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. 115BAA: Certain domestic companies, tax on-Revised return filed after the due date of filing of return was not entertained-SLP of assessee was dismissed.[S. 115JB, 139, Form 10-IC, Art. 136]
Sarla Holdings (P.) Ltd. v. PCIT (2025) 307 Taxman 446 /(2026) 487 ITR 235 (SC) Editorial : Sarla Holdings (P.) Ltd. v. PCIT [2025] 179 taxmann.com 83 (Delhi)(HC)
S. 92C: Transfer pricing-Arm’s length price-Distribution business-No ALP adjustment made by TPO-Separate AMP adjustment was uncalled for-Order of Tribunal affirmed. [S. 260A ]
PCIT v. Sony India (P.) Ltd. (2025) 307 Taxman 173 (Delhi)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Intra-group services-Matter remanded by Tribunal to Transfer Pricing Officer-High Court holding no infirmity in order of Tribunal-SLP of revenue dismissed.[S.92CA(3), Art. 136]
American Express Banking Corporation v. ACIT (2025] 307 Taxman 226 / (2026) 484 ITR 1 (SC) Editorial: American Express Banking Corporation v. ADIT (IT) (2025) 476 ITR 752 (Delhi HC)
S. 80IB(10): Housing projects-Built up area of each flat less than 1000 square feet-Approved construction plan-Unexplained money-Three flats on the same floor were sold at different rates-Rates at which flats were sold were higher than stamp valuation-Order of Tribunal deleting the addition was affirmed-No question of law. [S.69A, 260A]
PCIT, Central v. AHCL PEL (2025) 307 Taxman 317 (Bom.)(HC)
S. 69C: Unexplained expenditure-Bogus purchases-Information for sales tax department-Hawala transactions-Not given an opportunity of cross-examination-Order of Tribunal limiting addition to 15 per cent of alleged purchases was affirmed. [S. 260A]
PCIT v. Ramelex (P.) Ltd. (2025) 307 Taxman 356 (Bom.)(HC)
S. 68: Cash credits-Share application money-Shell company-Mere production of incorporation certificates, PAN numbers, income tax returns, or showing that transactions were routed through banking channels could not discharge the burden of proof under section 68-Assessing Officer’s conclusion was founded upon tangible, cogent and independent evidence, and not on conjecture, addition made by Assessing Officer was justified-Order of Tribunal set side. [S. 260A]
ACIT, Central v. Agrawal Infrabuild (P.) Ltd. (2025) 307 Taxman 153 / (2026) 484 ITR 558 (Chhattisgarh)(HC)
S. 68 : Cash credits-Penny stock-Sun Rise Asian Ltd (SAL)-Long-term capital gains-Order of Tribunal deleting the addition is affirmed.[S. 10(38), 45]
PCIT v. Vinod Premjibhai Gangani (2025) 307 Taxman 146 (Guj.)(HC)
S. 67A: Association of persons-Body of individuals-Member’s share-Member of syndicates engaged in liquor business-Share of assessee in income of syndicate-Not taxable when association of persons taxed at maximum marginal rate-SLP of revenue dismissed. [S.2(31),86, 167B, Art. 136]
PCIT (Central v. Laxmi Narayan Shivhare (2025) 307 Taxman 443 (SC) Editorial : PCIT v. Ramesh Chandra Rai (2024) 168 taxmann.com 43 (MP)(HC)
S. 37(1): Business expenditure-Expenditure debited in the profit and loss account was not claimed as a deduction-Disallowance made by the Assessing Officer is held to be unsustainable-Order quashed. [S. 10(23FBA), 115UB, 143(3), Art.226]
Kedaara Captial Fund II LLP v. ANFAC (2025) 307 Taxman 19 (Bom)(HC)
S. 37(1): Business expenditure-Provision for discount-Order of Tribunal allowing the claim is affirmed. [S.260A]
PCIT v. LTI Mindtree Ltd. (2025) 307 Taxman 25 (Karn.)(HC)