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. 68: Cash credits-Share application money-Shell company-Mere production of incorporation certificates, PAN numbers, income tax returns, or showing that transactions were routed through banking channels could not discharge the burden of proof under section 68-Assessing Officer’s conclusion was founded upon tangible, cogent and independent evidence, and not on conjecture, addition made by Assessing Officer was justified-Order of Tribunal set side. [S. 260A]

ACIT, Central v. Agrawal Infrabuild (P.) Ltd. (2025) 307 Taxman 153 / (2026) 484 ITR 558 (Chhattisgarh)(HC)

S. 68 : Cash credits-Penny stock-Sun Rise Asian Ltd (SAL)-Long-term capital gains-Order of Tribunal deleting the addition is affirmed.[S. 10(38), 45]

PCIT v. Vinod Premjibhai Gangani (2025) 307 Taxman 146 (Guj.)(HC)

S. 67A: Association of persons-Body of individuals-Member’s share-Member of syndicates engaged in liquor business-Share of assessee in income of syndicate-Not taxable when association of persons taxed at maximum marginal rate-SLP of revenue dismissed. [S.2(31),86, 167B, Art. 136]

PCIT (Central v. Laxmi Narayan Shivhare (2025) 307 Taxman 443 (SC) Editorial : PCIT v. Ramesh Chandra Rai (2024) 168 taxmann.com 43 (MP)(HC)

S. 37(1): Business expenditure-Expenditure debited in the profit and loss account was not claimed as a deduction-Disallowance made by the Assessing Officer is held to be unsustainable-Order quashed. [S. 10(23FBA), 115UB, 143(3), Art.226]

Kedaara Captial Fund II LLP v. ANFAC (2025) 307 Taxman 19 (Bom)(HC)

S. 37(1): Business expenditure-Provision for discount-Order of Tribunal allowing the claim is affirmed. [S.260A]

PCIT v. LTI Mindtree Ltd. (2025) 307 Taxman 25 (Karn.)(HC)

S. 37(1): Business expenditure-Licence fee-Use of goodwill-Travelling and entertainment expenses-Ad-hoc disallowance of 5 per cent-Provision for discount-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]

PCIT v. Remfry and Sagar (2025) 307 Taxman 490 (Delhi)(HC)

S. 37(1): Business expenditure-lease of plot-Long-term lease of 99 years-Development charges-Deduction allowable at 5% of contribution towards the development charges at the end of each year-Allowable as revenue expenditure.[S. 260A]

Hinduja Foundries Ltd. v. ACIT (2025) 307 Taxman 336 /(2026) 486 ITR 117 (Mad.)(HC)

S. 35: Scientific research-Agreement was granted on 17-6-2009 from 1-4-2007-Order of the High Court affirming the disallowance is affirmed-SLP dismissed earlier and refiled once again by a delay of 1251 days is also dismissed. [S. 35(2AB), Art. 136]

Apollo Tyres Ltd. v. ACIT (2025) 307 Taxman 170 (SC) Editorial : Apollo Tyres Ltd. v. ACIT(2022) 284 Taxman 687 (Ker)(HC)

S. 32 : Depreciation-Assets discarded-Entitle to depreciation-Order of Tribunal affirmed. [S. 260A]

PCIT v. Sony India (P.) Ltd. (2025) 307 Taxman 173 (Delhi)(HC)

S. 32 : Depreciation-lease of plot-Long-term lease of 99 years-Plot deposit-Depreciation not allowable. [S. 32(1)(ii), 260A]

Hinduja Foundries Ltd. v. ACIT (2025) 307 Taxman 336 /(2026) 486 ITR 117 (Mad.)(HC)