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.68: Cash Credits-Genuineness of Loans-Established the identity, creditworthiness and genuineness of the lenders-Addition was deleted.

Fedora Sea Foods (P.) Ltd. v. ACIT (2025) 238 TTJ 104 (Hyd.)(Trib.).

S. 56: Income from Other Sources-Interest on enhanced compensation under section 28 of the Land Acquisition Act-Taxable on a receipt basis. The amended provisions constitute a complete code and prevail over the character assigned to such receipts under the Land Acquisition Act or under judicial precedents rendered under the pre-amendment law. [S 2(28A), 14, 45(5), 56(2)(viii),145B(1), Land Acquisition Act, 1894, S. 28]

Ajay Kumar & Ors. v. ITO (2025) 238 TTJ 953 (Chd.)(Trib.) ITO v. Nachhatar Singh v. ITO (2025) 238 TTJ 953 (Chd.)(Trib.)

S.56: Income from Other Sources-Share Premium-DCF Method-Unrealistic and unverified projections, ignored the ICAI Technical Guide-addition was affirmed. [S. 56(2)(viib), R.11UA (2)(b)]

Kataria Snack Pellets (P.) Ltd. v. ACIT (2025) 238 TTJ 113 (Rajkot)(Trib.).

S. 54: Capital gains-Profit on sale of property used for residence-Exemption-Purchase of new residential house jointly with son-in-law-Deduction cannot be restricted to co-ownership share-Fair market value as on 1-2-2001-Valuation cannot be rejected. [S.45, 48, 55(2)(b)]

ITO v. Neelam Shamsher Kashyap (2025) 238 TTJ 898 / 180 taxmann.com 39 (Mum.)(Trib.)

S. 50C: Capital gains-Full value of consideration-Stamp valuation-Income from Other Sources-Slump sale-Section 50C cannot be applied-If the value of the land and building is lower than the stamp duty value, the provisions of section 56(2)(vii)(b) may apply after valuation by the DVO. The matter was restored to the Assessing Officer for fresh determination.[S. 2(42C), 56(2)(vii)(b), 50B]

Akorn India (P.) Ltd. v. DCIT (2025) 238 TTJ 869 / 180 taxmann.com 249 (Delhi)(Trib.)

S. 48: Capital gains-Mode of Computation-Payment made to settle a rival title claim and remove an encumbrance is deductible while computing capital gains. Amount directly paid by the purchaser to banks for discharge of mortgage is deductible and cannot be taxed in the hands of the assessee. [S. 45, 48(1)]

ITO v. Surendra Nath Gubbala (2025) 238 TTJ 741 / 179 taxmann.com 371 (Visakha)(Trib.)

S. 37(1): Business expenditure-Settlement of patent dispute-Compensation paid for settlement of civil litigation is allowable business expenditure and not hit by Explanation 1 to section 37(1). [S. 37(1), Explns. 1 & 3]

DCIT v. AIA Engineering Ltd. (2025) 238 TTJ 632 / 179 taxmann.com 152 (Ahd.)(Trib.)

S.37(1): Business expenditure-Royalty-Use of land-Power of attorney-Allowable as a deduction. [S.2(47)(vi)]

Balajee Infratech & Constructions (P.) Ltd. v. DCIT (2025) 238 TTJ 568 / 179 taxmann.com 420 (Mum)(Trib).

S. 32: Depreciation-Non-compete fee not eligible for depreciation [S. 32(1)(ii)]

Akorn India (P.) Ltd. v. DCIT (2025) 238 TTJ 869 / 180 taxmann.com 249 (Delhi)(Trib.)

S. 32: Depreciation-Goodwill arising on slump sale-The matter was restored to the Assessing Officer to obtain valuation from the DVO, determine the value of land and building, attribute the balance consideration to goodwill and allow depreciation thereon. [S. 2(42C), 32(1)(ii), 50B, 56(2)(vii)(b)]

Akorn India (P.) Ltd. v. DCIT (2025) 238 TTJ 869 / 180 taxmann.com 249 (Delhi)(Trib.)