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. 245D : Settlement Commission-Search-Additional income-Finding of fact arrived at by Settlement Commission and in absence of any evidence found contrary to disclosure made, order passed by Settlement Commission was just and proper and required no interference. Writ petition of revenue was dismissed. [S. 132, 153A, 245C(1), 245D, Art. 226]

PrCIT (Central) v. Navinchandra Dalpatlal Mehta (2025) 303 Taxman 551 (Guj.)(HC)

S. 244A : Refund-Interest on refunds-High Court directed the revenue to pay interest at 15 per cent per annum-Statutory fixed rate of interest is only 6 % per annum-Interim stay of High Court order-Court directed the assessee to refund amount of interest in excess of 6 per cent per annum. [Art. 136]

ACIT v. TSI Business Parks (Hyderabad) (P.) Ltd. (2025) 303 Taxman 516 / 477 ITR 1 (SC) Editorial : TSI Business Parks (Hyderabad) (P.) Ltd v.ACIT(2021) 125 taxmann.com 342 / 431 ITR 654 (Telengana)(HC),, modified .

S. 237 : Refunds-Tax deducted at source-Revenue was directed to dispose the application within three months refund the amount within two months and if there was delay beyond two months the revenue would be liable to pay interest as per law. [Art. 226]

Bizznet Online Systems (P.) Ltd. v. Dy. CIT (2025) 303 Taxman 363 (Bom.)(HC)

S. 237 : Refunds-Procedure lacunae-Not credited to bank account-Once assessee was entitled to refund, it has to be paid with all expediency-Revenue was directed to inform assessee within a period of four days. [Art. 226]

GMO Emerging Markets Fund v. Dy. CIT (IT) (2025) 303 Taxman 199 (Bom.)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Waiver of interest-No genuine hardship was established, as financial disclosures were inadequate, failure to pay was not due to uncontrollable circumstances, evidenced by conflicting requests regarding seized assets and assessee’s inconsistent cooperation undermined claims of full compliance-Writ petition against rejection of waiver application is affirmed. [S. 220(2A), Art 226]

Jitendra M. Doshi v. CCIT (2025) 303 Taxman 338 (Bom.)(HC)

S. 164 : Representative assessees-Charge of tax-Beneficiaries unknown-Beneficiaries are to share benefit as per their investment made in proportion to investment made-Shares are determinate-Income of that respective sharer or beneficiaries is to be taxed in hands of beneficiary and not in hands of trustees-Tax effect was below taxable limit-SLP of revenue is dismissed.[S.268A, Art.136]

ITO v. TVS Investments I Fund (2025) 303 Taxman 512 (SC) Editorial : TVS Investments I Fund v. ITO (2025)171 taxmann.com 312 (Mad)(HC)

S. 158BC : Block assessment-Search and seizure-Authorisation-Penalty-Additional ground-Absence of satisfaction note-Invalid search-High Court order affirmed-Delay in SLP-SLP dismissed on delay and merits.[S. 132, 158BFA, Art. 136]

ACIT v. Marico Industries Ltd. (2025) 303 Taxman 405 (SC) Editorial: ACIT v. Marico Industries Ltd. (2025) 171 taxmann.com 140 (Bom.)(HC)

S. 153C : Assessment-Income of any other person-Recording of satisfaction on 23-10-2019-First AY 2018-19, tenth AY 2009-10-Notices for AYs 2009-10 to 2014-15 not time-barred.[S. 153A, Art. 226]

Bhavin Kishorebhai Zinzuwadia v. ACIT (2025) 303 Taxman 73 (Guj.)(HC)

S. 153C : Assessment-Income of any other person-Satisfaction-Mechanical reopening-Order quashed-SLP dismissed for delay and on merits.[S. 153A, Art. 136]

ACIT v. Mamta Agarwal (2025) 303 Taxman 327 (SC) Editorial: Saksham Commodities Ltd. v. ITO (2024) 161 taxmann.com 485 (Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search and seizure-No incriminating material-Order of High Court quashing assessment affirmed-Delay in SLP-SLP dismissed on delay as well as merits.[Art. 136]

Dy. CIT v. Vikas Wahi (2025) 303 Taxman 404 (SC) Editorial: Saksham Commodities Ltd. v. ITO (2024) 161 taxmann.com 485 / 464 ITR 1 (Delhi)(HC)