Daily Archives: May 20, 2025

Reassessment Proceedings Quashed for Unexplained Cryptocurrency Investment Due to Contradictory Order and Undisputed Source. Issue: Whether an order passed under section 148A(d) of the Income-tax Act, 1961, and subsequent reassessment proceedings under section 147, can be quashed when the Assessing Officer’s order is self-contradictory, and the assessee has already provided a plausible and undisputed explanation… Read More »

Set-off of Short-Term Capital Loss (STT Paid) Against Short-Term Capital Gain (STT Not Paid) is Allowed. Issue: Whether a short-term capital loss on which Securities Transaction Tax (STT) has been paid can be set off against a short-term capital gain on which STT has not been paid, under the provisions of section 70 of the… Read More »

No TDS Required on Sale of Agricultural Land; Credit for Deducted TDS to be Allowed. Issue: Whether credit for Tax Deducted at Source (TDS) claimed by an assessee on the sale of agricultural land should be denied by the Assessing Officer due to a mismatch of corresponding income not being shown as exempt income in… Read More »

Requisition of Seized Cash Under Section 132A Allowed from Police Authorities ; Funds to be Deposited in Income Tax Department’s P.D. Account. Issue: Whether the Income-tax Department can requisition seized cash under section 132A(1)(c) from police authorities, particularly when the matter is pending before a Magistrate, and if so, how the unaccounted portion of the… Read More »

IMPORTANT INCOME TAX CASE LAW 19.05.2025 Section Case Law Title Brief Summary Citation Relevant Act 2(15) Maharashtra Cricket Association v. ACIT(E) Matter remanded to Commissioner (Appeals) for fresh adjudication on trust’s exemption claim, in view of Supreme Court’s Ahmedabad Urban Development Authority ruling. Click Here Income-tax Act, 1961 9 Derewala Industries Ltd. v. ACIT/DCIT Commission… Read More »

Cancellation of Trust Registration and Charitable Nature of Sports Activities: Remanded for Fresh Adjudication. Issue: Whether the activities of a trust primarily focused on promoting physical education and sports, particularly cricket, can be considered charitable under the amended provisions of section 2(15) of the Income-tax Act, 1961, when the trust’s registration under section 12A has… Read More »

Reopening of Assessment for Penny Stocks Set Aside Due to Lack of Tangible Material. Issue: Whether a reopening notice issued under section 147 of the Income-tax Act, 1961, based on the assessee’s alleged investment in penny stocks and taking accommodation entries in the form of bogus Long Term Capital Gains (LTCG), is valid if the… Read More »

Bona Fide Error in ITR Not to Deny Section 11 Exemption if Trust Status and 12A Registration are Evident. Issue: Whether a charitable trust should be denied deduction under section 11(1)(a) of the Income-tax Act, 1961, solely because of a bona fide error in not mentioning section 12A details while filing the Income Tax Return… Read More »

Registration of Charitable Trust Remanded for Re-evaluation Due to Lack of Confrontation and New Evidence. Issue: Whether registration under section 12AB of the Income-tax Act, 1961, should be denied to a charitable trust based on alleged non-utilization of funds for the trust’s objects, particularly when the assessee was not confronted with the adverse findings of… Read More »

Registration Under Local Public Trust Act Not Required for Section 12AB Registration; Incomplete Application to be Reconsidered After Opportunity of Hearing. Issue: Whether registration under the Rajasthan Public Trust Act, 1959, is an essential requirement for obtaining registration under section 12AB of the Income-tax Act, 1961. Whether an application for registration under section 12AB can… Read More »