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. 271(1)(b): Penalty-Failure to comply with notices-Strike by the Tax Bar Association on the first schedule date-Penalty was deleted-Delay of 24 days in filing of appeal was condoned. [S. 142(1), 253(5), 273B
Ravindra Singh v. ITO (2025) 234 TTJ 239 (SMC) (Agra)(Trib)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Penalty for under-reporting and misreporting of income-Direction of CIT to invoke the applicable penalty provisions under section 270A(9)(e) on the entire amount of estimated undisclosed income is bad in law. [S.153A, 270A(2), 270A(9)(e)]
KAG India (P) Ltd. v PCIT (2025) 234 TTJ 566/ 170 taxmann.com 45 (Chennai) (Trib)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Commodity trading-Revision order was quashed and set aside-Cash deposit-No enquiry was made-Revision order was affirmed-Delay in filing of appeal was condoned. [S. 143(3),254(1)]
Jarnail Singh v. PCIT (2025) 234 TTJ 505 (Chd)(Trib)
S. 251: Appeal-Commissioner (Appeals)-Powers-Direction to AO beyond ground of appeal-Violation of natural justice-Failure to issue show cause notice-The directions of the CIT(A) are deleted. [S.69A]
Rengasamy Asaithambi v. ACIT (2025) 234 TTJ 890 (Chennai)(Trib)
S. 251: Appeal-Commissioner (Appeals)-Powers-Jurisdiction-Valid order of transfer-Matter remanded to the file of CIT(A) to decide the issue of jurisdiction. [127 (1), 127(3), 144, 147, 148]
Amit Kumar Gupta v. ITO (2025) 234 TTJ 293/ 171 taxmann.com 16 (SMC) ((Raipur)(Trib)
S. 206C: Collection at source-Trading-Clubbing of income-Credit must be given-AO is directed to give due credit of TDS/TCS of the minor child in the hands of the assessee-Amendment in Finance Bill, 2024 regarding credit of tax collected to be given to persons other than collectee should be held as retrospective in nature and not to detriment of assessee against a legitimate claim [S.64(IA)]
Anshul Anil Goel v. DCIT (2025) 234 TTJ 218 / 171 taxmann.com 382 (Pune)(Trib)
S. 154: Rectification of mistake-Mistake apparent from the record-Enhancement of income-Inadvertent misreporting of income in the return-Affidavit filed by the chartered accountant-The affidavit and the facts stated therein require verification; the order of the CIT(A) is set aside, and the matter is restored to the AO. [S.143(1)]
Monica Capoor v. ITO (2025) 234 TTJ 851 (Delhi)(Trib)
S. 153A: Assessment-Search-Undisclosed income-Purchases cannot be disallowed as bogus by relying on some oral statements recorded behind the back of the assessee-No addition could be made on the basis of such documents which were not found in the control and possession of the assessee-Addition deleted.[S. 69]
Rama Allied Products Marketing (P) Ltd v. ACIT (2025) 234 TTJ 764 (Delhi)(Trib)
S. 153A: Assessment-Search-Undisclosed income-Statement retracted-Two agreements relating to same property-No incriminating document is found-Addition cannot be made.[S. 132(4)]
Harish Jain v.ACIT (2025) 234 TTJ 597/ 122 ITR 640/ 174 taxmann.com 348 (Jaipur)(Trib)
S. 153A: Assessment-Search-Seized electronic material coupled with the statement given by the accounts manager of the assessee under s. 132(4) constituted incriminating material-Objection for validity of jurisdiction was rejected-Undisclosed income-Rejection of books of account justified-Estimated the profits of the assessee @ 2.21 per cent of the turnover was affirmed-Unaccounted sale proceeds could be telescoped towards the source of unaccounted expenditure and therefore, no separate addition on this account was permissible. [S.132, 132(4)]
ACIT v. Alba Industries Ltd. (2025) 234 TTJ 306 (Chennai)(Trib)