Daily Archives: January 15, 2026

IMPORTANT INCOME TAX CASE LAWS 15.01.2026

By | January 15, 2026

IMPORTANT INCOME TAX CASE LAWS 15.01.2026 Relevant Act Section Case Law Title Brief Summary Citation Income-tax Act, 1961 Section 2(15) Deshpande Education Trust v. ACIT [Vocational Training = Education] Providing vocational training and skill development to rural youth involves systematic teaching and constitutes “Education”. It is not “General Public Utility,” so the commercial receipt restrictions… Read More »

Pre-existing tax claims not in resolution plan are extinguished; appeals cannot continue during IBC proceedings

By | January 15, 2026

Pre-existing tax claims not in resolution plan are extinguished; appeals cannot continue during IBC proceedings Issue Whether income tax appeals against assessment orders can proceed during the pendency of Corporate Insolvency Resolution Proceedings (CIRP) or after the approval of a Resolution Plan, and whether tax claims not included in such a plan are extinguished under… Read More »

Assessing Officer cannot mechanically mandate 20% pre-deposit for stay without evaluating hardship and merits

By | January 15, 2026

Assessing Officer cannot mechanically mandate 20% pre-deposit for stay without evaluating hardship and merits   Issue Whether the Revenue Department can mechanically reject an assessee’s application for stay of demand under Section 220(6) by insisting on a standard 20% pre-deposit based on CBDT Office Memorandums, without exercising judicial discretion or considering the specific merits and… Read More »

Section 54 deduction allowed if funds utilized timely despite builder’s delay in registration

By | January 15, 2026

Section 54 deduction allowed if funds utilized timely despite builder’s delay in registration   Issue Whether an assessee is entitled to claim exemption under Section 54 of the Income-tax Act for capital gains reinvested in a residential property, even if the registration of the new property was delayed beyond the statutory limit due to the… Read More »

Date of allotment determines acquisition date for holding period in redevelopment cases, not possession

By | January 15, 2026

Date of allotment determines acquisition date for holding period in redevelopment cases, not possession   Issue Whether the capital gains arising from the sale of a redeveloped flat should be treated as Short-Term Capital Gains (STCG) or Long-Term Capital Gains (LTCG) based on the date of allotment versus the date of construction completion or physical… Read More »

Captive solar power supply to parent company fails charitable purpose test for Section 12AB registration

By | January 15, 2026

Captive solar power supply to parent company fails charitable purpose test for Section 12AB registration   Issue Whether a Section 8 company, incorporated to manage a solar power project as a CSR initiative, is eligible for charitable registration under Section 12AB where the electricity generated is supplied exclusively to its parent company (shareholder), thereby raising… Read More »

Vocational training generating surplus utilized for education qualifies for Section 11 exemption

By | January 15, 2026

Vocational training generating surplus utilized for education qualifies for Section 11 exemption   Issue Whether the activity of running coaching classes and vocational training programs by a registered trust constitutes “education” under Section 2(15) of the Income-tax Act, thereby entitling it to exemption under Section 11, or if it falls under “advancement of any other… Read More »