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. 271E : Penalty for failure to comply with provisions of section 269T – Adjustments through journal entries for genuine business purposes – Penalty is deleted . [ S. 269SS, 269T, 273B ]
Nilons Enterprises (P) Ltd. v. ITO [2024] 161 taxmann.com 566 ( Pune )( Trib)
S. 271B : Penalty- Failure to get accounts audited – Applicability of provision of section 271A – Non-maintenance of books of account- Penalty is deleted .[ S.44AA, 44AB , 271A ]
Arvind Aggarwal v. ITO ( Delhi)( Trib) ( UR )
S. 69: Unexplained investment – Source investment – Loan from mother and brother – Addition is deleted .
Ankur Goyal v. ITO (2025) 211 ITD 571 ( Delhi)( Trib) ( UR )
S. 56: Income from other sources – Share premium received by a private company – DCF Method is a valid method under rule 11UA – No defects pointed out in valuation report- Addition is deleted . [S . 56(2)(viib) , R.11UA ]
Patel Minerals Pvt Ltd v. ACIT [2025] 172 taxmann.com 287 ( Jodhpur )( Trib)
S.45 : Capital gains- Beneficial owner – Co-owner – Entire sale consideration declared in return of income filed by assessee’s brother – Addition can not be made in the hands of assessee.[ S. 54F ]
Vinod Nihalchand Jain v. ITO [2025] 172 taxmann.com 581 ( Mum)( Trib)
S 37(1) : Business expenditure – Ad-hoc disallowance – AO neither rejected books of account nor pointed out any bogus or non-genuine expenses – Remand report did not pointed out any specific defects.[ S. 144, 145(3) ]
ACIT v. H. V. Infratex Ltd(Ahd)( Trib)( UR )
S 37(1): Business expenditure – Market development expenses – Capital or revenue – Expenses incurred towards sale of product- Revenue nature .
ARI Healthcare (P) Ltd. v. ACIT ( 2025) 172 taxmann.com 336 (Mum) ( Trib)
S. 271(1)(c) : Penalty-Concealment-Book profit-Penalty is not leviable. [S. 115JB]
Sunborne Energy Services India (P) Ltd. v. Dy.CIT (2025) 233 TTJ 118 (Delhi)(Trib)
S. 271AAB:Peanlty-Search initiated on or after Ist day of July 2012-Undisclosed income-Detection of unexplained liabilities and expenses-Incriminating were found in the course of search-Not specifying the limb-Order of levying the penalty is affirmed. [S. 132]
Dy.CIT v. Subhash Tyagi [2024] 169 taxmann.com 623 (2025) 233 TTJ 198 / 245 DTR 33 (Delhi)(Trib)
S. 268A : Appeal-Instructions-Circulars-Monetary limits-Appelllate Tribunal-Earlier years appeals are admitted by High Court and pending for final hearing-Issue covered by Supreme Court-Tax effect is below monitory limit-Appeal is not maintainable-Delay of 516 days.[S. 253(2)) 253(5)]
ITO v. Partap Industries Ltd (2025)233 TTJ 1 (UO) (Chd) (Trib)