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. 132 : Search and seizure-Bank account of political party was not linked with its PAN-Satisfaction arrived at by revenue to initiate a search and seizure under section 132 could not be held to be perverse or legally untenable-Prohibitory order-Period of 60 days had already expired, prohibitory order had already expired by operation of law and hence could not remain valid.[S.131(IA),132(3), 132(8), Art. 226]

M.M. Varghese v. ADIT (2025) 305 Taxman 105 (Ker)(HC)

S. 127 : Power to transfer cases-Search-On SLP the Court held since transfer had already taken place, if authority concerned wanted to pass an order, it might proceed to do but it would not give a final effect to order till matter was heard on merits. [Art. 136]

Future Gaming and Hotel Services (P.) Ltd. v. PCIT (2025) 305 Taxman 490 (SC) Editorial :Jose Charles Martin v.PCIT (2025) 174 taxmann.com 1196 (Mad)(HC) (para 3), stayed.

S. 80IC : Special category states-Substantial expansion-Entitle exemption of 100 per cent beyond period of five years on ground that it now carried out substantial expansion in terms of section 80-IC(8)(ix) within aforesaid period of ten years in its manufacturing unit. [S.80IC(2), 80IC(3), 80IC(8)(ix), 260A]

J.C. International v. Dy. CIT (2025) 305 Taxman 425 (HP)(HC)

S. 69A : Unexplained money-Search-Real estate projects-Books of account-Seized diaries contained recordings of receipts, which pertained to booking of flats-Not dumb documents-Order of Tribunal confirming the addition was affirmed.[S. 2(12A), 132, 260A]

Shri Om Sai Infrapromoters (P.) Ltd. v. Dy. CIT (2025) 305 Taxman 551 (Delhi)(HC)

S. 68 : Cash credits-Unsecured loans-Amount disclosed cannot be considered as undisclosed-Order of Tribunal deleting the addition was affirmed. [S. 132, 260A]

PCIT (Central) v. R B Farms and Estates (P.) Ltd. (2025) 305 Taxman 576 (Delhi)(HC)

S. 68 : Cash credits-Shell company-Accommodation entries-Commission income was offered-Order of Tribunal deleting the addition as unexplained credits was affirmed by the High Court. [S. 153C, 260A]

PCIT v. Third Generation Traders (P.) Ltd. (2025) 305 Taxman 299 (Delhi)(HC)

S. 68 : Cash credits-Long term capital gains-Sale of shares-Information from Investigationn Wing-Sold shares after holding same for more than seven years-Proximity of time between buy and sale of shares could not be considered as an accommodation entry-High Court affirmed the order of Tribunal. [S. 10(38), 45, 68, 69,260A]

PCIT v. Damodar Jajoo (2025) 482 ITR 154/173 taxmann.com 949 (Guj)(HC) Editorial : SLP of revenue dismissed, PCIT v. Damodar Jajoo (2025) 305 Taxman 10 / 482 ITR 166 (SC)

S. 68 : Cash credits-Long term capital gains-Sale of shares-Information from Investigationn Wing-Sold shares after holding same for more than seven years-Proximity of time between buy and sale of shares could not be considered as an accommodation entry-High Court affirmed the order of Tribunal-SLP of revenue dismissed. [S. 10(38), 45, 68, 69, Art. 136]

PCIT v. Damodar Jajoo (2025) 305 Taxman 10 / 482 ITR 166 (SC) Editotial : PCIT v. Damodar Jajoo (2025) 173 taxmann.com 949 /482 ITR 154 (Guj)(HC)

S. 68 : Cash credits-Capital gains-Exemption-Sale of shares-Report by Investigation Wing-SEBI’s detailed inquiry found no statutory violations-Order of Tribunal deleting the addition and allowing the exemption was affirmed by High Court-SLP delay of 282 days-Delay had not been satisfactorily explained by revenue-SLP dismissed on ground of delay.[S. 10(38), 45, 68, 69 Art, 136]

PCIT v. Neelu Mahansaria (2025) 305 Taxman 493 (SC) Editorial : PCIT v. Neelu Mahansaria(2025) 175 taxmann.com 235 (Guj)(HC)

S. 49 : Capital gains-Previous owner-Cost of acquisition-Immovable property upon liquidation of company in proportion to its shareholding-[S. 45,46(2), 49(iii)(c), 55(2)(b)]

T.R.Balasubramanium v. ACIT (2025) 305 Taxman 119 (Mad)(HC)