was void ab initio. Reassessment order is quashed. [S. 68, 143(3), 148]

Sukhvir Singh. v. ITO (2024) 208 ITD 97 (Amritsar) (Trib.)

S. 145 : Method of accounting-Whole sale food items-Estimation of net profit-Matter is remanded back to Assessing Officer to adjudicate afresh.

Ashok Anand Shetty v. ITO (2024) 208 ITD 714 (Mum) (Trib.)

S. 143(1) : Assessment-Intimation-Prima facie adjustment-Excise duty-Adjustment made by Assessing Officer under section 143(1) by including excise duty in turnover is not sustainable.[S.143(1)(a), 145A]

Kluber Lubrication India (P.) Ltd. v. DCIT (2024) 208 ITD 470/231 TTJ 329/ 241 DTR 113 (Bang) (Trib.)

S. 115-O : Domestic companies-Tax on distributed profits-Income-Deemed to accrue or arise in India-Dividend-DTAA does not get triggered when a domestic company pays DDT under section 115-O-Order of the AO rejecting the claim of refund of excess DDT is affirmed.-DTAA-India-Italy [S.9(1)(iv), Art. 11]

Piaggio Vehicles (P.) Ltd. v. ACIT (2024) 208 ITD 299 (Pune) (Trib.)

S. 115BAC : Tax on income of individuals and Hindu Undivided Family-Old scheme-New tax scheme and filed form 10-IE while filing revised return, requirement of filing Form 10-IE was directory in nature and not mandatory and it was sufficient compliance if said form was before Assessing Officer at time of assessment.[S.139(1), 143(1) R. 21AG(1), Form No 10-IE]

Harbans Singh v. AO, CPC (2024) 208 ITD 151 /2025) 233 TTJ 486 (Amritsar) (Trib.)

S. 80G : Donation-Rejection of application-Pendency of fresh application-Appeal is dismissed as infructuous. [S.80G(5)(viii), Form No 10AB]

Gedee Medical Foundation. v. CIT (2024) 208 ITD 344 (Chennai) (Trib.)

S. 90 :Double taxation relief-Investment fund-Capital gains-Shares, units, transfer of-Conduit entity without any economic substance-Not justified in denying benefits under article 13 on long term capital gains-DTAA-India-Mauritius [S.9(1)(i)), 90(2) Art. 13(4)]

India Property (Mauritius) Co v. ACIT (2024) 114 ITR 1 / 208 ITD 129 (Delhi) (Trib.)

S. 80IC : Special category States-Partnership firm to company-Change in status of company in terms of its composition does not brings into action provisions of section 80IC(4)(ii)-Entitle to deduction. [S 80IC(2)(a)(ii), 80IC(4)(ii)]

Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)

S. 80G : Donation-Provisional approval-Commencement of activities in 2002-Entitle for final approval and there is no bar for making fresh application.[S.80G(5)(iv)]

North Eastern Social Research Centre. v. CIT (2024) 208 ITD 664 (Kol) (Trib.)

S. 80G : Donation-Within six months of commencement of its activities used in clause (iii) of first proviso to section 80G(5) would apply to those trusts which had not started charitable activities at time of obtaining provisional registration and not for those trusts which had already started charitable activities before obtaining provisional registration-Matter remanded for de novo adjudication. [S.80G(5), Form No.10AB.]

Rajasthan Export Promotion Council. v. CIT (2024) 208 ITD 497 (Jaipur) (Trib.)