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. 151 : Reassessment-Sanction for issue of notice-Order passed by ignoring the revised return filed by assessee-No satisfaction recorded by Pr. CIT before granting approval-Reassessment order was quashed and set aside. [S. 147, 148]

Pradeep Kumar Banerjee v. CIT (A) (Kol.)(Trib) (UR)

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC-Assessee was to be directed to file Form No. 10IC within one month from the date of receipt of this order.[Form No 10IC]

Sanjana Clothings (P.) Ltd. v. AID, CPC (2025) 215 ITD 256 / 238 TTJ 446 (Indore) (Trib.)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained cash-Demonetisation-Recorded reason for reopening under section 148A(d) was found incorrect-Addition made on the basis of recorded reasons was deleted by CIT(A)-No further additions beyond the original reason could be sustained-All additions made without jurisdiction were deleted.[S.69A, 147, 148, 148A(b), 148A(d)]

Ashok Kumar. v. Assessment Unit (2025) 215 ITD 70 (Dehradun) (Trib.)

S. 147: Reassessment-Legal representatives-Information from Investigation Wing-Assessment orders were framed in the name of deceased assessee-Reopening notice and assessment orders were quashed and set aside. [S. 148, 159]

Lalita Agarwal v. ACIT (2025) 215 ITD 499 (Delhi) (Trib.)

S. 147: Reassessment-Change of opinion-Interest-free advances-No fresh information-Reassessment was quashed-Notional Interest-Order of CIT(A) deleting the notional interest was affirmed. [S. 4, 28(i),37(1), 143(3), 148]

ACIT 3 (2) (1) v. Solapur Yedeshi Tollway Ltd. (2025) 215 ITD 395 (Mum) (Trib.)

S. 145: Method of accounting-Estimation of income-Income recognition-Toll contractor awarded with a 15-year toll collection and maintenance contract-Only net consideration as income instead of gross receipts and expenses-Assessing Officer was not right in taxing gross income and ignoring estimated maintenance costs.[S. 4, 5]

Maharashtra State Road Development Corporation Ltd. v. ITO (2025) 215 ITD 532 (Mum) (Trib.)

S. 145: Method of accounting-Project completion method (PCM)-Real estate developers-Consistently accepted-Application of Percentage Completion Method by Assessing Officer was unjustified-Survey-Merely on basis of a statement recorded during survey proceedings under sections 133A/131, without any corroborative evidence, could not be sustained. [S.131, 133A]

DCIT v. Amardeep Constructions. (2025) 215 ITD 322 (Mum) (Trib.)

S. 144C: Reference to dispute resolution panel-Limitation-Final assessment order dated 28-06-2022 was passed after DRP directions on 22-4-2022-Beyond the time limit prescribed under section 144C(13) Barred by limitation-Order was quashed.[S.92CA, 144C(13)]

BMW India (P.) Ltd. v. ACIT (2025) 215 ITD 21 (Delhi) (Trib.)

S. 80P: Co-operative societies-Commission income from MSEDCL Bill Collection-Services rendered to members-Entitled to exemption. [S.80P(2) (c)]

DCIT v. Jaimuni Sahakari Patpedhi Maryadit, (Mum)(Trib)(UR)

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Total income-Long Term Capital Gain, would be 22 per cent as per section 115BAA and not 20 per cent under section 112. [S. 112]

Maharishi Education Corporation P. Ltd. v. ITO (2025) 215 ITD 320 (Delhi) (Trib.)