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
Click here to download the pdf versions of the Digest of case laws
S.87A :Rebate to be allowed in computing income-tax-Tax on income of individuals and Hindu undivided family-Public interest lititgation-Return of income-The Income Tax Department should keep its online filing utility open and not block taxpayers from claiming rebates under Section 87A of the Income-tax Act, 1961, based on its interpretation. [S. 115BAC, 139,,139(5) 139D, Art. 226]
Chamber of Tax Consultant v. DGIT (Systems) (2025) 473 ITR 85/ 303 Taxman 451/342 CTR 143 (Bom.) (HC)
S. 86: Share of member of an association of persons-Income derived by various syndicates in which assessee was found one of the members, was required to be assessed in the hands of such syndicates only and a direct assessment in hands of assessee could not have been made in respect of such income derived by syndicates. [S. 2(31), S. 67A, 260A].
PCIT v. Ramesh Chandra Rai [2025] 302 Taxman 32/ 342 CTR 195(MP)(HC)
S. 80G : Donation-Registration of institution-Renewal of registration-Assessee granted registration under Section 12AA-Amount utilized for construction of Public Library is for charitable purpose-Failure to file form 10B-Denial of renewal of registration on that ground is not justified-Directed the respondents to grant renewal of registration under section80G(5)(vi) of the Act. [S. 2(15), 11, 12AA, 80G(5)(vi), Art. 226]
Mumukshu Mandal (Regd.) Shri Geeta Mandir v. CIT (2025) 473 ITR 452 (P&H) (HC)
S. 69A : Unexplained money-Compulsory Scrutiny-Difference between the value of plant and machinery shown in the Balance Sheet on 31-03-2004 and opening balance shown on 01-04-2004 in the books of accounts-Assessee firm failed to explain the difference in the investments in plant and machinery-Addition is confirmed, [S. 144, 260A]
Reshi Construction Company v. CIT (2024) 167 taxmann.com 47 /(2025) 472 ITR 570 (Jammu & Kashmir Ladakh)(HC)
S. 68: Cash credits-Credit transfer received by other family members and group concerns could not be assumed to be assessee’s undisclosed income where AO failed to establish that assessee was de facto owner of bank accounts of various recipients. [S. 132, 260A]
PCIT (Central v. M.K. Rajendran Pillai Rajavalsam [2025] 302 Taxman 512 (Ker)(HC)
S. 56 : Income from other sources-Capital or revenue receipt-Capital work in progress-Interest earned prior to commencement of business on funds received in form of share capital for specific purpose of acquisition of coal mines-Part of capital cost and to be treated as capital work-in-progress.[S. 4, 57(iii), 260A]
PCIT v. International Coal Ventures Pvt. Ltd. (2025) 472 ITR 307 (Delhi) (HC)
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fees for technical services-Reimbursement to non-resident AEs-Revenue unable to prove that payments are FTS-Disallowance deleted [S. 9(1)(vii), 195]
PCIT v. Jas Forwarding Pvt. Ltd. (2024) 473 ITR 502 (Delhi) (HC) PCIT v. Jas Forwarding Worldwide (I) Pvt Ltd (2024) 473 ITR 502 (Delhi) (HC)
S.37(1): Business expenditure-Capital or revenue-Payments made by an assessee for the use of a logo or trademark for a particular period, aimed at business improvement/expansion, qualify as revenue expenditure.[S. 260A]
CIT v. Shriram Chits Tamil Nadu (P.) Ltd; (2025) 473 ITR 278 (Mad.) (HC)
S. 37(1) : Business expenditure-Bogus expenses-Double taxation-Two constituent entities already offered to tax certain amounts out of receipts of aggregate amounts from assessee-Same amount not liable to be taxed in the hands of the assessee as it would amount to double taxation.[S. 260A]
PCIT, Central v. Onehub Chennai Pvt. Ltd. [2025] 302 Taxman 497 (Delhi)
S. 36(1)(vii) : Bad debt-It is sufficient for the debt to be written off as irrecoverable in the assessee’s accounts to be eligible for deduction, without the need to prove that the debt has actually become bad. [S. 36(2), 260A]
CIT v. Desouza Hotels Ltd. (2025) 473 ITR 368 (Bom.) (HC)