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
Click here to download the pdf versions of the Digest of case laws

S. 35 : Expenditure on scientific research-Bogus Donation-IMSRF was not notified under section 35(1)(ii), deduction claimed by assessee was disallowed-Reopening of assessment was affirmed.[S.35(1)(ii), 147, 148]

Vardhman Polytex Ltd. v. ACIT (2025) 213 ITD 594 (Chd) (Trib.)

S. 32: Depreciation-Amalgamation-Goodwill-If consideration paid by the amalgamated company to the amalgamating company is more than the net assets acquired by it, then the differential amount shall be treated as goodwill, and the amalgamated company shall be eligible for a claim of depreciation on such goodwill. [S.2(IB),43(1)]

ACIT v. Mcfills Enterprises (P.) Ltd. (2025) 213 ITD 573 (Ahd) (Trib.)

S. 32 : Depreciation-Lease of factory-Allowed earlier years-Allowed the depreciation.

Appasaheb Nalawade Gadhinglaj Sahakari Sakhar Karkhana Ltd. v. ACIT (2025) 213 ITD 569 (Pune) (Trib.)

S. 23: Income from house property-Annual value-Stock-in-trade-Notional rent has to be determined on vacant unsold flats held as stock-in-trade as ‘Income from house property-No addition could be made to the assessment year before assessment year 2018-19 on such notional rent. [S. 22, 23(4)(b), 23(5)]

Ramesh Dungarshi Shah. v. DCIT (2025) 213 ITD 96 (Mum) (Trib.)

S. 22: Income from house property-Rent reimbursed to purchasers-Not assessable in the hands of assessee.[S. 23]

ACIT v. Delhi Buildwell (P.) Ltd. (2025) 213 ITD 291 (Delhi) (Trib.)

S.14A: Disallowance of expenditure-Exempt income-Disallowance cannot exceed the exempt income.[R.8D]

Parasmal Ravindra Kumar. v. ITO (2025) 213 ITD 276 (Chennai) (Trib.)

S. 12AB: Procedure for fresh registration-Violation of the principle of natural justice-Rejection of application without giving specific reasons-Order of CIT(E) was set aside, and the matter was remanded to adjudicate the application afresh. [S. 12A]

Medeng Unicus Society. v. ITO (E) (2025) 213 ITD 699 (Visakha) (Trib.)

S. 12AB: Procedure for fresh registration-Denial of registration-Application was filed beyond the date specified in law-Rejection of application was affirmed.[S. 11]

Aareev Foundation. v. CIT (E) (2025) 213 ITD 661 (Ahd) (Trib.)

S. 12AB: Procedure for fresh registration-Promote skill development-Charging 10 per cent management fee-Eligible for registration and exemption under section 80G of the Act.[S.80G]

NSDC Skill Impact Trust. v. CIT(E) (2025) 213 ITD 629 (Delhi) (Trib.)

S. 12AB: Procedure for fresh registration-Cancellation of registration-Failure to comply with notices and to file supporting documents-Rejection of application by CIT(E) was set aside and directed to decide the application as per law.[S.11, 12]

Ladhabapa Charitable and Welf Trust v. CIT (E) (2025) 213 ITD 601 (Rajkot)(Trib.)