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. 28(i): Business income-Capital or revenue-Subsidy-Exemption from sales tax granted by State Government-Assessable as revenue receipt.[S. 4, The U.P. Trade tax Act, 1948, S. 4A, 8A(2) 29A]]
CIT v. Birla Corporation Ltd [2024] 159 taxmann.com 632 / (2025) 483 ITR 554 (Cal)(HC)
S.14A : Disallowance of expenditure-Exempt income-Restriction of disallowance to the extent of two per cent. of dividend income Proper-Reserves and surplus amount exceeding investment-Presumption that investments out of own interest-bearing funds Disallowance not attracted.[S. 36(1)(iii) R.8D, 260A]
CIT v. Grindwell Norton Ltd (2025) 483 ITR 651 (Bom)(HC)
S. 10 (23C): Educational institution-Ancillary activities were connected with the main activity of imparting education-Nominal profit earned was again utilised for the main object of education-Entitled to exemption. [S. 10(23C)(vi), 260A]
CIT (E) v. Star Education Trust.(2025) 483 ITR 268 (Guj)(HC)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Non-resident-Providing registration for a domain name-Fees received not assessable as royalty-DTAA-India-USA (1991) 187 ITR (St.) 102). [S.260A, Art. 12(3)(a)]
GoDaddy.com LLC v. ACIT [2023] 157 taxmann.com 256 / (2025) 483 ITR 515 (Delhi)(HC)
S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Shipping business-Freight charges collected in India-Certificate from tax authorities that amount was assessable in Singapore-Earning not taxable in India-DTAA-India-Singapore-(1994) 209 ITR (St.) 1) [S.44B, Art. 24]
CIT (IT) v. APL Co. Pte. Ltd [2023] 156 taxmann.com 530 / (2025) 483 ITR 150 (Bom)(HC)
S.50: Benami transactions-Offences and prosecution-Demonetisation-Jurisdiction of court-Complaint filed before Special Court under Benami Prohibition of Benami Property Transactions Act Cognizance of offence by trial court Valid Act, 1988. [S. 53, Criminal Procedure Code, 1973, S. 200, 482]
Sandeep Miglani v. UOI [2024] 164 taxmann.com 168 /(2025) 482 ITR 375 (All)(HC)
S. 2(1)(a)(ii): Application-Pendency of appeal-Maintainability-Certified order given on 10-7-2020-Application dated 2-5-2020 maintainable-Directed to entertain the application. [Art. 226]
Sukhdev Singh Vedwal v. ITO (2025) 482 ITR 208 (Uttaranchal)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Death of assessee-Department not informed of death of assessee-Legal heir deemed to be assessee-Directed to respond to notice under section 142(1)-Assessing Officer directed to issue subsequent notices in name of legal heir.[S. 142(1), 148A(b), 148A(d), Art. 226]
Ghanshyam Anil Dhanani v. ITO (2025) 482 ITR 1010 (Bom)(HC)
S. 10 (23C): Educational institution-Hospital or medical institution Grand-in-aid from Government Effect of section 10(23C) (iiiac)-Interest on grants-in-aid-To be added to grants-in-aid or returned to Government-Interest entitled to exemption [S. 10(23C) (iiiac).]
CIT (E). v Institute of Liver and Biliary Sciences (2025) 482 ITR 1004 (Delhi)(HC)