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. 87A : Rebate to be allowed in computing income-tax-The assessee could not be restrained from claiming rebate under section 87A by modifying utility by which assessee was forbidden at threshold itself from making such a claim. [S.115BAC, 139D, Rule 12, Art. 226]

Chamber of Tax Consultants v. DGIT (systems) (2025) 473 ITR 85 / 303 Taxman 451 (Bom)(HC) Editorial : Chamber of Tax Consultants v. Director General of Income-Tax Systems & Ors (2025) 302 Taxman 505 (Bom)(HC)

S. 68 : Cash credits-Long term capital gains-Penny stock-Order of Tribunal allowing the exemption is affirmed.[S. 10(38), 45, 260A]

PCIT v. Sawankumar T Jajoo (2025) 473 ITR 201 / 171 Taxmann.com 26 (Cal)(HC)

S. 68 : Cash credits-Established source and capacity of the parties-Order of Tribunal is affirmed.[S.260A]

PCIT v. Mukul Kakar (2024) 166 taxmann.com 199 / (2025) 473 ITR 59 (MP)(HC)

S. 68 : Cash credits-Share capital and share premium — Creditworthiness and genuineness is established-Subscribers complied with the notices issued u/s 133(6) of the Act. [S.133(6), 260A]

PCIT v.Delta Dealers Pvt. Ltd. (2025) 473 ITR 48 (Cal)(HC)

S. 68 : Cash credits-Share application-Accommodation entries-Identity, creditworthiness and genuineness of transactions are established-Order of Tribunal deleting the addition is affirmed-Statement is retracted-Order of Tribunal is affirmed [S. 132(4), 260A]

PCIT v. Esspal International (P.) Ltd.(2025) 473 ITR 329 (Raj) (HC)

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-No credible document produced to show why payment had to be made on bank holiday-Order of Tribunal is affirmed. [R.6DD, 260A]

Santosh M. Bhandari v. ITO (2025) 473 ITR 646 (Karn)(HC)

S. 12A : Registration-Trust or institution-No activities had been carried on-Rejection of application is not justified-Order Tribunal is affirmed. [S. 11, 12AA, 260A]

CIT v. International Health Care Education and Research Institute (2025) 473 ITR 753 /171 taxmann.com 578 (Raj)(HC) Editorial : SLP of Revenue is dismissed, CIT v. International Health Care Education and Research Institute (2025) 304 Taxman 265/ 482 ITR287(SC)

S. 10 (23C): Educational institution-Multiple objectives beyond educational purposes-Not founded and existed solely for educational purposes-Denial of exemption is affirmed. [S. 10(23C)(vi), Art. 226]

Shri Guru Hargobind Sahib Charitable Trust v. CBDT (2025) 473 ITR 580 (P&H)(HC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-licensed sports broadcasting rights in relation to live feeds to Indian company-live feed cannot constitute a scientific work-Fees received cannot be considered as royalty-DTAA-India-Singapore. [Art. 12]

CIT v. (IT) v. Fox Network Group Singapore Pte. Ltd. (2024) 158 Taxmann.com 434 (2025) 473 ITR 528 (Delhi)(HC) CIT v. (IT) v. ESS (2024) 158 Taxmann.com 434 (2025) 473 ITR 528 (Delhi)(HC)

S. 56: Income from other sources – Long term capital loss -Share transfer agreement – Shares sold at an undervalued price – Related party transaction – AO claimed that the transaction was structured to avoid tax – Shares valued at upwards of Rs 19000 , per share were sold for Rs 100 per share – Valuation was not in accordance with Rule 11UA – Matter remanded back to AO for recalculating capital gains. [ S. 45 ,56(2)(vii)(b), 56(2)(x), R.11UA(1)(c)(v) ]

DCIT v. M. Mahadevan ( Chennai )( Trib) www.itatonline.org.