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. 254(1): Appellate Tribunal-Powers-Pendency of application before Settlement Commission-Tribunal condoned the delay and directed the CIT(A) to decide on the merits-High Court affirmed the order of the Tribunal-SLP of revenue dismissed. [S. 245F(2), Art. 136]
PCIT v. MD Industries (P.) Ltd. (2025) 307 Taxman 301 (SC) Editorial : PCIT v.MD Industries (P) Ltd ([2025] 172 taxmann.com 91 / 473 ITR 744 (Guj) (HC)
S. 254(1): Appellate Tribunal-Powers-Condonation of delay-Delay of six to seven years-Documents were handed over to the counsel-Mistake of counsel-High Court affirming the order of the Tribunal held that there is no general proposition that mistake of counsel by itself is always a sufficient ground for condonation of delay-Order of High Court affirmed-SLP of assessee dismissed. [Art. 136]
C.I. Builders (P.) Ltd. v. Pr. CIT (2025) 307 Taxman 2 / (2026) 484 ITR 192 (SC) Editorial: C.I. Builders (P.) Ltd. v. PCIT (2025) 305 Taxman 217 (MP) (HC)
S. 226 : Collection and recovery-Modes of recovery-Order set aside by the Tribunal-Order of attachment was directed to be lifted. [S. 153A, Art. 226]
JSR Infra Projects (P.) Ltd. v. TRO (2025) 307 Taxman 578 (Mad)(HC)
S. 158BC: Block assessment-No satisfaction note-Delay of 595 days-SLP dismissed on account of delay and also on merits. [S. 132, Art. 136]
CIT v. Vijay Goel (2025) 307 Taxman 445 (SC) Editorial: CIT v. ITAT (2025) 179 taxmann.com 409 (Bom) HC)
S. 151: Reassessment-Sanction for issue of notice-Approval granted after expiry of three years-SLP delay of 411 days-SLP of revenue was dismissed on account of delay as well as on merits. [S.148, 148A(b), 148A(d), 149(1)(b), Art. 136]
ACIT, IT v. LinkedIn Singapore Pte. Ltd. (2025) 307 Taxman 524 (SC) Editorial: Linkedin Singapore PTE. Ltd. v. ACIT(IT) [2025] 179 taxmann.com 412 (Bom)(HC)
S. 150: Assessment-Order on appeal-Survey-Direction issued by the CIT(A) beyond the limitation period-No assessment or reassessment could be made as the time period prescribed under section 149 had already expired-Assessing Officer could not have reopened assessment in compliance with said direction.[S. 133A, 148, 149, 150(1),250, Art. 226]
Shubh Buildcon v. ITO (2025) 307 Taxman 181 (Guj.)(HC)
S. 149: Reassessment-Time limit for notice-Concession given by Additional Solicitor General (ASG)-Notice under section 148 dated 5-4-2022, and all consequential orders/notices were to be quashed.[S. 148, 149(1)(b),151, Art. 226]
Cherian Nallathu Abraham Annamma v. ITO, IT (2025) 307 Taxman 367 (Bom.)(HC)
S. 149: Reassessment-Time limit for notice-Concession made by Additional Solicitor General before the Supreme Court as recorded in Rajeev Bansal-Notice being barred by limitation was to be dropped, and consequently reassessment order, demand notice and penalty notices were quashed and set aside. [S. 148, 148A(b), 148A(d), Art. 226]
Verjinia Foods Ltd. v. ITO (2025) 307 Taxman 563 (Bom.)(HC)
S. 149: Reassessment-Time limit for notice-Surviving period-date of earlier notice under section 148 read with TOLA up to 30-06-2021, last permissible date for issuance of reassessment notice under section 148 would be 18-06-2022-Notice dated 27-07-2022 issued under section 148 having been issued beyond surviving time was invalid [S. 148, 148A(b), 148A(d), Art. 226]
Opera Exports (P.) Ltd. v. ACIT (2025) 307 Taxman 65 (Guj.)(HC)