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. 69C: Unexplained expenditure-Search assessment-Entire unaccounted business receipts cannot be taxed where corresponding unaccounted business expenditure is evidenced-Only profit element embedded in such receipts is taxable by applying a reasonable net profit rate and telescoping of expenditure is permissible. [S. 145, 153A]
Sankalp Recreation P. Ltd. v. Asst. CIT (2025) 130 ITR 517 (Ahd)(Trib.)
S. 69A: Unexplained money-Search assessment-Unaccounted receipts-Estimation of profit-Telescoping-Seized cash-PF/ESI contributions-Addition was deleted..[S. 69C 132, 145, 153A, General Clauses Act]
Sankalp Recreation Pvt. Ltd. v. ACIT (2025) 130 ITR 517 (Ahd.)(Trib.)
S. 69A: Unexplained money-Addition cannot be made on the entire value of alleged unaccounted sales-Only the profit element embedded in such sales is taxable, even where the existence of clandestine sales is established through seized documents and corroborative third-party statements-Estimation of profit at 6% by the CIT(A) was held to be reasonable. [S. 69A, 147]
Shah Foils Ltd. v. ITO (2025) 130 ITR 198 (Ahd(Trib.)
S. 68: Cash credits-Once the assessee establishes the identity and creditworthiness of the shareholders and the genuineness of the transaction, the burden shifts to the Assessing Officer. Addition was deleted.
ITO v. Express Tradelink (P.) Ltd. (2025) 130 ITR 282 (Kol.)(Trib.) Editorial: Affirmed in PCIT v. Express Tradelink (P.) Ltd. [2026] 309 Taxman 369 (Cal.)(HC).
S. 68: Cash credits-Purchase expenditure cannot be assessed as unexplained cash credit or unexplained expenditure where the source of payment is not disputed. [S. 69C, 250]
Feather Infotech (P.) Ltd. v. Dy. CIT (2025) 130 ITR 1 (Delhi)(Trib.)
S.54F: Capital gains-Investment in a residential house-Construction of mosque not a residential house-Not entitled to exemption. [S. 45]
ACIT v. Iqbal Ali Khan [2024] 158 taxmann.com 377 / (2025) 130 ITR 576 (Hyd.)(Trib.)
S. 45: Capital gains-Transfer-Any transaction by way of becoming a member-Joint Development Agreement (JDA)-Unregistered JDA/GPA can still constitute transfer under section 2(47)(vi)-Transfer of 62% land in exchange for 38% developed area taxable in year of agreement-The matter was remanded only for recomputation of capital gains in accordance with sections 48 and 50C. [S. 2(47)(vi), 48, 50C]
K.P. Muhammed Ali v. ITO (IT) (2025) 130 ITR 271 (Cochin)(Trib.)
S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Where part consideration is received by account payee cheque on the date of agreement, stamp duty value as on the date of agreement has to be adopted-No addition. Ss. 43CA(3), 43CA(4)[S. 43CA(3), 43CA(4), 50C]
Kolte Patil Developers Ltd. (erstwhile Bellflower Properties P. Ltd.) v. Dy. CIT (2025) 130 ITR 505 (Trib.)
S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Outstanding liability cannot be taxed merely because it has become time-barred under the Limitation Act-In the absence of remission or cessation of liability, section 41(1) cannot be invoked. [S. 145]
Vishal Exports Overseas Ltd. v. Asst. CIT (2025) 130 ITR 394 (Ahd)(Trib.)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Compensation paid for surrender of rights is not interest-Disallowance is not justified. [S. 194A]
Kolte Patil Developers Ltd. (erstwhile Bellflower Properties P. Ltd.) v. Dy. CIT (2025) 130 ITR 505 (Trib.)