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. 68: Cash credits-Loan repaid through account payee cheques-Documentary evidence ignored-Addition deleted-Unexplained investment-Purchase of immovable property-Source partly explained-Addition restricted.[S.69]
Kavita Samtani v. Dy. CIT (2025) 124 ITR 119 (Jaipur)(Trib.)
S. 68: Cash credits-Unsecured loans-Repayment through banking channels accepted in subsequent year-Addition of loans, commission and interest deleted.
Dy. CIT v. Southwinds Project LLP (2025) 124 ITR 292 (Kol.)(Trib.)
S. 56: Income from other sources-Shares held as stock-in-trade-Purchase below fair market value-Provision not applicable.[S. 2(14), 56(2)(vii) R. 11UA]
Utility Supply (P.) Ltd. v. Dy. CIT (2025) 124 ITR 324 / 174 taxmann.com 250 (Mum.)(Trib.)
S. 50C: Capital gains-Full value of consideration-Stamp valuation Mandatory reference to Valuation Officer ignored-Additions deleted.[S. 56(2)(vii)(b)]
Nirmal Singh v. ITO (2025) 124 ITR 629 / 176 taxmann.com 554 (Lucknow)(Trib.)
S. 48: Capital gains-Cost of improvement-Expenditure in nature of repairs and furniture not allowable-Matter remanded for fresh verification. [S. 45, 50C]
Ashok Kumar Jain v. NFAC (2025) 124 ITR 503 / 174 taxmann.com 211 (Jaipur)(Trib.)
S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Business expenditure-Reinsurance premium paid to non-resident reinsurers-Not chargeable to tax in India-No liability to deduct tax at source–Commission deducted by insurance companies from reinsurance premium-No payment by assessee-Tax deduction at source not applicable-Survey fees paid to non-resident surveyors-Services rendered outside India-Mere reimbursement-No tax deductible at source. [S.195]
United India Insurance Co. Ltd. v. Dy. CIT (2025) 124 ITR 682 (Chennai)(Trib.)
S. 37(1): Business expenditure-Insurance business-Provision for IBNR and IBNER claims-Unascertained liability-Deduction not allowable-Amortisation of premium on securities-Disallowance upheld.
United India Insurance Co. Ltd. v. Dy. CIT (2025) 124 ITR 682 (Chennai)(Trib.)
S. 37(1): Business expenditure-Legal and professional charges-Mere proof of payment through banking channels insufficient-Matter remanded for verification of services rendered.
BMW India (P.) Ltd. v. Dy. CIT [2019] 108 taxmann.com 419 / (2025) 124 ITR 584 (Delhi)(Trib.)
S. 37(1): Business expenditure-Registrar of Companies fees for increase in authorised share capital-Increase for issue of bonus shares by capitalisation of reserves-Revenue expenditure allowable in full. [S. 35D]
Asst. CIT v. Neuzen Finance (P.) Ltd. (2025) 124 ITR 43 / 175 taxmann.com 582 (Mum.)(Trib.)
S. 37(1) : Business expenditure-Portfolio Management Services (PMS) fees-Non-banking financial company engaged in investment and trading in securities-Fees paid to portfolio managers wholly and exclusively for business-Allowable as revenue expenditure-Delay of 101 days by Revenue-Delay in obtaining administrative approvals-Delay condoned.[S. 48, 254(1), ITAT R. 27]
Dy. CIT v. Meenakshi Mercantiles Ltd. (2025) 124 ITR 1 / 175 taxmann.com 581 (Kol.)(Trib.)