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. 2(14)(iii): Capital gains-Land beyond 8 km from municipal limits-Held, not a capital asset-Agricultural income supported by records-Additions deleted. [S. 10(1), 153A]

Vinaya Sharma v. ACIT (2025) 234 TTJ 417 (Jaipur)(Trib)

S. 272A: Penalty-Failure to answer questions-Sign statements-Furnish information-Defaulted in timely furnishing of information but ultimately submitted all requisite details which were duly considered in framing assessment-lapse was only a technical/venial breach-Penalty was not justified.[S. 10(23C), 139, 272A(1)(d)]

Bundelkhand University. v. DCIT (E) (2025) 214 ITD 688 (Agra) (Trib.)

S.271D: Penalty-Takes or accepts any loan or deposit-Limitation-Penalty proceedings under section 271D were initiated during reassessment by issuing a show-cause notice on 17-8-2022-Penalty order was passed on 29-3-2023 beyond the limitation period under section 275(1)(c)-Penalty was barred by limitation and was not sustainable. [S. 148, 269SS, 275(1)(c)]

Karia Builders. v. ITO (2025) 214 ITD 161 (Pune) (Trib.)

S. 271(1)(c) : Penalty-Concealment-Additional evidence obtained under RTI Act-Matter remanded.[S.80IB(10)

Vijay Tukaram Raundal. v. DCIT (2025) 214 ITD 661 (Pune) (Trib.)

S. 270A:Penalty for under-reporting and misreporting of income-
Not specifying the charge, whether it was for under-reporting or misreporting of income-Penalty order was void ab initio and not sustainable in law-Penalty was deleted. [S. 45, 54F, 274]

Snehalkumar Bhogilal Trivedi. v.NFAC(2025) 214 ITD 426 (Ahd) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations-CSR activities-Allowed deduction under section 80G-Revision order was set aside. [S.80G, 143(3)]

Jashan Jewels (P.) Ltd. v. PCIT (2025) 214 ITD 112 (Mum) (Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Depreciation-Road Project-Building, operating and transferring a section of national highway-Road construction project-Intangible asset-Eligible depreciation-Mercantile system of accounting-Negative grant-Depreciation on negative grant which was to be paid to NHAI-Depreciation allowable-Revision order set aside.[S. 32 143(3),145]

IRCON Soma Tollway (P.) Ltd. v. PCIT (2025) 214 ITD 139 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Agricultural income-Coffee curing-Specific queries during original assessment proceedings-Rule 7B deeming part of income as business income-Revision order was quashed. [S. 2(IA) 28(1),143(3), R.7B]

C. T. Ramanathan (HUF) v. ITO (2025) 214 ITD 96 (Chennai) (Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-
Cost of improvement-Limited scrutiny-Allowed claim towards cost of improvement under section 48 without conducting an inquiry or verification-Revision order affirmed. [S. 48, 54B]

Avinash Dattatray Muley. v. PCIT (2025) 214 ITD 151 (Pune) (Trib.)

S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 1386 days-Ex parte assessment-Non-receipt of notices as they were issued to the jail Superintendent while assessee’s father was in jail-Delay was condoned, and the matter was restored to the file of CIT(A) for decision on merits.[S. 144]

Rishabh Dev. v. ITO (2025) 214 ITD 766 (Dehradun) (Trib.)