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. 90 : Double taxation relief-elimination of double taxation-Review petition dismissed against order of the Supreme Court that a notification under section 90(1) is a mandatory condition to give effect to a DTAA, or any protocol changing its terms or conditions, which has the effect of altering existing provisions of law-DTAA-India-France-curative petition dismissed. [ITATR. 128, Art. 10, 13]
Nestle Sa v. Assessing Officer (IT), New Delhi (2025) 307 Taxman 167 (SC) Editorial: Nestle SA v. AO (IT) (2024) 300 Taxman 361/ 341 CTR 320/ 243 DTR 88 (SC)
S. 69A: Unexplained money-Investment at end of year-Deletion of addition by the Tribunal is affirmed by the High Court. [S. 260A]
PCIT v. Improve Financial Consultants (P.) Ltd. (2025) 307 Taxman 260 (Cal.)(HC)
S. 68: Cash credits-Sale of shares-Short-term capital loss-Order of Tribunal affirmed. [S. 260A]
PCIT v. Hamlet (2025) 307 Taxman 248 (Karn.)(HC)
S. 37(1) : Business expenditure-Company-Advance-Interest-Failure to prove nexus-Order of Tribunal affirming the disallowance is affirmed. [S. 15, 260A]
Mukesh Gupta v. Dy. CIT (2025) 307 Taxman 632 (Karn.)(HC)
S. 15: : Salaries-Business income-Director-Professional fees-Failure to furnish documentary evidence-Assessable as income from salary-Order of Tribunal affirmed. [S.17, 28(i), 194J, 260A]
Mukesh Gupta v. Dy. CIT (2025) 307 Taxman 632 (Karn.)(HC)
S. 11: Property held for charitable purposes-Failure to file Form No 10 on due date-Delay of 2154 days-Accumulation of income-Delay was condoned-CIT(E) was directed to grant exemption. [S.11(2), 12A, Form No.9A, Form No.10, Art. 226]
KSB Care Charitable Trust v. CIT (E) (2025) 307 Taxman 277 (Bom.)(HC)
S. 11: Property held for charitable purposes-Delay of 447 days while uploading Form No 10B-Oversight on the part of the chartered accountant-Delay was condoned-CIT(E) was directed to grant the relief. [S. 12A, Form No 10B, Art. 226]
International Resources for Fairer Trade v. UOI (2025) 307 Taxman 271 (Bom.)(HC)
S. 11: Property held for charitable purposes-Delay of 1290 days in uploading to the portal-Oversight on the part of the chartered accountant-Delay was condoned-CIT(E) was directed to grant the relief.[S. 12A, Form No 10B, Art. 226]
International Resources for Fairer Trade v. UOI (2025) 307 Taxman 641 (Bom.)(HC)
S. 10A: Free trade zone-Liquidation-Matter remanded to avail appropriate legal remedy in accordance with law. [Art. 136]
CIT v. ICSA (India) Ltd. (2025) 307 Taxman 387 (SC)