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-Deposit in bank-The deposits are backed by equivalent withdrawals or immediate transfers, the entire deposit amount should not be treated as unexplained income-Net profit rate of 1 per cent on entire deposit is confirmed.

Pankaj Pyarelal Khemka v. ITO [2025] 210 ITD 585 (Mum)(Trib.)

S. 68 : Cash credits-Agriculturist-Bank deposits-Non-filing of ITR-additions on account of unexplained cash deposited in savings bank account & income from LTCG on the sale of agricultural land-ex-parte assessment order-Assessee was required to substantiate his income before the AO with proper and supporting evidence-matter remanded.

Dnyaneshwar Baburao Kathe v. ITO (2025) 210 ITD 85 (Pune) (Trib.)

S. 68 : Cash credits-Demonetisation-Specified Bank notes-Sales-Matter remanded to the Assessing Officer.[S. 115BBE]

B. K. Rajanna v. ITO (2025) 210 ITD 677 (Bang.) (Trib.)

S. 68: Cash credits-Share capital-Share premium-Assessee had demonstrated that subscribing companies were having adequate reserves and surpluses to invest-Addition is deleted.

Karni Infraprojects (P) Ltd. v. ITO (2025) 233 TTJ 465 / 173 taxmann.com 576 (Kol) (Trib)

S. 56: Income from other sources-Stamp valuation-Allotment letter-Registration-AO made addition as stamp duty value more than consideration paid-Consideration paid was as per allotment latter and not date of registration-Entitled to the benefits of proviso to Section 56(2)(vii)(b). [S. 56(2)(viib), 143(2)]

Manjulaben Himmatlal Jain v. ITO (2025) 233 TTJ 345 (Mum) (Trib)

S. 56: Income from other sources-Interest on compensation-Assessable as income from other sources. [S.10(37), Land Acquisition Act, 1894, S 28]

Vachaspati Sharma v. ITO (2025) 210 ITD 537 (Delhi) (Trib.)

S. 56: Income from other sources-Share premium-Conversion of a loan into share capital does not exonerate the assessee from the application of S.56(2)(viib)-Addition is affirmed. [S. 56(2)(viib)]

Parasmani Gems (P.) Ltd. v. Dy. CIT [2025] 210 ITD 215 (Ahd)(Trib.)

S. 56 : Income from other sources-Purchase of properties/payment of sale consideration & taking possession of property-Subsequent registration of sale Deed in the relevant AY-Addition deleted-Non-speaking order-Violation of principles of natural justice. [S. 56(2)(x)(b)]

Babubhai Ramanbhai Patel v. ITO (2025) 210 ITD 165 (Ahd.) (Trib.)

S. 54F: Capital gains–Investment in residential house-50% ownership in property-Does not own more than one house at the time of the transfer of the original capital asset, would be entitled to claim the exemption u/s.54F, even if they lack absolute ownership of the property they are selling. [S. 45]

Rajeev Vasudeva v. Dy. CIT [2025] 210 ITD 442 (Delhi)(Trib.)

S. 54 : Capital gains-Profit on sale of property used for residence-Property purchased by HUF-Through General Power of Attorney held by a coparcener-Held, valid transaction-Eligible for exemption. [S. 45]

Dhanraj Kochar (HUF) v. Dy.CIT (2025) 233 TTJ 636 (Chennai)(Trib)