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. 80IB (10) : Housing projects-Assessee cannot be deprived of the benefit if the delays are beyond the control of the assessee-Matter remanded to the Assessing Officer for verification.
City Corporation Ltd. v. Dy.CIT-(2025) 233 TTJ 367 (Pune) (Trib)
S.70: Set off of loss-One source against income from another source-Same head of income-arrangement of affairs within legal framework through legitimate means to reduce its tax liability-no evidence on record to doubt genuineness of transactions-STCL derived by assessee could not be prevented from being set off against LTCG. [S. 45]
ACIT v. Ranu Vohra (2025) 210 ITD 285 (Mum.) (Trib.) Editorial: Pr. CIT (Central) v. Adar Cyrus Poonawalla [2018] 100 taxmann.com 227/260 Taxman 41 (Bom)(HC) followed.
S. 69C : Unexplained expenditure-Information from Invetsigation wing-The AO cannot proceed to disallow only the purchases in isolation and the Tribunal disallowed the purchases at 12.5%. On appeal for A.Y. 2014-15, the Tribunal observed that the Assessee had only made payments towards purchases from previous year, hence the addition for A.Y. 2014-15 was unjustified. [S. 147, 148]
Manak Chand Daga v. ITO (2025) 233 TTJ 11 (UO) (Delhi)(Trib)
S. 69C: Unexplained expenditure-Search and seizure-Unabated assessment-Purchases are recorded in regular books of account-Order of CIT(A) deleting the addition is affirmed.
Dy.CIT v. Aba Builders Ltd (2025) 233 TTJ 328(Delhi)(Trib)
S. 69A: Unexplained money-Cash found in the work premises-Sales-Matter restored to AO to consider the evidence submitted. [S. 131, 133A]
Turab Ali Bohra v. ACIT(2025) 121 ITR 153 (Jaipur)(Trib)
S. 69A: Unexplained money-Cash deposit-Demonetisation-Cash sales-Deletion of addition is affirmed by the Tribunal.
Subhash Chand Gupta v. ACIT (2025) 210 ITD 118 (Delhi) (Trib.)
S. 68: Cash credits-Share application-Share premium-Identity and creditworthiness and genuineness is established-Addition is deleted.
Shankar Traders & Distributors (P.) Ltd. v. ITO (2025) 210 ITD 41 (Kol.) (Trib.)
S. 68: Cash credits-Share capital-Share premium-Proved the identity, credit worthiness and genuineness by documents-Addition is deleted. [S. 133(6)]
One Point Commercial Pvt. Ltd v. ITO(2025) 121 ITR 526 (Kol)(Trib)
S. 68:Cash credits-Identity and creditworthiness is established-b The loan was repaid through banking channels-Addition is deleted.
Rajuram Savaji Purohit v. ITO [2025] 210 ITD 358 (Mum)(Trib.)
S. 68: Cash credits-Unsecured loan-The assessee satisfactorily explained the source of the loan, and the lender’s credibility was established through the repayment in cheque and the lender’s business activity. The addition is deleted. [S.133(6)]
Prarthana Gems v. Dy. CIT [2025] 210 ITD 158 (Surat)(Trib.)