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. 279: Offences and prosecutions-Sanction-Chief Commissioner-Commissioner-First offence-3 per cent compounding charges were leviable upon the petitioner and not 5 per cent. [S.279(2), Art. 226]

Sangeet Seth v. CCIT (2025) 307 Taxman 12 (Delhi)(HC)

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Sentence of fine as imposed by ACMM was to be modified, and the company was sentenced to admonition. [S.278AA, 278B, Code of Criminal Procedure, 1973, S. 378]

ITO v. Great Indian Nautanki Co. (P.) Ltd. (2025) 307 Taxman 462 (Delhi)(HC)

S. 276 : Offences and prosecutions-Removal-Concealment-Transfer-Delivery-Property-Thwart recovery-Transfer of Car to daughter-in-law of director-Company was not made as accused-[S.278B, 281, Art. 226]

Nilesh Agarwal v. ITO (2025) 307 Taxman 512 (Delhi)(HC)

S. 270A:Penalty for under-reporting and misreporting of income-Matter remanded to the Assessing Officer to provide an opportunity of hearing and pass a speaking order. [S.92CD(3) Art. 226 ]

Man Truck & Bus India (P.) Ltd. v. AUID (2025) 307 Taxman 101 (Bom.)(HC)

S. 268A: Appeal-Instructions-Monetary limits prescribed in CBDT Circulars would apply to pending appeals-Exceptions carved out by CBDT Circulars would apply only prospectively-Appeal of revenue dismissed.[S. 260A]

CIT (IT) v. Bennet Coleman & Co. Ltd. (2025) 307 Taxman 62 (Bom.)(HC)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share premium-Capital transaction-Second time on ground of inadequate enquiry-Tribunal, on examining the factual position and also noting the legal position, had granted relief to assessee-No question of law arose from order of Tribunal.[S.68, 143(3), 260A]

PCIT v. Anjaniputra Nirmal (P.) Ltd. (2025) 307 Taxman 45 (Cal.)(HC)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Capital gains-Land used for agricultural purposes-High Court affirmed the quashing of the revision order by the Tribunal-SLP of revenue is dismissed as the revenue could not explain the delay of 305 days in filing the SLP. [S. 54B, Art. 136]

PCIT v. Kanubhai Vanmalibhai Patel HUF (2025) 307 Taxman 6 (SC) Editorial: PCIT v. Kanubhai Vanmalibhai Patel HUF (2025) 178 taxmann.com 133 (Guj)(HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertakings-Infrastructure development-Contractor-Developer-Tribunal had not considered evidence on record and had merely recorded bare conclusions without setting out any reasons in support thereof, order of Tribunal under section 254(1) of the Act was set aside and matter was remitted back to Tribunal for disposal afresh on merits. [S.80IA(4)(1)(b),254(1), Art. 226]

Gulermak TPL Joint Venture v. ITAT (2025) 307 Taxman 597 (Bom.)(HC)

S. 254(1): Appellate Tribunal-Powers-Pendency of application before Settlement Commission-Tribunal condoned the delay and directed the CIT(A) to decide on the merits-High Court affirmed the order of the Tribunal-SLP of revenue dismissed. [S. 245F(2), Art. 136]

PCIT v. MD Industries (P.) Ltd. (2025) 307 Taxman 301 (SC) Editorial : PCIT v.MD Industries (P) Ltd ([2025] 172 taxmann.com 91 / 473 ITR 744 (Guj) (HC)

S. 254(1): Appellate Tribunal-Powers-Condonation of delay-Delay of six to seven years-Documents were handed over to the counsel-Mistake of counsel-High Court affirming the order of the Tribunal held that there is no general proposition that mistake of counsel by itself is always a sufficient ground for condonation of delay-Order of High Court affirmed-SLP of assessee dismissed. [Art. 136]

C.I. Builders (P.) Ltd. v. Pr. CIT (2025) 307 Taxman 2 / (2026) 484 ITR 192 (SC) Editorial: C.I. Builders (P.) Ltd. v. PCIT (2025) 305 Taxman 217 (MP) (HC)