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. 144B : Faceless Assessment-Opportunity of hearing-Inadequate time to respond to show-cause notice a violation of principles of natural justice-Assessment order set aside and matter remanded.[S. 143(3), Art. 226]

CS & Sons v. NFAC [2023] 153 taxmann.com 177 (Bom.) (HC)

S. 69C : Unexplained expenditure-Bogus purchases-Where corresponding sales are accepted, addition is to be limited to estimated gross profit. [S. 260A]

PCIT v. Dhondiram Naryan Limbhore [2023] 153 taxmann.com 539 (Bom.)(HC) Editorial : SLP of revenue dismissed, PCIT v. Zahira R. Khatun. (2025) 304 Taxman 514 (SC)

S. 69A : Unexplained moneys-Accommodation bills-Bogus purchases-Onus of proof-Disallowance of expenditure is unsustainable where assessee discharges onus by furnishing substantial evidence to prove genuineness of transaction-Assessee is not required to produce third-party books of account. [S. 37(1), 132, 158BC, 260A]

PCIT v. M. Dinshaw and Co. (P) Ltd [2023] 156 taxmann.com 170 (Bom.)(HC)

S. 37(1) : Business expenditure –Method of accounting-Project completion method-Sales support and management expenses; Project completion method-Day-to-day business expenditure like staff salaries are revenue in nature; cannot be disallowed proportionately based on percentage of project completion. [S. 145]

PCIT v. Samudra Developers (P.) Ltd [2023] 155 taxmann.com 629 (Bom.) (HC)

S. 32 : Depreciation-Unabsorbed depreciation –Short term capital gains-Set-off-Unabsorbed depreciation pertaining to pre-amendment years (prior to AY 2002-03) is eligible for indefinite carry forward and set-off against income under any head, including capital gains, in subsequent assessment years. [S. 32(2), 70, 71, 72]

Bond Safety Belts (Dissolved) v. DCIT [2023] 156 taxmann.com 222 (Bom.)(HC) Editorial : Dy. CIT v. Times Guaranty Ltd. [IT Appeal Nos. 4947 and 4198(Mum) of 2008 dt. (2010) 40 SOT 14 (SB)(Mum)(Trib) is held to be not good law.

S. 17(2) : Salary-Perquisite-Constitutional validity-Amendment by Finance Act, 2007-Challenge to amendment-Outcome of writ petition to be governed by adjudication in similar petitions pending at Principal Seat.[S. 15, Art. 226]

Bank of Maharashtra Officers’ Organisation v. UOI [2023] 153 taxmann.com 190 (Bom.)(HC)

S. 11 : Property held for charitable purposes-Business incidental to main objects-Surplus from a pharmacy operated by a hospital trust for its patients is ancillary to the main charitable object of medical relief and not taxable as business income.[S.2(13),10(23C)(via),11(4A),260A]

PCIT (E) v. National Health & Education Society [2023] 154 taxmann.com 636 (Bom.) (HC)

S. 4 : Charge of income-tax-Interest on compensation-Motor accident claims-Deduction at source-Interest other than interest on securities-Interest awarded from date of claim petition until judgment of Court is not ‘income’ and, thus, not exigible to tax; no TDS deductible. [S. 2(28A), 194A]

Balkrishna v. State of Maharashtra [2023] 151 taxmann.com 62 (Bom.)(HC)

Direct Tax Vivad se Vishwas Act, 2020

S. 4: Filing of declaration-Pending revision-A revision application under section 264 of the Income-tax Act, 1961, filed with a request for condonation of delay, is considered ‘pending’ for the purposes of the DTVSV Act until it is disposed of by the CIT-An AO cannot reject the declaration on the basis that the revision is time-barred-The Assessing Officer was directed to process declaration of assessee and pass such order as required in accordance with law. [S. 2, Income-tax Act, 1961, S. 264, Art. 226]

Dhanraj Malchand Rathi v. UOI [2022] 137 taxmann.com 448 (Bom.)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 50 : Punishment for failure to furnish information about foreign asset-Stay of proceedings-Prosecution is premature when based on an assessment order against which an appeal is pending before the CIT(A)-High Court directed the revenue not to proceed further on the basis of the show-cause notice until the next date of hearing, thereby granting an interim stay [S.51 Income-tax Act, 1961, 276C]

Anil Dhirajlal Ambani v. UOI [2022] 145 taxmann.com 656 (Bom.) (HC)