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
Click here to download the pdf versions of the Digest of case laws

S. 254(1): Appellate Tribunal-Powers-Delay of 464 days-Affidavit-Delay was condoned-CIT(A)-Ex-parte order-Not dealing on merits-Matter remanded to the file of CIT(A) to decide on merits.[S.250(6)]

Ananda Kondu Akhade v. ITO (2025) 213 ITD 260 (Pune)(Trib.)

S. 251: Appeal-Commissioner (Appeals)-Powers-Direction to file the rectification application-Matter remanded to the file of CIT (A) for proper adjudication of claim under section DTAA. [S.90, 154, Rule 128, Article 24 of OECD Model Convention, Form 67]

Suresh Krishnamoorthy. v. ITO (2025) 213 ITD 419 (Cochin) (Trib)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Violation of the principle of natural justice-The matter was remanded back to the Commissioner (Appeals) for consideration of the assessee’s plea. [S. 144, 153A]

Bharat Chaturbhuj Vedant. v. DCIT (2025) 213 ITD 556 (Jodhpur) (Trib.)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Ex-parte order by CIT(A)-Reassessment-Land development-Directed to provide one more opportunity of hearing. [S. 45, 147, 148]

Kaushalya Devi. v. ITO (2025) 213 ITD 159 (Kol) (Trib.)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Failure to give a reasonable opportunity of hearing-Matter remanded to the file of CIT (A) for de novo adjudication. [S. 10(23C)(iiiad), 143(1) (a)]

Sai Shikshan Prasarak Mandal. v. ITO (2025) 213 ITD 128 (Pune) (Trib.)

S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Appeal was served on 7-8-2023-Due date for filing of an appeal was 15-9-2023-Appeal was filed on 25-8-2023-CIT(A) was not justified in dismissing the appeal on the ground of delay-Cash credits-Matter was remanded for deciding on merits.[S. 68, 246A, 250]

Madhya Gujarat Vij Co. Ltd. v. DCIT (2025) 213 ITD 168 (Ahd) (Trib.)

S. 234B: Interest-Advance tax-Non-Resident-Deduction at source-Interest not leviable. [S. 195]

DCIT v. Formula one Marketing II Ltd. (2025) 213 ITD 242 (Delhi) (Trib.)

S. 199: Deduction at source-Credit for tax deducted-Trust-Trustee-TDS in the name of Trustee-Assessing Officer was to be directed to give due credit to assessee-trust if credit of TDS was in name of trustee and details were given whether money was credited by trustee into account of trust. [S. 143(1), 154]

Urmilaben H. Dave Disc Family Trust. v. ITO (2025) 213 ITD 163 (Ahd) (Trib.)

S. 154: Rectification of mistake-Mistake apparent from the record-Enhance assessment or reduce refund-Order passed without giving an opportunity of hearing-Rectification order was set aside. [S. 143(3), 154(3)]

ILJIN Automotive (P.) Ltd. v. ACIT (2025) 213 ITD 88 (Chennai) (Trib.)

S. 154: Rectification of mistake-Mistake apparent from the record-Investment in mutual fund-Name of assessee as second holder-Order was passed without giving an opportunity of hearing-Rectification order was set aside. [S. 143(3)]

Brig. (Retd.) Jitendra Kumar Narang. v. ITO (2025) 213 ITD 81 (Pune) (Trib.)