INCOME TAX CASE LAWS 14.09.2026 . Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 2(14) Namdeo Janku Thorat v. Income-tax Officer Click Here Land recorded as industrial in the registered deed and fallow non-agricultural in 7/12 records, sold to a non-agriculturist with no agricultural activity conducted, is a capital asset… Read More »
TDS Credit Must Be Allowed to Deductee Reflected in Form 26AS Absent Rule 37BA Declaration Issue Whether TDS credit must be granted under Section 199 read with Rule 37BA to the deductee in whose name tax was deducted and reported in Form 26AS, even if the corresponding fixed deposit interest income was clubbed in the… Read More »
Reassessment Order Quashed as Notice Issued After Three Years Lacked Approval From Specified Authority Issue Whether a reassessment notice issued under Section 148 after the expiry of three years from the end of the relevant assessment year is valid if sanctioned by the Principal Commissioner of Income Tax (Pr. CIT) instead of the specified higher… Read More »
Retrospective insertion of Section 147A bypassing faceless assessment scheme is unconstitutional for violating judicial rulings. Issue Whether the retrospective insertion of Section 147A of the Income-tax Act, 1961 (and corresponding provisions under the Income-tax Act, 2025), which clarifies that Assessing Officers issuing Section 148 notices include non-faceless AOs without amending Section 151A or the Faceless… Read More »
Minor Nine-Day Delay in Filing Form 10-IE Due to Portal Glitches Cannot Deny Section 115BAC Benefit Minor Nine-Day Delay in Filing Form 10-IE Due to Portal Glitches Cannot Deny Section 115BAC Benefit Issue Whether a technical and minor delay of nine days in filing Form No. 10-IE due to e-filing portal glitches can justify the… Read More »
Ad Hoc Transfer Pricing Adjustments Without Applying Prescribed Methods Are Illegal and Interest Under Section 234A Is Unwarranted for Portal Technical Glitches Issue Transfer Pricing: Whether the Transfer Pricing Officer (TPO) can make an ad-hoc transfer pricing adjustment by reallocating consideration between an assessee and its Associated Enterprises (AEs) without applying any of the mandatory… Read More »
Post-Search Reassessment For Preceding Years Must Be Initiated Under Section 148, Not Section 143(2) Post-Search Reassessment For Preceding Years Must Be Initiated Under Section 148, Not Section 143(2) Issue Whether an assessment for a year preceding the search year (for searches initiated on or after 01.04.2021) can be validly conducted under Section 143(3) via a… Read More »
Relevant Additional Evidence Admitted and Matter Remanded to CIT(A) for Re-evaluating Share Loss Genuineness Issue Whether additional documentary evidence (bank statements and CDSL transaction statements) establishing the purchase and sale of shares ought to be admitted under Rule 29 of the Income-tax (Appellate Tribunal) Rules, 1963, and the matter remanded to the CIT(A) for fresh… Read More »
Steep Share Price Appreciation Does Not Justify Section 68 Addition Without Evidence of Manipulation Complicity Issue Whether capital gains earned from selling listed shares on a recognized stock exchange can be treated as unexplained cash credit under Section 68/business income under Section 28 based solely on steep price appreciation without proof of price rigging complicity.… Read More »
Revision under Section 263 Upheld for Non-Deduction of Tax at Source on Remuneration and Hire Charges Revision under Section 263 Upheld for Non-Deduction of Tax at Source on Remuneration and Hire Charges Issue Whether the Commissioner of Income Tax correctly assumed revisionary jurisdiction under Section 263 to set aside an assessment order as erroneous and… Read More »