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. 194A: Deduction of tax at source-Interest other than interest on securities-Assessee in default-Reimbursement of interest to Group Company-Not liable to deduct TDS by the Assessee-Levy of interest is deleted. [S. 201(1), 201(IA)]

KD Lite Developers (P.) Ltd. vs. Dy. CIT [2025] 210 ITD 384 (Mum)(Trib.)

S.156A: Modification and revision of notice in certain cases-Demand and recovery-Since the resolution plan has yet to be finalized, remanding the appeal to the AO is necessary-The AO will take the required steps before the NCLT in compliance with s.156A and the IBC provisions. [S. 156, 178, Insolvency and Bankruptcy Code, 2016S. 14]

Manz Retail (P.) Ltd. v. Dy. CIT [2025] 210 ITD 12 (Mum)(Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Tax deducted at source-Rectification proposing withdrawal of refund of tax deducted at source-Rectification order is not valid.[S. 143(1)]

Mohan Lal Talesara v. Dy.CIT(2025) 233 TTJ 985 (Jodhpur)(Trib)

S. 153B : Assessment-Search-Time limit-Assessment of any other person-Satisfaction note was drawn in assessment year 2018-19-Order passed beyond period of limitation of six years-Barred by limitation [S. 143(3),153C]

Rupesh Katilala Savla v. ACIT (2025) 210 ITD 591 (Mum.) (Trib.)

S. 153B: Assessment-Search-Time limit-Limitation to pass the assessment order expired on 31.12.2020 [S. 69B, 132,153A, 153C]

Chintankumar Rameshbhai Patel v. Dy. CIT (2025) 210 ITD 290 (Rajkot) (Trib.)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note prepared without application of mind and without referring to the incriminating material found during the course of Search-Assessment order is quashed..[S. 132]

Pradeep Singh v. ACIT (2025) 233 TTJ 590 (Delhi) (Trib.)

S. 153A: Assessment-Search-Addition can not be be made in the absence of incriminating material found during the search. [S. 69A, 69C, 132]

Dy.CIT v. Aba Builders Ltd. (2025) 233 TTJ 328 (Delhi) (Trib)

S. 153A: Assessment-Search-No addition can be made merely on the basis of statement-On money-Presumption-Addition is deleted.[S. 132, 153C, 292C]

Kalyan Development Corporation v. ACIT (2025) 233 TTJ 413 (Mum) (Trib)

S. 153A: Assessment-Search-Revenue followed detailed guidelines during the search-Approval under the section cannot be considered as granted mechanically-Matter is restored to CIT(A). [S. 153D]

Neelu Sanjay Gupta (Smt.) Legal Heir of Late Sanjay Gupta v. Dy.CIT (2025) 233 TTJ 29 (Ahd) (Trib)

S. 151 : Reassessment-Sanction for issue of notice–Notice u/s 148 issued beyond 3-year period-As per amended Section 151 (post 01.04.2021), approval from PCCIT/CCIT was required, but approval was taken from PCIT-Reassessment proceedings quashed. [S. 147, 148]

Arvind Velji Gada v. ITO (Mum) (Trib)(UR)