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. 44BB : Mineral oils-Computation-Presumptive tax-Gross receipts-Circular No. 1 of 2014, dt. 13-1-2014(2014) 360 ITR 53 (St) Circular No. 4 of 2008, dt. 28-4-2008 (2008) 300 ITR 92 (St)
Servicos De Petroleo Constellation SA v.Dy. CIT (IT) (2024) 115 ITR 64 (SN)(Mum) (Trib)
S. 44AD : Presumptive basis-Unexplained money-Cash deposits Demonetisation-Cash deposits to be treated as part of gross turnover-Assessing Officer is directed to take only 8 Per Cent. of alleged gross turnover-Addition under section 69A is deleted-When the income is determined on estimate basis, bank transactions could not be segregated merely because deposits were made during the demonetisation period. [S.69A, 147, 148]
Shyam Kumar Gara v. ITO (2024) 115 ITR 13 (SN)(Kol)(Patna) (Trib)
S. 44AD : Presumptive basis-Transportation of goods-Difference in Form No 26AS and return of income-Net profit rate of 8. 24 Per Cent declared in return is directed to be accepted. [S.44AB]
Pasura Subbaiah Muthanna v. ITO (2024) 115 ITR 5 (SN)(Bang)(Trib)
S. 44AD : Presumptive basis-Cash credits-Unexplained money-Books of account not maintained-Cash deposits and withdrawals-Telescoping is applicable-Addition is deleted-Delay of 33 days in filing of an appeal is condoned. [S. 68]
Ishtiaq Ahmad Rather v. ITO (2024) 115 ITR 27 (SN) (Amritsar)(Trib)
S. 44AD : Presumptive basis-Trading business-Order of CIT(A) estimate of profit based on earlier year is held to be justified.[S. 132, 153A]
Dy. CIT v. Sushil Tyagi (2024) 115 ITR 90 (SN)(Delhi)(Trib)
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Sundry creditors-Summons issued through Inspector is unserved-No party existing at address provided-Confirmation filed-Amounts shown as outstanding in the balance sheet-Addition is deleted. [S.133(6)]
Golden Moment P. Ltd. v. ACIT (2024) 115 ITR 87 (SN)/(2025) 210 ITD 484 (Delhi)(Trib)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Payment of legal professional fees-Additional evidence is filed before the ITAT-Matter remanded. [S.9(1)(vii)]
Cadila Pharmaceuticals Ltd. v. ACIT (2024)115 ITR 428/ 162 taxmann.com 229 (Ahd)(Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Installation and testing service-Fees for technical services-Not liable to tax in India-Not liable to deduct tax at source.[S.9(1)(vii)(b), 195]
Dy. CIT v. Aspire Systems India P. Ltd (2024) 115 ITR 26 (SN) (Chennai)(Trib)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Legal and consultancy services for registration of product in foreign country-Not fees for technical services-Not taxable in India-Not liable to deduct tax at source-DTAA-India-USA.[S.9(1)(vii),195 Art.12]
Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/)/ 162 taxmann.com 229 (Ahd)(Trib)
S. 37(1) : Business expenditure-Foreign exchange fluctuation losses-Hedging-Foreign exchange risks in respect of exports and imports-Loss is not speculative-Allowable as business loss.[S.28(i)]
Cadila Pharmaceuticals Ltd. v. ACIT (2024) 115 ITR 51 ((SN)/ 162 taxmann.com 229 (Ahd)(Trib)