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. 147 : Reassessment -With in four years-Donation-CSR expenditure-Change of opinion-Reassessment notice and order disposing the objection is quashed-SLP of revenue dismissed for failure to explain gross delay of 268 days. [S. 37(1), 80G, 147, 148, Art. 136]
Dy. CIT v. Castrol India Ltd. (2025) 304 Taxman 658 (SC) Editorial : Castrol India Ltd v. Dy.CIT (2024) 299 Taxman 71 (Bom)(HC)
S.147: Reassessment- Unexplained investments-Low tax effect-Report of enquiry Commission -Miscellaneous application- Three weeks time to get further instructions was to be granted to both assessee and revenue as jointly prayed for.[S. 268A, Art. 136]
PCIT v. Rawmin Mining and Industries (P.) Ltd. (2025) 304 Taxman 272 (SC)
S. 147 : Reassessment-Cash credits-Change of opinion- Delay of 185 days in filing SLP-SLP of revenue dismissed on account of delay and also on merits. [S. 68, 148, Art. 136]
ITO v. Hemanshu Ramniklal Shah (2025) 304 Taxman 610 / 482 ITR 147 (SC) Editorial : Hemanshu Ramniklal Shah v.ITO (2025) 171 taxmann.com 19/482 ITR 138 (Guj)(HC)
S.147: Reassessment-After the expiry of four years-Business loss-Stock broking-Change of opinion- Order of High Court quashing the reassessment order was affirmed-SLP of revenue dismissed. [S. 28(i), 148, Art. 136]
ACIT v. Emkay Global Financial Services Ltd. (2025) 304 Taxman 185 / 482 ITR 286 (SC) Editorial : Emkay Global Financial Services Ltd v.ACIT (2024) 465 ITR 763 / 160 taxmann.com 275 (Bom)(HC)
S. 143 (3): Assessment-Show cause notice-Writ petition was dismissed with cost of Rs.25000, which is payable to Tata Memorial Hospital. [Art. 226]
Anil Dhirajlal Ambani v. Dy. DIT (2025) 304 Taxman 518 (Bom.)(HC)
S. 143(3) : Assessment-Assessment order was passed manually without mentioning Document Identification Number (DIN)-Alternative remedy -Writ petition was not maintainable. [Art. 226]
Philips India Ltd. v. Dy. CIT (2025) 304 Taxman 520 (Cal.)(HC)
S. 119 : Central Board of Direct Taxes-Circular- Property held for charitable purposes-Form No 10B field manually within prescribed time-Delay in electronically uploading the form-Affidavit of Chartered Accountant-Delay is condoned-Directed to grant exemption. [S. 11, 139(9), Form No.10B, Art. 226]
Borivli Education Society v. CIT (E) (2025) 304 Taxman 34 (Bom.)(HC)
S. 92C : Transfer pricing-Arms’ length price-Avoidance of tax -International transaction-TNMM- While determining ALP of international transactions, benchmarking should be done only on associated enterprise or related party transactions and not with respect to entire turnover.[S. 260A]
PCIT v. Terex India (P.) Ltd. (2025) 304 Taxman 282 (Bom)(HC)
S. 92C : Transfer pricing-Arms’ length price-Avoidance of tax -International transaction- Business of distribution of solar products- There was no value addition done by assessee on products purchased and subsequently sold by it. On facts, assumption of TPO was erroneous and RPM was most appropriate method-Order of Tribunal affirmed. [S.92CA, 260A]
PCIT v. D. Light Energy (P.) Ltd. (2025) 304 Taxman 426 (Delhi)(HC)
S. 92C : Transfer pricing-Arms’ length price– Avoidance of tax -International transaction-Gross delay of 434 days in filing SLP had not been satisfactorily explained by revenue- SLP of revenue dismissed.[Art. 136]
PCIT v. Fujitsu India (P.) Ltd. (2025) 304 Taxman 657 (SC) Editorial : PCIT v. Fujitsu India (P.) Ltd(2024) 296 Taxman 197 (Delhi)(HC)