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. 201 : Deduction at source-Failure to deduct or pay-Short deduction of tax deducted at source-Assessing Officer is directed to look into contention of assessee with regard to incorrect levy of interest under section 201(1A).[S. 194C, 194J, 201(IA)]
Accounts Officer, BSNL v. DCIT TDS) (2025) 211 ITD 449 (Delhi) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Not reflected in Form 26AS-Submitted supporting documents-Matter remanded to Assessing Officer for proper verification.[S. 143(1), 154, 201, Form 26AS.]
Xander Finance (P.) Ltd. v. ACIT (2025) 211 ITD 595 (Raipur) (Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Provision for expenses-Not claimed as application of income-Order of the CIT(A) quashing the rectification order is affirmed. [S. 11]
ITO v. Rajasthan Cricket Association. (2025) 211 ITD 430 (Jaipur) (Trib.)
S. 151 : Reassessment-Sanction for issue of notice-Date of sanction for issuance of notice-Date on which the notice is uploaded on ITBA portal of department-Not the date on which was communicated manually. [S. 148]
Prem Singh Saluja. v. ITO (2025) 211 ITD 496 (Raipur) (Trib.)
S. 147 : Reassessment-Unexplained investment-Purchase of land in another person-Issue is pending before under adjudication before authorities under PBPT Act-Matter is restored to file of AO. [S. 69, 148, Prohibition of Benami Property Transaction Act, 1988, S. 72]
Prem Singh Saluja. v. ITO (2025) 211 ITD 496 (Raipur) (Trib.)
S. 147 : Reassessment-Client code modification-Report from Investigation wing–Unexplained Moneys-Bogus commodity trading-Assessee is able to establish that its own funds were utilized to conduct transactions on NSEL platform-Reopening is quashed. [S. 68, 69A, 148]
DCIT v. Modern India Ltd. (2025) 211 ITD 270 (Mum) (Trib.)
S. 147 : Reassessment-Share premium-shareholders of amalgamating company in pursuance of approved amalgamation scheme-Issue of share premium was duly examined by Assessing Officer in original assessment proceedings-Order of CIT(A), quashing of reassessment is affirmed. [S. 56(2)(viib), 148]
ITO v. HSG Propmart (P.) Ltd. (2025) 211 ITD 459 (Delhi) (Trib.)
S. 147 : Reassessment-After the expiry of four years-Penny stock-Long term capital gains-Re assessment is bad in law.[S.68]
Minal Shroff v. ITO (2025) 211 ITD 247 (Chennai) (Trib.)
S.147: Reassessment-After the expiry of four years-Double Taxation Relief-Part relief allowed-No new or tangible material-Reassessment order is quashed-DTAA-India-UK [S.90, 148, Art. 24]
Shah Rukh Khan. v. DCIT (2025) 211 ITD 666 (Mum) (Trib.)
S. 145 : Method of accounting-Capital or Revenue-b Loss and gain on account of revaluation of outstanding dues payable to its overseas sister concern due to fluctuation in valuation of foreign exchange-Rule of consistency is followed.
Diebold Nixdorf India (P.) Ltd. v. CIT (2025) 211 ITD 377 (Mum) (Trib.)