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. 48 : Capital gains-Mode of Computation-Cost of acquisition-Unaccounted receipts taxed as part of capital gains, related unaccounted expenditure cannot be taxed separately-Cash payments related to personal expenses, were sourced from unaccounted receipts-Personal expenditure is deleted. [S.45 69C]

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

S. 44C : Non-residents-Head office expenditure-Head office expenses-Allocated to PE in India-Allowed full-Prior to amendment of article 7(3) of India-UAE DTAA by way of protocol dated 28-11-2007-Expenditure incurred outside India exclusively for operations of Indian branches would not fall within ambit of section 44C-Allowable in full-DTAA-India-UAE [Art. 7]

Mashreq Bank Psc. v. CIT (IT) (2025) 211 ITD 511 (Mum) (Trib.)

S. 43CA : Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Developer-Booking of flat-Addition is deleted.[S. 43CA(3), 43CA (4), 50C]

Bansal Land Developers. v. ITO (2025) 211 ITD 658 (Pune) (Trib.)

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Bad debts written off-Matter is remanded for de novo consideration.[S. 131, 133(6)]

Kotak Mahindra Bank Ltd. v. DCIT (2025) 211 ITD 608 (Mum) (Trib.)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payments were made on bank holidays-Issue is restored back to file of Assessing Officer for examination afresh.

Chandra Moolchand Jain. (Smt.) v. ITO (2025) 211 ITD 398 (Bang) (Trib.)

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Payment of advisory fee to a foreign company-Not fees for technical services-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vii), 195, Art. 12]

ITO (IT) v. Hartaj Sewa Singh. (2025) 211 ITD 179 (Kol) (Trib.)

S. 37(1) : Business expenditure-Finance lease rental-Providing remote infrastructure management, remote helpdesk, remote network monitoring services and other services for foreign customers-Allowable as business expenditure.

DCIT v. NTT Global Data Centres Cloud Infrastructure India (P.) Ltd. (2025) 211 ITD 640 (Mum) (Trib.)

S.37(1): Business expenditure-Service tax payment-Corporate agency agreement-Allowable as deduction.

Axis Bank Ltd. v. ACIT (2025) 211 ITD 650 /235 TTJ 209 (Ahd) (Trib.)

S.37(1): Business expenditure-Expenditure incurred on sale of commercial space-Payment was made by cheque-Order of CIT(A) deleting the addition is affirmed.

ACIT v. Pavani Structurals (P.) Ltd. (2025) 211 ITD 415 (Hyd) (Trib.)

S.37(1): Business expenditure-Capital or revenue-Retainership fees to two foreign agents for marketing and business development-Allowable as revenue expenditure.

JIL Information Technology Ltd. v. ACIT (2025) 211 ITD 277 (Lucknow) (Trib.)