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. 153C : Assessment-Income of any other person-Search year-Wrongly applied the provision of Section 153C by the CIT(A) matter is remanded to the file of CIT(A) to deecide the issue on merits-Application for adjournment is rejected. [S. 132, 143(3)255, ITAT R,1963, R. 23]

Dy.CIT v. Vamsi Mohan Vallabhaneni (2025) 233 TTJ 121 / 245 DTR 81 (Hyd)(Trib)

S. 153A: Assessment-Search-Undisclosed income-Document referred to and relied upon by the AO does not bear any signature of the assessee-Addition is deleted-Appellate Tribunal-Delay of 702 days in filing the appeal is condoned. [S. 254(1)]

Shrigopal Rameshkumar Sales (P) Ltd. v. Dy.CIT (2025) 233 TTJ 747 / 246 DTR 51 (Nag)(Trib)

S. 153A: Assessment-Search-Approval-Jt. CIT has given certain specific instructions to the AO- Mandate is complied with.[S. 143(3)153D]

Asha Daga v. Dy.CIT (2025) 233 TTJ 860/ 170 taxmann.com 199 (Raipur)(Trib)

S. 148 : Reassessment-Notice-Limitation-First notice under s. 148 was issued on 30th June, 2021-Since the notice was issued after 1st April, 2021, amended provisions effective from 1st April, 2021 were applicable-Notice is within limitation period. [S. 147, 148A(d)]

Pushpadevi Shivlal Rathi v. ITO (2025) 233 TTJ 12 / 245 DTR 16 (SMC) (Pune) (Trib)

S. 147 : Reassessment-Assessment order passed by non-jurisdictional AO-Invalid transfer on request of assessee-Mandate of law is not followed-Notice and order is bad in law.[S.114B, 127(4), 139A(5), 143(3), 148, 272B]

Arunjeet Kaur (Smt.) v.ITO (2025) 233 TTJ 294 (Chd)(Trib)

S. 147 :Reassessment-Information received from Investigation Wing-Return was processed u/s143(1)-Survey-Accommodation entries-Reassessment is justified-On merit the matter is remanded to estimate of gross profit as applicable to genuine purchases. [S. 69C, 133A, 143(1)]

Shah Traders v. Dy.CIT (2025) 233 TTJ 641 / 246 DTR 41 / 172 taxmann.com 513 (Mum)(Trib)

S. 147:Reassessment-Limitation-Non-resident-No reference to TPO-The time-limit for completing the assessment under was available upto 31st March, 2023-Order passed on 8 th January, 2024-Barred by limitation-Additional legal ground on limitation is admitted. [S.92CA, 144C(13), 148 153(2), 153(4), 254(1)]

Mir Ibrahim Ali v. ACIT (IT) (2025) 233 TTJ 733 (Hyd)(Trib) Abbas Ali Akil v. ACIT (IT) (2025) 233 TTJ 733 (Hyd)(Trib)

S.147: Reassessment-After the expiry of four years-Sub-contractors-No failure to disclose material facts-Reassessment order is quashed. [S.148]

S.P. Singla Construction (P) Ltd. v. Dy.CIT (2025) 233 TTJ 559 / 245 DTR 357 (Chd)(Trib)

S. 143(3): Assessment-limited scrutiny-Profits chargeable to tax-Remission or cessation of trading liability-The addition made under s. 41(1) and disallowance of transmission charges are deleted.[S. 41(1)]

Sitac Re (P) Ltd. v. Dy.CIT (2025) 233 TTJ 971/ 174 taxmann.com 428 ((Delhi)(Trib)

115JB : Company-Book profit-Income from operation of ships-Income offered income under deeming provision-Provsion of book profit is not applicable-DTAA-India Hing Kong. [S. 44B, 90(2), Art. 8]

Orient Overseas Container Line Ltd. v. Dy.CIT (IT) [2024] 168 taxmann.com 269 / (2025) 233 TTJ 83 (Mum)(Trib)