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. 92C : Transfer pricing-CUP method-TPO adopting CUP method unjustified where in subsequent years assessee’s benchmarking method was accepted-Order of Tribunal affirmed. [S. 260A]
PCIT v. Thyssen Krupp Electrical Steel India (P.) Ltd. [2023] 154 taxmann.com 441 (Bom)(HC)
S. 69C: Unexplained expenditure-Bogus purchases-Restricting addition to the extend of seven percentage of alleged bogus purchases-No question of law-Order of Tribunal was affirmed. [S.37(1), 69C, 260A].
PCIT v. Pravin U. Parmar (Jain) (2025) 474 ITR 171 (Bom)(HC)
S. 69C: Unexplained expenditure-Bogus purchases-Information from sales tax department-Suspicious dealers-Only profit attributable on total purchase consideration could be subject to income-tax-Not entire purchase.[S. 260A]
PCIT v. Bharat Copy Centre (P.) Ltd. [2023] 155 taxmann.com 211 (Bom)(HC)
S. 69C : Unexplained expenditure-Bogus purchases-Tribunal justified in restricting addition to 8% GP on impugned purchases, as purchases were genuine and paid by cheque. [S. 133(6),
260A]
PCIT v. Hiren C. Parekh [2023] 153 taxmann.com 470 (Bom)(HC)
S. 69A : Unexplained money-Seizure at airport-Professional income explained-Competent authority was directed to return seized cash. [S. 131(1A),Art. 226]
Ramchandra K. Mendadkar v. UOI [2023] 154 taxmann.com 440 (Bom)(HC)
S. 69A : Unexplained money-Accommodation bills-Burden of proof-Assessee was not obliged to produce third-party books-Order of Tribunal deleting the disallowance was affirmed.[S. 260A]
PCIT v. M. Dinshaw & Co. (P.) Ltd. [2023] 156 taxmann.com 170 (Bom)(HC)