34 IMPORTANT INCOME TAX CASE LAW 19.05.2025

By | May 20, 2025

IMPORTANT INCOME TAX CASE LAW 19.05.2025

SectionCase Law TitleBrief SummaryCitationRelevant 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 HereIncome-tax Act, 1961
9Derewala Industries Ltd. v. ACIT/DCITCommission paid to non-resident agents outside India for services rendered outside India not taxable. 

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Income-tax Act, 1961
10(23C)Indian Institute of Management v. Commissioner of Income-tax (E)Approval granted to Centrally funded institute as an old institute despite technical mistake in registration.

Provisional registration u/s 10(23C) can not denied even if he assessee had already started its activities

Click HereIncome-tax Act, 1961
10(38)Pradip Kumar Jajodia (HUF) v. ITOReopening notice set aside; information about penny stock trading already on record.Click HereIncome-tax Act, 1961
11, 13Deputy Commissioner of Income-tax v. Jaymahakali Shikshan SansthaDenial of entire trust exemption for reduced rent to Managing Trustee was incorrect; maximum marginal rate to be levied on contravening income. 

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Income-tax Act, 1961
11, 11(5)Deputy Commissioner of Income-tax v. Jaymahakali Shikshan SansthaInvestment in immovable property for trust development allowable; no breach of section 11(5). 

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Income-tax Act, 1961
11, 12ASeth RB Moondhra Memorial Charitable Trust v. Commissioner of Income-tax Exemption -1Trust’s deduction claim allowable despite not mentioning section 12A details in ITR, as benefit was allowed in other years.Click HereIncome-tax Act, 1961
12ABHappiness Acts Trust v. Commissioner of Income-tax (Exemptions)Denial of trust registration remanded; Commissioner (Exemptions) to reconsider after confronting evidence of genuineness.

Registration of Charitable Trust Remanded for Re-evaluation Due to Lack of Confrontation and New Evidence.

Click HereIncome-tax Act, 1961
12ABDhapi Devi Tormal Seva Samiti Dhandhan v. CIT ExemptionRegistration under Rajasthan Public Trust Act not essential for section 12AB registration. 

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Income-tax Act, 1961
12ABDhapi Devi Tormal Seva Samiti Dhandhan v. CIT ExemptionApplication for registration restored; Commissioner (Exemption) directed for fresh decision after hearing assessee.Click HereIncome-tax Act, 1961
13, 11, 12Educate India Society v. Deputy Commissioner of Income-tax, ExemptionTrust exemption allowed; higher interest on loans from specified persons due to financial difficulties not a violation aimed at benefit transfer.Click HereIncome-tax Act, 1961
14ADerewala Industries Ltd. v. ACIT/DCITNo disallowance under section 14A as no exempt income earned from equity investments.Click HereIncome-tax Act, 1961
36(1)(iii)Kamineni Health Services (P.) Ltd. v. ACITAdvances to sister concern treated as loan for one day; interest to be levied for that period.Click HereIncome-tax Act, 1961
36(1)(iii)Kamineni Health Services (P.) Ltd. v. ACITDisallowance of interest on funds invested in sister concern as share application money was incorrect.Click HereIncome-tax Act, 1961
37(1)Derewala Industries Ltd. v. ACIT/DCITCSR expenses disallowed for failure to prove exclusive business purpose.Click HereIncome-tax Act, 1961
41(1)PLR Textiles Ltd. v. Assistant Commissioner of Income-taxWaiver of loan amount by bank (principal or interest) not taxable under section 41(1). 

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Income-tax Act, 1961
48PLR Textiles Ltd. v. Assistant Commissioner of Income-taxCost of acquisition as per transfer deed to be considered for capital gain computation despite transferor’s taxability issue. 

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Income-tax Act, 1961
54FArvindbhai Ramniklal Raval (HUF) v. Income-tax OfficerSection 54F relief granted; ‘Agreement of Sale with Possession’ within time sufficient.

Section 54F Exemption Allowed on Purchase Agreement with Possession even if a registered sale deed is not executed.

 

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Income-tax Act, 1961
56(2)(x)Arvindkumar Jagjivandas Thakkar v. Income-tax OfficerAddition under Section 56(2)(x) Deleted Due to Immaterial Difference in Value.

Addition under section 56(2)(x) not sustainable; marginal difference in stamp duty value.

 

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Income-tax Act, 1961
56, 115BBSurendra Ram Bharti v. I.T.O., Ward 2(2), DhanbadMatter remanded to Assessing Officer to adjudicate whether bike won via scratch card is gift or lottery winning. 

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Income-tax Act, 1961
56(2)(viib), Rule 11UA(2)(b)People Care Hospitals (P.) Ltd. v. ITORejection of valuation report for share premium unjustified; no contrary material furnished. 

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Income-tax Act, 1961; Income-tax Rules
68, Rule 11UA(2)(b)People Care Hospitals (P.) Ltd. v. ITOAddition for share premium deleted; identity, creditworthiness, and genuineness proved with valuation certificate.Click HereIncome-tax Act, 1961; Income-tax Rules
68, 143(3)Income-tax Officer v. Hemanshu Ramniklal ShahSLP dismissed; reopening based on already available information is change of opinion. 

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Income-tax Act, 1961
69, 148A(b), 143(3)Pranav Ramesh Parikh v. Deputy Commissioner of Income-taxReassessment notices quashed; reopening based on incorrect assumptions about sham transactions.Click HereIncome-tax Act, 1961
69ADeputy Commissioner of Income-tax v. Jaymahakali Shikshan SansthaSection 69A not applicable; source of interest income on unsecured loan was known.Click HereIncome-tax Act, 1961
69A, 147Pradeep Kumar Agrawal v. Income-tax OfficerReassessment set aside; beyond four years and all material facts disclosed.Click HereIncome-tax Act, 1961
80PIncome-tax Officer v. Cooperative Cane Development Union Ltd.Commission on Sugarcane Marketing by Cooperative Society Constitutes Business Income Eligible for Section 80P Deduction.Click HereIncome-tax Act, 1961
144BHasmukhbhai Girdharilal Chopra v. National Faceless Assessment Centre, Govt. of IndiaReassessment order quashed; Assessing Officer passed order without considering assessee’s detailed reply.

 

Click HereIncome-tax Act, 1961
148, 148A(b)Dharmistha Yogesh Joshi v. Deputy Commissioner of Income-taxNotices under sections 148A(b) and 148 quashed; issued against deceased person.

Notice Issued to Deceased Person Invalid When Legal Heir Details Available.

Click HereIncome-tax Act, 1961
194CInfoobjects Software India (P.) Ltd. v. Deputy Commissioner of Income-taxSection 194C not applicable to catering expenditure subjected to GST.Click HereIncome-tax Act, 1961
194CInfoobjects Software India (P.) Ltd. v. Deputy Commissioner of Income-taxHotel room booking expenses not liable to TDS under section 194C; not ‘work’.Click Here
201Ravi Shree Narayan Transport v. Assistant Commissioner of Income-tax, TDSOpportunity Should Be Given Before Deeming Assessee in Default for Non-Deduction of TDS.

Matter remanded; Assessing Officer to consider if deductee paid tax on interest income.

 

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Income-tax Act, 1961
220BMW India (P.) Ltd. v. DCITStay on the recovery of outstanding demand if Assessee deposited 20% of demanded tax

Partial stay granted on outstanding demand; prima facie case made out.

Click HereIncome-tax Act, 1961
263Principal Commissioner of Income-tax v. Halmira Estate Tea (P.) Ltd.Revisionary order set aside; due verification already done by Assessing Officer.Click HereIncome-tax Act, 1961

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