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. 68 : Cash credits-Shares-Failure to prove genuineness of transaction-Order of Tribunal affirmed.[S. 132, 133A, 153C, 260A]

Smriti Television Media and Films Pvt. Ltd. (through its managing director Bipin Goswami) v. PCIT [2023] 151 taxmann.com 323 / (2025) 482 ITR 737 (MP)(HC)

S. 68 : Cash credits-Principle of natural justice-Assessee must be given adequate opportunity to be heard and also to cross-examine witnesses whose statements have been relied on to make additions. [S. 260A]

Sree Trading Corporation. v. ITO [2023] 151 taxmann.com 486 / (2025) 482 ITR 712 (Telengana)(HC)

S. 57 : Income from other sources-Deductions-Expenditure for purposes of earning-Borrowing money and lending it to others-Interest on borrowed money-Allowable as deduction.[S.56, 57(iii)]

PCIT v. Mahalaxmi Design Pvt. Ltd (2025) 482 ITR 215 / 174 taxmann.com 149 (Delhi)(HC)

S. 56: Income from other sources-Shares at premium-Valuation of shares Discounted cash flow method Determination of fair market value of shares under rule 11UA-Order of Tribunal affirmed.[S. 56(2)(viib), R. 11UA]

PCIT v. Surana Metacast (India) Pvt. Ltd.(2025) 482 ITR 942 (Guj)(HC)

S. 40A(3) :Expenses or payments not deductible-Ad-hoc disallowance-Cash payments exceeding prescribed limits-Deletion of disallowance by Commissioner (Appeals) on examination of vouchers confirmed by Tribunal is affirmed [S.145 260A]

PCIT v. Mahabir Jute Mills Ltd [2024] 162 taxmann.com 601 / (2025) 482 ITR 345 (All)(HC)

S. 40A(2): Expenses or payments not deductible-Excessive or unreasonable-Tribunal was justified in holding that expenses claimed by assessee were not excessive and disallowance of assessee’s claim was unsustainable-Order of Tribunal affirmed-Presumptive tax-Civil construction and Turnkey projects-Provision in applicable-DTAA-India-Italy. [S. 9(1)(i),44BB, 260A Art. 7]

CIT (IT) v. Technip Energies Italy S.P.A.(2025) 482 ITR 149 / 172 taxmann.com 433 (Delhi)(HC) Editorial : SLP of revenue dismissed, CIT v. Technip Energies Italy S.P.A (2025) 482 ITR 153 / 304 Taxman 346 (SC)

S. 37(1): Business expenditure-Capital or revenue-Expenses on removal of over-burden Assessee treating expenditure up to stage of mine reaching 25 per cent-Capital expenditure-Demand notice-Matter remanded. [S. 35E, 156, Art. 226]

Northern Coal Fields Ltd. v. Dy. CIT (2025) 482 ITR 659/173 taxmann.com 69 (MP) (HC)

S. 37(1) : Business expenditure-Expenditure wholly and exclusively for business purposes-Expenditure incurred towards welfare activities and community development activities and recreation facilities-Expenditure incurred to fulfil obligations under National Coal Wage Agreements-Tribunal justified in allowing expenditure-Environmental expenses Tribunal remanding matter for want of reasoning by Commissioner (Appeals) and supporting documents is justified. [S. 260A]

Northern Coal Fields Ltd. v. Dy. CIT (2025) 482 ITR 659/ 173 taxmann.com 69 (MP) (HC)

S. 37(1): Business expenditure-Insurance and audit expenses Agreement entered into by assessee not covering insurance and audit expenses-Allowable as business expenditure. [S. 260A]

PCIT v. Avantha Realty Ltd (2025) 482 ITR 599 (Cal)(HC)

S.37(1): Business expenditure-Employee welfare expenses-Payment under memorandum of settlement for benefit of entire locality-Allowable as business expenditure.[S. 40A(9)].

CIT v. Tata Engineering and Locomotive Company Ltd [2024] 165 taxmann.com 227 / (2025) 482 ITR 296 (Bom)(HC)