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. 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)

S.115BAC:Tax on income of individuals and Hindu undivided family-Option-Form No 10E-New regime and old regime-The assessee cannot be forced to adopt the new regime-The action of the CPC in processing the return of income determining the total income under the new regime of taxation is quashed and set aside.[S. 139, Form No.10E]

Akshay Nitin Malu v. ITO (2025) 233 TTJ 491 / 245 DTR 353 / 173 taxmann.com 684 (Pune)(Trib)

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Interest on outstanding receivables from AES-Outstanding dues beyond an agreed credit period are separate international transaction, which requires to be benchmarked separately and cannot be clubbed together with other transactions-Working capital adjustment subsumed accrued interest on trade receivables, and no separate adjustment should be made was not advanced before the TPO or the DRP-, Issue is restored back to the TPO.[R. 10A]

Biocon Biologicals Ltd v. ACIT (2025)233 TTJ 930 / 170 taxmann.com 372 (Bang)(Trib)

S. 69A : Unexplained money-Income Declaration Scheme, 2016-quoted wrong PAN No.-issue is restored to the AO for necessary verification. [Income Declaration Scheme, 2016]

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

S. 69 :Unexplained investments-Jewellley-Banl locker-Old jewellery was converted in to bullion-Addition is justified. [S. 132, 153A]

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

S. 68 : Cash credits-Repayment of loan-Addition is deleted-Loan outstanding-Report of the Inspector is not provided to the assessee-Violation of principle of natural justice-The matter is restored to the AO to provide the report of the Inspector to the assessee for his rebuttal with proper and supporting evidences.[S. 133(6)]

Bhupatbhai Thakarshibhai Mavani v. ACIT (2025) 233 TTJ 29 (UO) (Surat) (Trib)

S. 68 : Cash credits-Survey-Disclosure of additional income as business income-Surrendered income cannot be assesses as cash credit and invoking the provision of section 115BBE of the Act. [S. 115BBE, 133A]

Sopan Bandoba Chavan v. ITO (2025) 233 TTJ 17 (UO) (Pune) (Trib)

Real Estate (Regulation and Development) Act, 2016 (RERA, Act)
S. 43: Real Estate Appellate Tribunal – Powers of Tribunal – Maharashtra Real Estate Regulatory Authority – Right to legal representation- A Hybrid system of hearing – Execution of orders – Delay in enforcement – Virtual-only hearings – Hybrid hearing not offered – Absence of mechanism for urgent listing and execution – Access to justice is an important of any courts / Tribunals exists , must be given an opportunity of hearing – Tribunals were constituted with the sole objective of delivering speedy , inexpensive and decentralised adjudication of disputes in various matters -Exclusive reliance on virtual hearings is unsustainable- Guidelines issued to ensure access to justice – Writ petition allowed. [ S. 20, 53 ,56 RERA Regulations 2017, Circular No. 34A dated 08.04.2025, Sarvesh Mathur v. Registrar General, (2023) MANU/SCOR/03900/2025, Art. 226, 227, 323A ]

Mayur L. Desai v. State of Maharashtra & Anr. ( Bom)( HC) www.itatonlline.org

S. 56 : Income from other sources-Issue of shares at premium-Merchant banker on the basis of DCF method-No valuation by DCF method at the time of issuance of shares-Valuation report was obtained in the course of assessment proceedings-The AO is justified in determining the fair market value of shares by applying R. 11UA(2) and making addition by invoking section 56(2)(vib) of the Act. [S. 56(2)(vib), R.11UA(2)]

SPL Infrastructure (P) Ltd. v. ITO [2024] 169 taxmann.com 459/ (2025) 233 TTJ 495 / 245 DTR 321 (Chennai)(Trib)