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. 14A: Disallowance of expenditure relating to exempt income – For the purpose of Rule 8D, only investments which have actually yielded exempt income during the year can be considered – No disallowance of interest where own funds exceed investments – Presumption that investments are made out of interest-free funds. [R. 8D(2)(ii), 8D(2)(iii)]
Manugraph India Ltd. v. ACIT (Mum.)(Trib.) www.itatonline.org
S. 69: Unexplained investments – Property purchased in the name of daughter – Entire consideration paid directly by father from disclosed bank account out of natural love and affection – Identity of father, payment trail and source of funds established – Absence of formal gift deed cannot justify addition – Addition deleted. [S. 148A, 147, 115BBE]
Sameena Shamsuddin Sayed v. ITO (Mum.)(Trib.) www.itatonline.org .
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.
S. 4: Undisclosed foreign income and assets-Offences and prosecution-Personal appearance of accused Effect of section 205 of the Code of Criminal Procedure-Discretion to dispense with personal appearance Black Money (Undisclosed Foreign Income and Assets) and Imposition of tax Act, 2015-Criminal Procedure Code, 1973, S. 205.
Gaurav Kumar Chopra v. UOI (2025) 483 ITR 324 (Cal)(HC)
S. 285BA : Obligation to furnish annual information return-Penalty-No proper explanation for delay-Imposition of penalty justified [S.273B, Art. 226]
Sub Registrar, Sri. V.G. Cleetus v. DIT (IT) (2023) 154 taxmann.com 546 / (2025) 483 ITR 21 (Ker)(HC)
S. 276B: Offences and prosecutions-Failure to pay to the credit tax deducted at source-Assessee depositing tax deducted at source belatedly with penalty-Deputy Commissioner directed to consider assessee’s reply and afford opportunity of hearing [S. 276BB, Art. 226]
Sooriya Hospital v. Dy. CIT (2025) 483 ITR 428 (Mad)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Failure to deposit tax deducted at source-tax and interest had been deposited before prosecution was launched-Prosecution not valid.[S. 278B, Art. 226]
A.M. Enterprises v. State of Jharkhand (2025) 483 ITR 146 (Jharkhand)(HC)
S. 275 : Penalty-Bar of limitation-Notice for levy of penalty must be issued before expiry of limitation-Notice was barred by limitation. [S.274, 275(1)(c)]
PCIT v. Thapar Homes Ltd.(2025) 483 ITR 248 (Delhi)(HC)
S. 275 : Penalty-Bar of limitation-Concealment-Penalty should be levied within a reasonable time-Order levying penalty eleven years after passing of assessment order and fourteen years after return-Held to be not valid. [S. 271(1)(c), 275(1)(c)] was filed Not valid-Income-tax Act, 1961, s. 275(1)(c).
PCIT v. Hindustan Coca Cola Beverages Pvt. Ltd (2025) 483 ITR 109 (Delhi)(HC)
S. 275 : Penalty-Bar of limitation-First appellate order was received in the financial year 2006-2007-The penalty should have been imposed within March 31, 2008 as per the proviso, especially when the order was one passed after June 1, 2003-The orders were passed on March 31, 2009 much after the limitation period-Not valid.[S.260A, 275(1)(a)]
Mahesh Kr. Agarwal @ Mahesh Agarwal v. Dy. CIT (2025) 483 ITR 57 (Pat)(HC)
S. 271E: Penalty-Repayment of loan or deposit-Book entries discharge of liabilities-Repayment of loan in cash-No evidence that loan was repaid in cash-Penalty not imposable. [S. 269SS, 269T]
Anamallais Bus Transports Pvt. Ltd v. PCIT [2024] 158 taxmann.com 245 / (2025) 483 ITR 659 (Mad)(HC)