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. 147: Reassessment-Unexplained investment-Information from Insight portal-Objection was not disposed of-Reassessment order was quashed and set aside. [S.69, 148]

Prasanth Sunil Kumar Bohra. v. ITO (2025) 213 ITD 34 (Mum) (Trib.)

S 144: Best judgment assessment-Amounts of investments not fully disclosed in books of account-Purchase of flat-Investment from maturity of fixed deposits-Matter was restored to the file of the Assessing Officer for a fresh examination. [S.69B]

Rekha Shah v. NFAC (2025) 213 ITD 371 (Mum) (Trib.)

S. 90: Double taxation relief-Foreign tax credit-Filing of Form No. 67 is not mandatory, but it is a directory requirement, and mere delay in filing Form No. 67 as per provisions of Rule 128(9) will not preclude the assessee from claiming benefit of foreign tax credit in respect of tax paid outside India.-DTAA-India-USA.[R. 128, Form No 67, Art. 25]

ITO v. Fashion Factory (International) (P.)Ltd. (2025) 213 ITD 545 (Delhi) (Trib.)

S. 80P : Co-operative societies-Mutuality-Three classes of members, namely, regular members, associate members and nominal members-Mutuality cannot be denied-Interest from fixed deposit with co-operative Bank-Within mandatory limit allowed deduction-Rental income, commission and other income-Disallowance affirmed. [S. 40(a)(ia), 57, 80P(2)(a)(i), Karnataka Cooperative Societies Act, 1959,S. 18]

ITO v. Sahakara Nagar Credit Co-operative Society Ltd. (2025) 213 ITD 178 (Bang) (Trib.)

S. 80GGB: Contribution-Companies-Political parties-Remanded to the file of the Assessing Officer for verification. [Finance Act, 2017, Companies Act, 2013, S. 182]

Centum Finance Ltd. v. DCIT (2025) 213 ITD 269 (Delhi) (Trib.)

S. 80G: Donation –Time limit-Delay in filing of Form No 10B-CIT (E) rejected application on the ground that it was beyond the time limit prescribed for filing of Form No. 10AB-Commencement of activity-Matter was to remanded to CIT (E) for reconsideration of application on merits.[Form No 10AC]

KMV Foundation v. CIT(E) (2025) 213 ITD 582 (Hyd)(Trib.)

S. 80G: Donation-Wrong selection of section code/clause in application-Rejection of application was set aside. [S.80G(5), Form No.10AB]

Abhinav Shikshan Sanstha. v. CIT (2025) 213 ITD 619 (Pune) (Trib.)

S. 80G: Donation-Granted registration under section 12AB-Application for approval under section 80G(5) cannot be denied-Matter remanded. [S.80G(5)]

Veedhi Balala Sneha Sangam. v. CIT (2025) 213 ITD 541 (Hyd) (Trib.)

S. 80G : Donation-CSR expenses-allowable as a deduction. [S. 37(1)]

DCIT v. Hinduja Global Solutions Ltd. (2025) 213 ITD 453 (Mum) (Trib.)

S. 80G: Donation-Scope of enquiry-While dealing with application for grant of approval under section 80G scope extends only to satisfaction of genuineness of activities of such trust/institutions and fulfilment of all conditions laid down in clauses (i) to (v) of section 80G(5)-It does not cover examination of surplus accumulation or its utilization-Rejection of application was set aside.[S.12A, 80G(5)]

City Hospital Charitable Trust. v. CIT (E) (2025) 213 ITD 399 (Bang) (Trib.)