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. 199 : Deduction at source-Credit for tax deducted-Sale of agricultural land-Tax was deducted at rate of 1 per cent-No tax was required to be deducted-Entitle to credit for entire TDS appearing in Form 26AS.[S. 194-IA, R. 37BA]
K. Venkatesan (HUF) v. ACIT (2025) 212 ITD 618 (Chennai) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-CPC reduced TDS credit allowable to assessee on ground that gross receipts of assessee reflected in Form 26AS on which credit for TDS was claimed were higher than total of receipts shown under all heads of income in return of income-Matter remanded back to Commissioner (Appeals) to verify facts.[S. 143(3), Form No 26AS]
Jagannath Transport Corporation v. DCIT (2025) 121 ITD 609 (Raipur) (Trib.)
S. 195 :Deduction at source-Non-resident-Other sums-Foreign payments to its parent company in USA-testing charges-Matter is remanded back to Assessing Officer for examination afresh.[S.9(1)(vi), Art. 12]
UL LLC. v. ACIT (IT) (2025) 212 ITD 34 (Bang) (Trib.)
S. 194IA : Deduction at source-Purchase of property-Two sellers-Consideration below Rs. 50 lakhs individually-No TDS liability-Interest deleted [S. 201(1)]
Archanaben Rajendrasingh Deval v. ITO (2025) 212 ITD 414 (Ahd)(Trib.)
S. 164:Representative assessees-Charge of tax-Beneficiaries unknown-Trusts created by Will are not to be subjected to tax at Maximum Marginal Rate (MMR) but are to be taxed at rates applicable to AOPs. [S.143(1)(b), 160, 161(IA), 164(1),167B]
Nathiben Kalidas Patel Family Trust. v. ITO (2025) 212 ITD 539 (Ahd) (Trib.)
S. 164 : Representative assessee-Discretionary trust-Maximum marginal rate-Surcharge to be computed with reference to slab rates under Finance Act. [S. 2(29C), 111A, 112A, 167B, Finance Act, 2023]
Araadhya Jain Trust v. ITO (2025) 212 ITD 1 (SB)(Mum)(Trib.)
S. 151 : Reassessment-Sanction for issue of notice-Beyond three years-Approval by Principal Commissioner invalid-Reassessment quashed [Ss. 147, 148, 148A(b), 151(i), 151(ii)]
DCIT v. SS Jewellery (2025) 212 ITD 432 (Mum)(Trib.)
S. 147 : Reassessment-Vehicle hiring charges-Specific query was raised in the assessment proceedings-Reassessment is quashed. [S. 11, 13(1)(c), 13(3)(cc), 143(3)]
Saraswati Mukund Education Society. v. ITO (2025) 212 ITD 142 (Mum) (Trib.)
S. 147: Reassessment-Industrial undertakings-Lower deduction in original return-Higher deduction in response to notice u/s 148-Deduction cannot be denied. [S.80IA, 148]
Bharat Mithalal Jain. v. ITO (2025) 212 ITD 232 (Mum) (Trib.)
S. 147 : Reassessment-Information from DIT (Inv)-Beneficiary of accommodation entries-Long term capital gains-Sale of shares-Vague reasons recorded-Borrowed satisfaction-Sanction-Mechanical approval-Reassessment was quashed. [S.69A, 143)(1), 148, 151]
Anju Daruka v. ITO (2025) 212 ITD 326 (Kol) (Trib.)