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.37(1): Business expenditure-Managing director Managerial remuneration-Allowable as deduction-Remuneration-Not excessive or unreasonable-No disallowance can be made.[S. 40A(2)(b)]
ACIT v. Piramal Fund Management (P.) Ltd. (2025) 212 ITD 389 (Mum) (Trib.)
S. 28(i) : Business income-Joint development agreement-Transfer of capital asset into stock-in-trade-Capital gains-Double taxation-Taxable in the year 2012-13.[S. 45(2)]
DCIT v. Chaitanya Properties (P.) Ltd. (2025) 212 ITD 150 (Bang) (Trib.)
S. 23 : Income from house property-Annual value-let out residential properties to companies for commercial use-Entitled to claim deduction of mixed land use charges paid to MCD against rental income received from tenants. [S. 22]
Padam Chand Gupta. v. ACIT (2025) 212 ITD 498 (Delhi) (Trib.)
S. 23 : Income from house property-Annual value-Office premises-ALV to be determined on municipal rentable value-Matter remanded [S. 22]
Tejal Kaushal Shah (Smt.) v. ITO (2025) 212 ITD 397 (Mum)(Trib.)
S. 23 : Income from house property-Annual value-Property let in earlier period-Vacant for whole year-Annual value to be taken as Nil.[S. 22, 23(1)(a), 23(1)(c)]
Classic Mall Development Company Ltd. v. ACIT (2025) 212 ITD 302 (Mum)(Trib.)
S.14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made. [R. 8D]
NDTV Networks Ltd. v. DCIT (2025) 212 ITD 167 (Delhi) (Trib.)
S. 12AB: Procedure for fresh registration-Pendency of registration under Rajasthan Public Trust Act, 1959-Matter is restored back to Commissioner (E) with direction that as and when assessee-trust produced copy of its registration under RPT Act, application of assessee-trust for registration under section 12AA be decided afresh in accordance with law.[S.. 12AA, Rajasthan Public Trust Act, 1959]
Krishna Nandini Gaudham Charitable Trust. v. ITO (2025) 212 ITD 67 (Jaipur) (Trib.)
S. 12AB: Procedure for fresh registration-Educational welfare for under-privileged-Registration denied for alleged malpractices and fraudulent activities as non-genuine purchases of school uniform and computers were made-Genuineness of activities were not doubted-Matter remanded to Commissioner (E). [S. 11, 12]
Happiness Acts Trust. v. CIT (2025) 212 ITD 509 (Bang) (Trib.)
S. 12AB: Procedure for fresh registration-Activities were not genuine-Siphoning off funds-Matter remanded to CIT(E) for granting one more opportunity of hearing. [S. 11,12]
Samajik Prerna Avam Gramin Vikas Sansthan Laporiya v. CIT (E) (2025) 212 ITD 623 (Jaipur) (Trib)
S. 12A : Registration –Trust or institution-Mistakenly filed fresh application under section 12AB-Failure to respond to CIT(E)’s notices-Rejection of application under section 12AB is justified.[S. 12AB]
Mathrusri Mahila Mandali Tetali v. CIT (2025) 212 ITD 244 (Visakhapatnam) (Trib.)