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. 35 : Expenditure on scientific research-Capital expenditure-Outside India-Not eligible for weighted deduction under section 35(2AB)-Eligible for deduction under section 35(1)(iv) of the Act.[S. 35(1)(iv), 35(2AB)]
Mahle Behr India (P.) Ltd. v. DCIT (2025) 211 ITD 485 (Pune) (Trib.)
S. 32 : Depreciation-Not claimed-Commercial manner-As per Explanation 5 to section 32(1), depreciation was to be allowed while computing its income in a commercial manner. [S.11, 12, 12A, 32 (1)]
Vidya Kunj School. v. ITO (2025) 211 ITD 11(SMC) (Raipur) (Trib.)
S. 28(i) : Business income-Power generation-Interest income-Loans and advances to employees-interest income earned from loans and advances provided to employees is incidental to business of power generation and qualified as business income and not as income from other sources.[S. 56]
DCIT v. Gujarat State Electricity Corporation Ltd. (2025) 211 ITD 405 (Ahd) (Trib.)
S. 26 : Income from house property-Co-owners-Association of persons-Maximum marginal rate-Tax rate applicable to individual Co-owners-Matter remanded to the Assessing Officer.[S. 22, 167B]
Nam Group Aslali. v. Assessing Officer, CPC (2025) 211 ITD 369 (Ahd) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-No exempt income during year-No disallowance can be made.[R.8D]
JIL Information Technology Ltd. v. ACIT (2025) 211 ITD 277 (Lucknow) (Trib.)
S.14A : Disallowance of expenditure-Exempt income-Merely because the AO did not expressly record his dissatisfaction about assessee’s calculation-The conclusion of the AO cannot be rejected-Only those investments are to be considered for computing disallowance under section 14A which yielded exempt income during year.[R.8D]
Kotak Mahindra Bank Ltd. v. DCIT (2025) 211 ITD 608 (Mum.) (Trib.)
S. 12AB : Procedure for fresh registration-Failure to file details-Provisional registration was cancelled-Matter remanded subject to cost of Rs. 10,000 imposed on the assessee. [S. 12A, 80G, Form No.10AB]
Surat Diamond Cutting & Polishing Cluster SPV Trust. v. CIT (2025) 211 ITD 143 (Surat) (Trib.)
S. 12AB: Procedure for fresh registration-Natural justice-Failure to issue show cause notice-Matter is remanded back to Commissioner (E).[S. 11, 12AA, R.11AA]
Ram Phool Hooda Charitable Trust. v. CIT (2025) 211 ITD 411 (Delhi) (Trib.)
S. 12AA : Procedure for registration-Trust or institution-Not given finding on merits-Order of CIT(E) is set aside. [S.11, 12A(1)(ac)(vi)]
Inclusive Recycling Foundation. v. CIT (2025) 211 ITD 385 (Pune) (Trib.)
S. 12A : Registration-Trust or institution-Rejection of application-Matter is remanded back to Commissioner (E) with a direction to decide application for registration afresh after providing reasonable opportunity of hearing to assessee. [S. 12AB]
Chandragupt Shephards Welfare Association. v. CIT (2025) 211 ITD 576 (Pune) (Trib.)