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. 263: Commissioner-Revision of orders prejudicial to revenue-Charitable purpose-Objects of general public utility-Providing a platform for conducting transactions of member banks-Charging only nominal fees to recover cost of infrastructure and operations-Assessing Officer, after making specific inquiries, allowed exemption under section 11-Revision order was quashed and set aside.[S. 2(15), 11, 12, Companies Act, 1956, S. 25]
National Payments Corporation of India. v. CIT (E) (2025) 215 ITD 350 (Mum) (Trib.)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Expenditure on scientific research-DSIR’s quantification of eligible R&D expenditure in Form 3CL was mandatory-Failure to quantify the deduction-assessment order erroneous and prejudicial to the interests of revenue. [S. 35(2AB),143(3), R.6(7A)]
Pharmanza Herbal (P.) Ltd. v. PCIT (2025) 215 ITD 273 (Ahd) (Trib.)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Donation to political party-Bogus donation-Kisan Party of India-Allowed deduction after verifying supporting documents and evidence-No direct incriminating material against assessee-Revision order was quashed.[S.80GGC, 132]
Vitthaldas Nathubhai Shah. v. PCIT (2025) 215 ITD 77 (Ahd) (Trib.)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Deemed dividend-Assessing Officer passed assessment order in accordance with limited scrutiny assessment and did not make inquiries on issue of amount received by assessee company as loan from another company which was outside scope of CASS selection-Order cannot be treated as erroneous-Revision order was quashed-Tribunal also held that the deemed dividend can be taxed only in hands of shareholder of lending company, and not in hands of concern in which such shareholder is interested. [S. 2(22)(e), 143(3)]
Kesar Buildcon (P.) Ltd. v. PCIT (2025) 215 ITD 1 (Ahd) (Trib.)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Deduction-Rectification application of revenue was dismissed. [S. 80P (2)(d)]
ITO v. Bhoomi Classic Co-op HSG. Soc. Ltd.(Mum) (Trib.)(UR)
S. 254(1): Appellate Tribunal-Powers-Delay of 1370 days-Reasons for delay unexplained-Delay was not condoned.[S. 253]
Attivo Protezione (P.) Ltd. v. ITO (2025) 215 ITD 463 (SMC) (Mum) (Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Expenditure on scientific research-Ex parte order-Matter was remitted back to CIT(A) for de-novo adjudication.[S. 35(1)(ii), 250, 254(1)
Axiomatic iTech (P.) Ltd. v. ITO (2025) 215 ITD 625 (Ahd) (Trib.)
S. 199: Deduction at source-Credit for tax deducted-Sale of property-Received part consideration in a later year-Income was offered in earlier year-Deduction of TDS at time of part settlement was to be allowed to assessee. [S. 143(1), R. 37BA]
Yogesh Gandhi. v. ACIT(2025) 215 ITD 662 (Delhi) (Trib.)
S. 199: Deduction at source-Credit for tax deducted-Takeover of business-Income had been taxed in the hands of assessee-company and partnership firm had not claimed credit, assessee was entitled to credit of tax deducted at source. [S.143(1), Rule 37BA]
Upasani Super Speciality Hospital (P.) Ltd. v. ITO (2025) 215 ITD 231 (Mum) (Trib.)
S. 199: Deduction at source-Credit for tax deducted-Failure to deposit tax deducted at source by employer-No TDS credit in Form 26AS-TDS credit based on salary slips, assessee could not be denied TDS credit merely due to employer’s fault.[S. 205, Form 26AS]
Antaash Sheikh. (Mrs) v. ITO (2025) 215 ITD 114 (Bang) (Trib.)