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-Remand-Cross appeal-Power should not be exercised in an arbitrary manner.[S. 260A]

Kapil Foods and Structures Pvt. Ltd v. Dy. CIT (2025) 483 ITR 586 (Telengana)(HC)

S. 254(1): Appellate Tribunal-Duties-Cross objection-Cross-objection only to support first appellate order and no arguments advanced in support thereof-Appeal for other two years Adjudication of issue would apply mutatis mutandis to remaining two assessment years-No question of law arises.[Form No 36A, S. 260A]

Essence Commodities Pvt. Ltd v. ACIT (2025) 483 ITR 374 (MP)(HC)

S. 245C : Settlement Commission-Settlement of cases-Matter remanded to Settlement Commission-High Court-Review Power limited Review petition not entertainable unless there is an error apparent on face of record [S. 245H, Art. 226, Civil Procedure Code, 1908, s. 114, Sch. 1, O. 47, r. 1.]

CIT v. Standard Farms Pvt. Ltd. (2025) 483 ITR 621 (Delhi)(HC) CIT v. Raheja Builders Pvt Ltd 2025) 483 ITR 621 (Delhi)(HC) Editorial : SLP dismissed, Standard Farms Pvt. Ltd. v. CIT (2025) 480 ITR 496 (SC).

S. 245C : Settlement Commission-Settlement of cases-Failure of Settlement Commission to record satisfaction that assessee has made full and true disclosure as to income and manner of earning it-Grant of immunity not in accordance with law-Matter remanded to Settlement Commission. [S.245H, Art. 226]

CIT v. Raheja Builders Pvt. Ltd.(2025) 483 ITR 619 (Delhi)(HC) CIT v. Standard Farms Pvt Ltd (2025) 483 ITR 619 (Delhi)(HC) Editorial : Refer to CIT v. Standard Farms Pvt. Ltd. (2025) 483 ITR 621 (Delhi)(HC), SLP dismissed, Standard Farms Pvt. Ltd. v. CIT (2025) 480 ITR 496 (SC).

S. 245C : Settlement Commission-Settlement of cases-Conditions-Bogus purchases-Conduct of assessee not showing co-operation in proceedings-Disclosure was not full and true-Order of settlement commission set aside. [S. 245D(4), 245H(1), Art. 226]

CIT v. ITSC(2025) 483 ITR 606 (Delhi)(HC)

S. 244A : Refunds-Interest on refunds –Equalisation levy-Refund Interest on refund equalisation levy paid by assessee after three years compensation for use and retention of money collected in excess-Direction for payment of interest at rate of six per cent. From April 1 of the year following the financial year in which excess payments were made by assessee till date of actual refund-When the collection is illegal, there is a corresponding obligation on the Department to refund such amount with interest inasmuch as they have retained and enjoyed the money deposited. A refund due and payable to the assessee is a debt owed and payable by the Department.[Finance Act, 2016, ss. 164(i), 165, 166, 168(1), Art. 226]

Group M Media India Pvt. Ltd. v. Dy. CIT (IT) [2023] 157 taxmann.com 487 / (2025) 483 ITR 593 (Bom)(HC)

S. 226 : Collection and recovery-Modes of recovery-Stay-Pendency of appeal before CIT(A)-20 per cent of demand Computation of such amount-Amounts deducted and collected at source to be factored-The Assessing Officer could not have recovered more than 20 per cent of demand. [S. 156, 246A, 250, Art. 226]

Orion Security Solutions Pvt. Ltd. v.Dy. CIT [2023] 155 taxmann.com 411 / (2025) 483 ITR 209 (Delhi)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Order passed beyond reasonable time-Barred by limitation-Deduction of tax at source default after four years from financial years in question. [S. 201(1) 201(IA), 260A]

ITO v. Indian Oil Corporation Ltd. (2025) 483 ITR 60 (Patna)(HC)

S. 197 : Deduction at source-Certificate for lower rate-Assessing Officer passed an order on the assessee’s application under section 197 of the Income-tax Act, 1961 determining the rate of deduction of tax of 0.80 per cent. instead of lower rate of 0.35 per cent. on payments covered by section 194-0-Order set aside.[S.194-O, Art. 226]

Kay Kay Overseas Corporation v.Dy. CIT (2025) 483 ITR 63 (Bom)(HC)

S. 158BB: Block assessment-Computation-Undisclosed income –Books and documents discovered during search-Addition is valid. [S. 132, 260A]

Satyendra Kumar alias Satyendra Kumar Singh.v CIT (2025) 483 ITR 359 (Pat)(HC)