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.271D: Penalty-Takes or accepts any loan or deposit-Agent-An agent in a transaction of transfer of immovable property between a buyer and seller, cannot be held liable for penal consequence under section 269SS for receiving, for and on behalf of and handing over money to his principal-Not liable for penalty.[S. 269SS, 273B, Indian Contract Act, 1872, S. 226]
R. Anbuvelrajan v.ACIT (2025) 234 TTJ 113/ 171 taxmann.com 499 (Chennai)(Trib)
S. 271(1)(c): Penalty-Concealment-Disclosure of income in the course of survey-Prior to due date of filing of return-Income returned was accepted-Levy of penalty was deleted. [S.133A, 139(1)]
Ramchandra Udaysingh Jadhavrao v. ACIT (2025) 234 TTJ 543 (Pune)(Trib)
S. 271(1)(c): Penalty-Concealment-Failure to file return-Addition on estimate basis-Levy of penalty is held to be justified, though the addition was made on an estimate basis applying the explanation 3 [S. 139, 148]
Pumpkin Pictures (P) Ltd. v. Dy. CIT (2025) 234 TTJ 34 / 247 DTR 91 (Mum)(Trib)
S. 271(1)(b): Penalty-Failure to comply with notices-Strike by the Tax Bar Association on the first schedule date-Penalty was deleted-Delay of 24 days in filing of appeal was condoned. [S. 142(1), 253(5), 273B
Ravindra Singh v. ITO (2025) 234 TTJ 239 (SMC) (Agra)(Trib)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Penalty for under-reporting and misreporting of income-Direction of CIT to invoke the applicable penalty provisions under section 270A(9)(e) on the entire amount of estimated undisclosed income is bad in law. [S.153A, 270A(2), 270A(9)(e)]
KAG India (P) Ltd. v PCIT (2025) 234 TTJ 566/ 170 taxmann.com 45 (Chennai) (Trib)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Commodity trading-Revision order was quashed and set aside-Cash deposit-No enquiry was made-Revision order was affirmed-Delay in filing of appeal was condoned. [S. 143(3),254(1)]
Jarnail Singh v. PCIT (2025) 234 TTJ 505 (Chd)(Trib)
S. 251: Appeal-Commissioner (Appeals)-Powers-Direction to AO beyond ground of appeal-Violation of natural justice-Failure to issue show cause notice-The directions of the CIT(A) are deleted. [S.69A]
Rengasamy Asaithambi v. ACIT (2025) 234 TTJ 890 (Chennai)(Trib)
S. 251: Appeal-Commissioner (Appeals)-Powers-Jurisdiction-Valid order of transfer-Matter remanded to the file of CIT(A) to decide the issue of jurisdiction. [127 (1), 127(3), 144, 147, 148]
Amit Kumar Gupta v. ITO (2025) 234 TTJ 293/ 171 taxmann.com 16 (SMC) ((Raipur)(Trib)
S. 206C: Collection at source-Trading-Clubbing of income-Credit must be given-AO is directed to give due credit of TDS/TCS of the minor child in the hands of the assessee-Amendment in Finance Bill, 2024 regarding credit of tax collected to be given to persons other than collectee should be held as retrospective in nature and not to detriment of assessee against a legitimate claim [S.64(IA)]
Anshul Anil Goel v. DCIT (2025) 234 TTJ 218 / 171 taxmann.com 382 (Pune)(Trib)
S. 154: Rectification of mistake-Mistake apparent from the record-Enhancement of income-Inadvertent misreporting of income in the return-Affidavit filed by the chartered accountant-The affidavit and the facts stated therein require verification; the order of the CIT(A) is set aside, and the matter is restored to the AO. [S.143(1)]
Monica Capoor v. ITO (2025) 234 TTJ 851 (Delhi)(Trib)