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. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Accommodation entries-Failure to consider the reply-Violation of principle of natural justice-Order of the Assessing Officer is set aside-the matter was remanded to the Assessing Officer to pass a fresh de-nova order under section 148A(d) after considering the reply of assessee. [S. 68, 132, 148A(b), 148A(d), Art. 226]
Amarpadma Credits (P.) Ltd. v. ITO (2025) 307 Taxman 305 (Guj.)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Accommodation entries-Opportunity of hearing was given-Reassessment notice is affirmed-Writ petition dismissed. [S. 68, 143(1), 148A(b), 148A(d), Art. 226]
R. S. Alloys v. ITO (2025) 307 Taxman 70 (Delhi)(HC)
S.147: Reassessment-Amounts of investments not fully disclosed in books of account-Search-Information from public domain-Fishing enquiry-Reassessment notice and order disposing of the objection were quashed. [S.69B, 148, Art. 226]
Dhirajlal Laljibhai Patel v. ACIT (2025) 307 Taxman 530 (Guj.)(HC)
S. 147: Reassessment-Borrowed satisfaction-Underinvesting of export-Justice M.B. Shah Commission’s Report-SLP delay of 411 days-SLP of revenue dismissed on account of delay as well as on merits. [S. 148, Art. 136]
ACIT v. Tungabhadra Minerals (P.) Ltd. (2025) 307 Taxman 303 (SC) Editorial: Balaji Mines and Minerals (P.) Ltd. v. ACIT [2024] 163 taxmann.com 37 (Bom HC)
144B: Faceless Assessment-Principle of natural justice-Video conference was not provided-Order passed was quashed and set aside-Assessing Officer to pass a fresh de novo order in accordance with law. [Art. 226 ]
Siddharth Maneklal Patel v. NEAC (2025) 307 Taxman 327 (Guj.)(HC)
S. 145: Method of accounting-Undisclosed sales-Search-Estimated yield ratio-Low yield-Rejection of books of account not valid-Order of Tribunal deleting the disallowance was affirmed.[S.69A, 132, 145(3), 260A]
Dy. CIT v. Mahamaya Steel Industries Ltd. (2025) 307 Taxman 126 (Chhattisgarh)(HC)
S. 144C : Reference to dispute resolution panel-Non eligible assessee-Assessing Officer cannot pass draft assessment order under section 144C(1)-Draft assessment order, final assessment order and notices of demand and penalty set aside. [S. 92CA(3), 143(3), 144C(15), 156, 270A, 271AAC, Art. 226]
Classic Legends Pvt. Ltd. v.Asst. Unit /(2025) 307 Taxman 95 (2026) 484 ITR 550 /348 CTR 323 / 257 DTR 418 (Bom)(HC)
S. 127: Power to transfer cases-Search-Udaipur to Delhi-With implementation of faceless assessment regime, transfer was neither reasonable nor justifiable-Order of transfer was set aside [S. 132, Art.226]
Murliwala Agrotech (P.) Ltd. v. UOI (2025) 307 Taxman 543 (Raj)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Return-Delay of 12 days-COVID-19-related constraints-PCIT acts as a quasi-judicial body-Under an obligation to pass a reasoned order-Order was set aside, and the matter was remanded back to PCIT for a de novo consideration to decide the application. [S. 119(2)(b),139(4) Art, 226]
Udit Goyal v. PCIT (2025) 307 Taxman 34 (Delhi)(HC)
S. 119: Central Board of Direct Taxes-Circular-Form 10-IC-60-day delay-Mistake of accountant-Matter remanded to the file of PCIT for de novo consideration. [S. 115BAA,119(2)(b), 139(1), Form-10-IC, Art. 226]
VRG Electronics (P.) Ltd. v. PCIT (2025) 307 Taxman 109 (Delhi)(HC)