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.45: Capital loss-Sale of shares-Securities transaction tax–loss was allowable as a capital loss.

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S. 45: Capital loss-Advance for purchasing a commercial plot-Cancellation of forfeited amount paid in earlier years-Allowable as capital loss. [S. 2(14) 2(47)(ii)]

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)

S. 45: Capital gains-Slump sale-Set-off of long-term loss against long-term gain from slump sale. [S.2(29B), 2(42C), 50B]

ACIT, LTU v. Prudential Sugar Corporation Ltd. (2025) 214 ITD 11 (Chennai) (Trib.)

S.43CA: Transfer of assets-other than capital assets-full value of consideration-stock in trade-Agreement value-Stamp valuation-Registration agreement at a later date-Transaction was completed in an earlier year and offered to tax-Addition cannot be made in the year of registration. [S. 2(47)(v), S.50C, Transfer of Property Act, 1882, S.53A]

Navketan Premises (P.) Ltd. v. DCIT (2025) 214 ITD 243 (Mum) (Trib.)

S. 43(5): Speculative transaction-Derivative trading loss-Set off against business income-Failure to produce broker’s note-The matter was remanded to the Assessing Officer to examine whether trades met requirements of Explanations 1 & 2 to section 43(5).[S. 73]

Arup Banerji.v. DCIT (2025) 214 ITD 225 (All) (Trib.)

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Advances from customers against sales-shown as liabilities in its balance sheet-Not written off-Addition cannot be made.

Patidar Builder (P.) Ltd. v. Assessing Officer (2025) 214 ITD 77 (Indore) (Trib.)

S. 40A(3): Expenses or payments not deductible-Cash payments exceeding prescribed limits-Salary to employees-No finding that payment on particular date exceeded limit-Disallowance was deleted.

Sonone Surgical and Ophthalmic Hospital. v. ITO (2025) 214 ITD 739 (Pune) (Trib.)

S. 40A(3): Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payment to supplier on Saturday at around 5:30 P.M. after closure of banking hours-Payment was made on a day when the bank was observing half-day working-Rule 6DD(j) could not be invoked-Disallowance upheld. [R.6DD (j)]

Patidar Builder (P.) Ltd. v. Assessing Officer (2025) 214 ITD 77 (Indore) (Trib.)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Cash payment to partners-No legal bar on cash payment to partners-Genuineness of payment was not doubted-Addition was deleted. [S.40A(b)(v)]

Sonone Surgical and Ophthalmic Hospital. v. ITO (2025) 214 ITD 739 (Pune) (Trib.)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Long term capital gains-Commission payment to wife-Allowable as deduction. [S. 45, 48]

G.N. International (P.) Ltd. v. ACIT (2025) 214 ITD 180 (Delhi) (Trib.)