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. 112 : Tax on long term capital gains-Determination of tax in certain cases-Income from other sources-Exemption not claimed-Purchase transaction in earlier year-Cannot be disturbed in subsequent year-Special rate of tax cannot be denied.[S. 10(38), 45, 56]

ACIT v. Magical Enterprises L.L.P. (2025) 211 ITD 46 (Delhi) (Trib.)

S. 90: Double taxation relief-Education cess-Tax rates as prescribed under DTAA would include education cess as well-Adjustment made is directed to be deleted-DTAA-India-USA. [S. 143(1), 154, Art. 2(1)b)(i)&(ii), 10, 11]

Sankaranarayanan Ramasubramanian v. ACIT (2025) 211 ITD 155 (Chennai) (Trib.)

S. 89 : Relief for income-tax-Arrears or advance of salary-One time lumpsum ex-gratia amount in lieu of payments till completion of 63 years of age-Advance salary-Entitled to relief under section 89(1)[S. 17(3(i), 89(1), R. 21A]

Sunil Vishnu Gaikwad. v. ITO (2025) 211 ITD 30 (Mum) (Trib.)

S. 80P : Co-operative societies-Interest income from its investments held with a co-operative bank-Entitle to deduction. [S.80P(2)(d)]

Sai Ankur Co-operative Housing Society Ltd. v. ITO (2025) 211 ITD 265 (Mum) (Trib.)

S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Contractor for execution of metro rail project-Not entitle to claim exemption. [S.80IA(4)]

DCIT v. Gulermak TPL Joint Venture. (2025) 211 ITD 349 (Mum) (Trib.)

S. 80G : Donation-Cancellation of approval-Details of FCRA funds utilization for assessment years 2021-22 to 2023-24 to meet out its objects-Cancellation of registration is set aside. [S.80G(5)]

Tiger Research and Conservation Trust. v. ITO (2025) 211 ITD 441 (Nagpur) (Trib.)

S. 80G : Donation-Rejection of application-Violation of natural justice-Matter is remanded back to CIT(E). [S.80G(5)(iv)(B)]

Bhagwan Mahaveer Jain Relief Trust v. CIT(E) (2025) 211 ITD 454 (Raipur)(Trib.)

S. 80G : Donation-Registration-Mentioning of wrong section-Matter is remanded to the file of CIT(E) with a direction to grant final approval to assessee under clause (iii) to first proviso to section 80G(5), if assessee was otherwise found eligible.[S.80G(5), Form 10AB]

Rotary Charity Trust. v. CIT (2025) 211 ITD 297 (Mum) (Trib.)

S. 69C: Unexplained expenditure-Un accounted cash-Seized material, diary notings-Transfer within group-Taxed in respective entities-Addition is deleted-Unexplained receipts and payments-Estimation of gross receipts-CIT(A) is justified in adopting a profit rate of 30 per cent on total receipts, based on principle of taxing real income.

Kailash Ramavatar Goenka. v. ACIT (2025) 211 ITD 317 (Ahd) (Trib.)

S. 69C: Unexplained expenditure-Search and seizure-Seized document was found from third party premises-Addition is deleted-Payment to travel agent-Payment received on the basis of rooms booked-Addition is deleted. [S. 132]

DCIT v. Triton Hotels and Resorts (P.) Ltd. (2025) 211 ITD 1 (Mum) (Trib.)