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. 143(1) : Assessment-Intimation –Payment of bonus-adjustment made under section 143(1) was incorporated in assessment framed under section 143(3) without taking into cognizance of adjustment made by CPC in intimation-Matter is set aside to file of Assessing Officer for fresh adjudication as per provisions of law.[S. 143(3)]
Ariba Technologies India (P.) Ltd. v. DCIT (2025) 212 ITD 17 (Bang) (Trib)
S. 92B : Transfer pricing-International transaction-Arm’s length price-Avoidance of tax-Interest on outstanding receivables is an international transaction-Separate benchmarking-Appropriate rate of interest would be LIBOR + 200 basis point. [S.92C]
Ariba Technologies India (P.) Ltd. v. DCIT (2025) 212 ITD 17 (Bang) (Trib)
S. 90 :Double taxation relief-Filing of Form No. 67 read with rule 128 is only directory in nature and not mandatory-Belated filing of Form No. 67 would not bar claim of Foreign Tax Credit (FTC)-Dividend income from USA based company-Rate of tax on said income is already prescribed under India-USA DTAA, same shall prevail over and above normal tax rate provided under Income-tax Act-DTAA-India-USA. [S. 143(1)(a), Art. 10, 25, R. 128, Form No 67]
Vipul Chandrakant Sawalwade v. ITO (2025) 212 ITD 581 (Pune) (Trib)
S. 80P : Co-operative societies-Marketing of sugarcane produced by its members-Commission from sugar mills on supply of sugarcane by its members-Derived from-Business receipt-Eligible for deduction. [S. 56, 80P(2)]
ITO v. Cooperative Cane Development Union Ltd. (2025) 212 ITD 558 (Lucknow) (Trib.)
S. 80P : Co-operative societies-Return was not filed within due date-PCIT condoned the delay-issue was to be remitted to Assessing Officer.[S.80AC, 119, 139(1)]
Angamaly Service Co-operative Bank Ltd. v. ITO (2025) 212 ITD 288 (Cochin) (Trib.)
S. 80G : Donation-Wrongly applied for provisional registration under new regime-Matter remanded to the Commissioner (E) for de novo adjudication. [S.80G(5),Form No.10AB]
Sheth Vijilal Laxmidas Tribvondas Kesar Bai Jijilal Poona Convalcent Home. v. CIT (2025) 212 ITD 205 (Mum) (Trib.)
S. 80G : Donation-Provisionally approved-Inadvertent and clerical error-Matter remanded to Commissioner (E) to grant an opportunity to assessee to file revised application under clause (iii) of first proviso to section 80G(5). [S.80G(5)]
Subharma Charitable Trust. v. CIT (E) (2025) 212 ITD 44 (Mum) (Trib.)
S. 80G : Donation-Failure to file reply to discrepancies-Matter is remanded back Commissioner (Exemption) to grant one more opportunity of hearing. [S.11, 12A, 80G(5), Form No. 10AB]
Dr. Vikhe Patil Foundation. v. CIT (E) (2025) 212 ITD 57 (Pune) (Trib.)
S. 80G : Donation-Failure to furnish documents-Opportunity to be given. [S. 254(1), Form No 10AB]
Sultankhan Educational Trust v. CIT (2025) 212 ITD 376 (Pune)(Trib.)
S. 80G : Donation-Receipt of school bus fees, tuition fees and exam fees-Registration was granted-Approval under section 80G cannot be denied. [S. 2(15),11, 12, 12A, 13]
Anugraha Education Trust. v. CIT (2025) 212 ITD 520 (Bang) (Trib.)