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
Click here to download the pdf versions of the Digest of case laws

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Transfer of leasehold rights-Provision is applicable in respect of transfer of leasehold rights in the lands which were transferred by the MIDC in favour of the assessee. [S. 2(14)(a), 50C, 260A]

Vidarbha Veneere Industries Ltd. v. ITO (2025) 344 CTR 322 / 249 DTR 249/ 174 taxmann.com 223/ (2026) 484 ITR 132 (Bom)(HC)

S. 43B : Deductions on actual payment-Provision towards approved gratuity fund-Payment made to LIC gratuity fund approved by the CIT-Deduction allowable-S. 40A(7)(b) being specific provision overrides S. 43B. [S. 40A(7)(b)]

Sanmar Speciality Chemicals Ltd. v ACIT (2025) 344 CTR 454 / 248 DTR 369 / 173 taxmann.com 884 (Mad)(HC)

S. 40(ba) : Amounts not deductible-Association of persons-Private specific trust-Interest paid to beneficiaries-Order of Tribunal disallowing the interest is affirmed. [S. 260A]

Mehta Jaising Combine v. ITO (2025) 344 CTR 256 / 249 DTR 73 / 174 taxmann.com 869 (Bom)(HC)

S. 32 : Depreciation-Written-down value-Block of assets-Amalgamation-Approval of Central Government under S. 72A not required where assessee is not claiming carry forward of unabsorbed depreciation but only adopting correct WDV of amalgamating company’s assets. [S. 2(11), 32(2), 43(6), 72A]

Technova Imaging Systems Ltd. v DCIT (2025) 344 CTR 583 / 249 DTR 77 / 173 taxmann.com 405 (Bom)(HC)

S. 12AA : Procedure for registration –Trust or institution-Cancellation of registration-Principal CIT need not await a decision of the assessing authority concerned before passing an order cancelling the registration-Order of the Tribunal is set aside and appeals are remanded back to the Tribunal for a fresh consideration. [S 12A, 254(1)]

PCIT v Last Hour Ministry (2025) 344 CTR 173 / 248 DTR 274 / 172 taxmann.com 695 (Ker)(HC)

S. 11 : Property held for charitable purposes-Cricket association-Applicability of proviso to S. 2(15)-Matter is remitted to the authority concerned to decide the same afresh in view of the ratio decided by the apex Court in Asstt. CIT (E) v. Ahmedabad Urban Development Authority (2022) 329 CTR 297 (SC). [S. 2(15), 260A]

CIT (E) v. Jharkhand State Cricket Association (2025) 344 CTR 547 / 249 DTR 240 (Jharkhand)(HC)

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 10(1) : Undisclosed Foreign Assets – Assets acquired prior to commencement of the Act – Settlement Commission – Proceedings cannot continue once dispute is settled under Chapter XIX-A of the Act . [ Income -tax Act 1961 , S. 148 , 245C, Art. 226 ]

OArun Mammen v .DCIT (Inv) (2025) 344 CTR 398 / 248 DTR 481/ 171 taxmann.com 570 (Mad)(HC) Kandathil M. Mammem v .DCIT (Inv) (2025) 344 CTR 398 / 248 DTR 481/ 171 taxmann.com 570 (Mad)(HC) n writ court held that proceedings under the Black Money Act are intended to be directed against persons who failed to disclose foreign assets or file returns under the Income-tax Act, 1961. In the present case, the assessees had admittedly filed their return of income on 21.05.2015, i.e., prior to the coming into force of the Black Money Act w.e.f. 01.07.2015. Further, the assessees had approached the Settlement Commission and the dispute for AYs 2005-06 to 2011-12 stood settled under Chapter XIX-A of the Act. The Court noted CBDT Circular No. 12 of 2015 dated 02.07.2015 granting a one-time compliance opportunity and reiterated that the enactment of the Black Money Act did not bar settlement proceedings. Once the dispute was settled, continuance of proceedings under notices issued u/s 10(1) of the Black Money Act could not be countenanced and was liable to be quashed. (AY. 2005-06 to 2011-12)(SJ )

Direct Tax Vivad Se Viswas Act , 2020.

S.2(1)(j): Disputed tax—Interest- Department appeal before Tribunal – Assessee is liable to pay the amount of differential tax but also the interest paid to the assessee under s. 244A of the Act . [ S. 2(1)(o), 244A Art. 226 ]

United Capital Partners India (P) Ltd. v PCIT (2025) 344 CTR 192 / 248 DTR 280( SJ) (Mad)(HC)

Direct Tax Vivad Se Viswas Act , 2020.

S. 2(1)(a) : Declarant – Rejection of declaration – Pendency of writ petition treated as pendency of appeal – Tax arrears – CBDT FAQ/Circular not binding on Court – Declaration under DTVSV Act maintainable – Application directed to be processed. [S. 2(1)(h), 2(1)(j), 2(1)(o), 3, Art. 226]

TVL Sanmac Motor Finance Ltd. v. CBDT [2024] 168 taxmann.com 577 / (2025) 344 CTR 869 (Mad)(HC)

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Reassessment notice issued after 29.03.2022 by Jurisdictional AO instead of Faceless AO is without jurisdiction and void ab initio- DRP cannot ignore binding jurisdictional High Court ruling in Hexaware Technologies Ltd-Refusal to follow jurisdictional precedent is impermissible- The Court also cautioned the tax authorities that continued disregard of binding jurisdictional precedents may invite contempt action. [S.144C , 147, 148 151A , Art. 226 ].

Vibhavari Bharat Bhatt v. ITO (Intl.) (Bom)(HC) www.itatonline.org