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. 263 : Commissioner-Revision of orders prejudicial to revenue-Additional depreciation-At rate of 10 per cent on ‘plant and machinery’ put to use for a period of less than 180 days during preceding year-No error-Revision order is set aside. [S. 32(1)(ii), 43(6)]
Suzuki Motor Gujarat (P.) Ltd. v. PCIT (2025) 212 ITD 49 (Ahd) (Trib.)
S. 263 : Revision-Capital gains-Interest on enhanced compensation-AO’s acceptance of exemption erroneous-Interest taxable [S. 10(37), 56(2)(viii), 145B(1), Land Acquisition Act, 1894, S. 28]
Om Prakash v. PCIT (2025) 212 ITD 437 (Delhi)(Trib.)
S. 206C : Collection at source-Illegal miners-transporters etc-Liable collect TCS-Order of CIT(A) is affirmed. [S. 206C(IC), 206(6). 206(7)]
Mining Officer. v. DCIT (TDS) (2025) 212 ITD 93 (Raipur) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Trust-Sole beneficiary-Reflected in Form No. 26AS of trust-Assessing Officer is directed to take necessary steps to address request of both assessee and trust for transfer of TDS credit from Form No. 26AS of trust to Form No. 26AS of assessee and, thereafter, to allow credit in accordance with law. [Form 26AS]
Jamshed R Bilimoria. v. ITO (2025) 212 ITD 101 (Mum) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-Sale of agricultural land-Tax was deducted at rate of 1 per cent-No tax was required to be deducted-Entitle to credit for entire TDS appearing in Form 26AS.[S. 194-IA, R. 37BA]
K. Venkatesan (HUF) v. ACIT (2025) 212 ITD 618 (Chennai) (Trib.)
S. 199 : Deduction at source-Credit for tax deducted-CPC reduced TDS credit allowable to assessee on ground that gross receipts of assessee reflected in Form 26AS on which credit for TDS was claimed were higher than total of receipts shown under all heads of income in return of income-Matter remanded back to Commissioner (Appeals) to verify facts.[S. 143(3), Form No 26AS]
Jagannath Transport Corporation v. DCIT (2025) 121 ITD 609 (Raipur) (Trib.)
S. 195 :Deduction at source-Non-resident-Other sums-Foreign payments to its parent company in USA-testing charges-Matter is remanded back to Assessing Officer for examination afresh.[S.9(1)(vi), Art. 12]
UL LLC. v. ACIT (IT) (2025) 212 ITD 34 (Bang) (Trib.)
S. 194IA : Deduction at source-Purchase of property-Two sellers-Consideration below Rs. 50 lakhs individually-No TDS liability-Interest deleted [S. 201(1)]
Archanaben Rajendrasingh Deval v. ITO (2025) 212 ITD 414 (Ahd)(Trib.)
S. 164:Representative assessees-Charge of tax-Beneficiaries unknown-Trusts created by Will are not to be subjected to tax at Maximum Marginal Rate (MMR) but are to be taxed at rates applicable to AOPs. [S.143(1)(b), 160, 161(IA), 164(1),167B]
Nathiben Kalidas Patel Family Trust. v. ITO (2025) 212 ITD 539 (Ahd) (Trib.)
S. 164 : Representative assessee-Discretionary trust-Maximum marginal rate-Surcharge to be computed with reference to slab rates under Finance Act. [S. 2(29C), 111A, 112A, 167B, Finance Act, 2023]
Araadhya Jain Trust v. ITO (2025) 212 ITD 1 (SB)(Mum)(Trib.)