19 IMPORTANT INCOME TAX CASE LAWS 24.02.2025

By | March 8, 2025

19 IMPORTANT INCOME TAX CASE LAWS 24.02.2025

Section Case Law Title Brief Summary Citation
9 Sun Pharmaceutical Industries Ltd. v. Income-tax Officer Interest/premium paid on capital borrowed outside India is not taxable in India. Click Here
11 Sai Baba Sansthan Trust v. Deputy Commissioner of Income-tax (Exemption)-2(1) Accumulation under section 11(1)(a) has to be computed on gross receipts. Click Here
11 Sai Baba Sansthan Trust v. Deputy Commissioner of Income-tax (Exemption)-2(1) Lack of declaration in Form No. 10 is not fatal to exemption under section 11(2). Click Here
12AB Ram Phool Hooda Charitable Trust v. CIT (Exemption) A show-cause notice must be issued before rejecting an application for registration under section 12AB. Click Here
28(i) Commissioner of Income-tax II v. First Choice Professional Services (P.) Ltd. Income from the sale of shares purchased with borrowed funds is business income. Click Here
36(1)(va) Diebold Nixdorf India (P.) Ltd. v. Commissioner of Income-tax – 56 Delayed payment of employee contributions cannot be allowed as a deduction. Click Here
37(1) Pr. Commissioner of Income-tax -21 v. Remfry & Sagar License fee paid for the use of goodwill is allowable as a business expenditure. Click Here
45 Vadagur Narayanappa Premachandra v. Assistant Commissioner of Income-tax, International Taxation Capital gains should be computed on the individual share of each co-owner. Click Here
54 Vadagur Narayanappa Premachandra v. Assistant Commissioner of Income-tax, International Taxation Exemption under section 54 can be claimed if construction is commenced within three years. Click Here
69A ACIT v. Fakhruddin Taiyebali Padaria A notice under section 148 issued to a deceased assessee is invalid. Click Here
80-IA Deputy Commissioner of Income-tax v. Patil Construction and Infrastructure Ltd. Assessee Entitled to Section 80-IA Deduction as a “Developer” of Infrastructure Click Here
115BBC Sai Baba Sansthan Trust v. Deputy Commissioner of Income-tax (Exemption)-2(1) Reopening of assessment is not valid if it is based on an opinion expressed in a previous assessment. Click Here
145 Diebold Nixdorf India (P.) Ltd. v. Commissioner of Income-tax – 56 A change in accounting method is not permissible if it does not reflect real income. Click Here
226 Maniyan Sureshkumar v. Tax Recovery Officer A change in the status of the assessee after attachment of property does not affect the recovery process. Click Here
226 Maniyan Sureshkumar v. Tax Recovery Officer The time limit for sale of attached property can be extended if it is not sold due to a low bid. Click Here
239 Sun Pharmaceutical Industries Ltd. v. Income-tax Officer The two-year limitation for claiming a refund of excess TDS is ultra vires. Click Here
254 Diebold Nixdorf India (P.) Ltd. v. Commissioner of Income-tax – 56 Appellate authorities can entertain additional claims not made in a revised return. Click Here
269SS R. Anbuvelrajan v. Additional Commissioner of Income-tax An agent cannot be held liable under section 269SS for receiving and handing over money on behalf of his principal.

Penalty Under Section 271D Deleted for Agent Receiving Cash in Real Estate Transaction

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270A DCIT v. Chakradhar Contractors and Engineers (P.) Ltd. Penalty under section 270A cannot be levied without specifying the specific limb of the provision. Click Here

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