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. 147 : Reassessment Capital gains-Full value of consideration-Stamp valuation-High Court affirmed the order of the Tribunal on the ground that based on very same document re assessment was not justified-Special leave petition filed against the order of High Court was dismissed on ground of low tax effect. [S. 50C, 148, Art. 136]

PCIT v. K.R. Jayaram (2025) 303 Taxman 408 (SC) Editorial: PCIT v. K.R. Jayaram (2025)171 taxmann.com 51 (Mad)(HC)

S. 147 : Reassessment-With in four years-Bad debt-Provision for bad and doubtful debts-Schedule bank-Order of High Court quashing the reassessment notice and consequential order was quashed-SLP of Revenue is dismissed on account of delay of 162 days as well as on merits. [S. 36(1)(viia), 143(3), Art. 136]

ACIT v. Yes Bank Ltd. (2025) 303 Taxman 260 (SC) Editorial : Yes Bank Ltd v.ACIT (2024) 474 ITR 430 / 160 taxmann.com 329 (Bom)(HC)

S. 147 : Reassessment-After the expiry of four years-Loss in speculation business-No failure to disclose material facts-SLP dismissed [S. 73, 143(3), 148, Art. 226]

ACIT v. BSIFS (P.) Ltd. (2025) 303 Taxman 584 / 474 ITR 208 (SC) Editorial : BSIFS (P.) Ltd v. ACIT(2024) 161 taxmann.com 443(Bom)(HC)

S. 145 : Method of accounting-Project completion method-Real estate development-Assessing Officer followed percentage completion method-Alternative remedy-Writ petition dismissed. [S. 43CB, 144B, ICDS III & IV, Art. 226]

Shandilya Properties LLP v. ITO (2025) 303 Taxman 561 (Bom.)(HC)

S. 144B : Faceless Assessment-Personal hearing-Natural justice-Video conference-Order of the Assessing Officer was quashed and set a side-Statutory authority was directed to afford a personal hearing to assessee through video conferencing. [S. 143(2), 144B(7), Art. 226]

Federal Bank Ltd. v. ACIT(2025) 303 Taxman 118 (Ker.)(HC)

S. 143(2) : Assessment-Notice-Limitation-Date of filing original return to be considered for limitation, not date defects were removed-SLP dismissed. [S. 139(1), 139(9), Art. 136]

Dy. CIT v. Travel Designer India (P.) Ltd. (2025) 303 Taxman 583 / 482 ITR 283 (SC) Editorial: Travel Designer India (P.) Ltd. (2020) 269 Taxman 429 (Guj.)(HC)

S. 132B : Application of seized or requisitioned assets-Search and seizure-Seizure of jewellery from locker in company’s name-Presumed to belong to company-Revenue cannot treat it as belonging to directors-Directed to release seized assets. [S. 132(1)(B)(iii), Art. 226]

Dillano Luxurious Jewels Ltd. v. Dy. DIT (Inv) (2025) 303 Taxman 140 (P&H)(HC)

S. 132B : Application of seized or requisitioned assets-Requisition of books of account-Stock in trade-Trader of gold jewellery/ornaments-Factual dispute regarding itemized stock register and quantity of gold seized-Non-release of gold ornaments held to be justified. [S. 132A, Art. 226]

Vikas Kankaria v. UOI (2025) 303 Taxman 185 (Raj.)(HC)

S. 127 : Power to transfer cases-Order passed without opportunity of hearing-Best judgment order quashed [S. 144, 260A, Art. 226]

Deluxe Enterprises v. ITO (2025) 303 Taxman 366 (HP)(HC)

S. 127 : Power to transfer cases-Search and seizure-No compliance with requirement of agreement between jurisdictional Principal Commissioners-Transfer order set aside [S. 127(2), Art. 226]

Pradeep Kumar Kajaria v. UOI (2025) 303 Taxman 111 (Cal)(HC)