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. 251: Appeal-Commissioner (Appeals)-Powers-CIT (A) has wide powers akin to reassessment authority and must ensure thorough adjudication while deleting additions made by AO-Matter remanded back to AO to conduct fresh enquiries.[S. 250]
Dy.CIT v. Edelweiss Tokio Life Insurance Co. Ltd. (2025) 233 TTJ 796 (Mum)(Trib)
S. 244A : Refunds-Interest on refunds-Refund to be adjusted first from the outstanding interest and thereafter the principal amount.
Nirma Ltd v. DCIT. [2025] 172 taxmann.com 429 (Ahd)(Trib)
S.199: Deduction of tax at source-Credit for tax deducted-Sale of jointly owned immovable property-The property was jointly owned, and the capital gain was shared equally between the spouses cannot be the sole reason for disallowing the TDS credit.
Rahul Dinesh Bajpai v. Dy. DIT [2025] 210 ITD 307 (Mum)(Trib.)
S. 199: Deduction of tax at source-Credit for tax deducted-The contract was terminated, the income did not accrue, and the advance was refunded-Entitled to claim a refund of the TDS deducted on the advance paid by the party. [R. 37BA(3), Art. 265]
LEC-TPL UJV v. ITO (2025) 210 ITD 79 (Mum)(Trib.)
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.)