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. 68: Cash credits-Partner’s capital contribution –Partner was assessed to tax, and the source of the capital contribution was proved-Addition in the hands of the firm was not sustainable.

Anjana Construction v. ACIT (2025) 128 ITR 148 (Jodhpur)(Trib.)

S. 56: Income from other sources-Issue of shares at premium -Fair Market Value -Discounted Cash Flow (DCF) Method -Amendment to valuation rules -Applicable to pending proceedings -Addition was deleted. [S. 56(2)(viib), R.11UA (2)(b)]

East Delhi Leasing (P.) Ltd. v. ITO [2025] 128 ITR 6 (Delhi) (Trib)

S.54F: Capital gains-Investment in a residential house-Delay in completion of construction due to circumstances beyond assessee’s control -Exemption allowable. [S. 45]

Rajni Kumar v. ITO (2025) 128 ITR 246 // 178 taxmann.com 543 / 237 TTJ 73 (UO) (Delhi)(Trib.).

S. 45(5A): Capital gains -Joint Development Agreement -No taxation of consideration which had not accrued -Matter remanded-Delay of 458 in filing the appeal was condoned. [S. 2(47)(v),45, 56(2)(x), 254(1), Transfer of Property Act, 1882, S. 53A]

Shree Sai Constructions v. Dy. CIT, NFAC (2025) 128 ITR 441 (Mum.)(Trib.).

S.45: Capital gains -Capital asset -Agricultural land-Tests to be applied-Whether land qualifies as agricultural land is a question of fact requiring cumulative consideration of multiple factors-Mere mention of agricultural land in revenue records is not sufficient if the land is not actually used for agriculture or is sold for non-agricultural purposes-Matter remanded. [S. 2(14)(iii)]

Snehlata Goel (Mrs) v. DCIT [2025] 180 taxmann.com 364(2026) 134 ITR 11 (Mum)(Trib)

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Services rendered and utilised outside India -No tax deductible at source -Disallowance was deleted. [S. 9(1)(vii)(b), 195]

QAI India Ltd. v. Dy. CIT (2025) 128 ITR 445 (Delhi)(Trib.).

S. 37(1): Business expenditure -Business set up but not commenced -Expenditure allowable after setting up of business. [S. 4, 28, 56, 57(iii)]

Shapoorji Pallonji Energy (Gujarat) (P.) Ltd. v. Dy. CIT (2025) 128 ITR 427 (Trib.).

S. 37(1): Business expenditure -Ad hoc disallowance -No defect in books of account or audited accounts -Disallowance not sustainable. [S. 44AB, 145]

Sarvodaya Mining Services v. Asst. CIT (2025) 128 ITR 267 (Jodhpur)(Trib.).

S. 37(1): Business expenditure-Foreign exchange fluctuation loss -Mark-to-market loss -Reinstatement of assets and liabilities -Allowable as a deduction. [S.28(1)]

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi) (Trib.)

S.37(1): Business expenditure-Grants-in-aid -Expenditure for promotion of housing and urban development -Allowable as a deduction.

Housing & Urban Development Corporation Ltd. v. DCIT [2025] 128 ITR 387 (Delhi)(Trib.)