IMPORTANT INCOME TAX CASE LAWS 09.11.2025

By | November 10, 2025

IMPORTANT INCOME TAX CASE LAWS 09.11.2025

TypeSection/RuleCase Law Title / NotificationBrief SummaryCitation / No.Relevant Act
NotificationSection 92C(2), third proviso (read with Rule 10CA(7))CBDT Notification No. 157/2025Notifies the tolerance range for Arm’s Length Price (ALP) determination for Assessment Year 2025-26 as 1% for wholesale trading and 3% for all other cases.notification-157-2025Income-Tax Act, 1961 (IT Act, 1961)
Case LawSection 11Dinesh Surendra Kotecha v. Union of IndiaAssessee-trust was denied exemption under Section 11 due to a 70-day delay in filing the audit report (Form 10B). The court held that condonation was warranted to avoid genuine hardship and the order rejecting the application, based solely on a three-year CBDT Circular limit, was not justified.Click HereIncome-Tax Act, 1961
Case LawSection 37(1)Principal Commissioner of Income-tax v. Remfry and SagarLicence fee paid by a law firm for the use of goodwill was held to be wholly and exclusively for business and thus allowable as a deduction under Section 37(1).Click HereIncome-Tax Act, 1961
Case LawSection 37(1)Principal Commissioner of Income-tax v. Remfry and SagarAd hoc disallowance of 5% of travelling and entertainment expenses by the AO was deleted as no discrepancies were pointed out in the books or evidence of a personal element was produced.Click HereIncome-Tax Act, 1961
Case LawSection 37(1)ACIT v. Alfa Laval India (P.) Ltd.Where the assessee consistently followed a policy of disallowing incremental provision and claiming deduction for a decrease, the reversal of earlier disallowed provisions (liquidated damages, doubtful debts) was allowable as the Revenue failed to rebut the factual findings.Click HereIncome-Tax Act, 1961
Case LawSection 40(a)(ia)ACIT v. Alfa Laval India (P.) Ltd.Deletion of an addition under Section 40(a)(ia) was justified where the assessee reversed year-end provisions (on which TDS was not deducted in the earlier year) and booked the expenses upon receipt of invoices in the current year, claiming the disallowed amount in the year of allowability.Click HereIncome-Tax Act, 1961
Case LawSection 43Vinil Venugopal v. DDIT (Inv.)Imposition of penalty under Section 43 for non-disclosure of foreign assets in the return of income is not mandatory; the Assessing Officer has discretion depending on the facts and circumstances of each case.Click HereBlack Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
Case LawSection 68Kashi Nath Seth Sarraf (P.) Ltd. v. ACITThe addition made under Section 68 for cash sales of Rs. 9.24 crores during demonetisation was not justified as the assessee provided convincing material regarding sufficient stock, manpower, time, and the sales were shown in VAT returns accepted by VAT authorities.Click HereIncome-Tax Act, 1961
Case LawSection 80GNiravadya Foundation v. CIT (Exemption)Rejection of an application for regular approval under Section 80G (in Form 10AB) solely because a provisional approval (Form 10AC) existed was contrary to law, as the statute mandates applying for regular approval after the provisional period.Click HereIncome-Tax Act, 1961
Case LawSection 92CACIT v. Alfa Laval India (P.) Ltd.The Transactional Net Margin Method (TNMM) was rightly adopted as the Most Appropriate Method (MAM) to benchmark the export of traded spares to AEs, as the Tribunal had held the same in the immediately preceding year for similar facts.Click HereIncome-Tax Act, 1961
Case LawSection 143ACIT. v. Viacom 18 Media (P.) Ltd.The assessment order passed in the name of a non-existing company (which had amalgamated and the fact was duly informed to the AO) was void and was ordered to be quashed.Click HereIncome-Tax Act, 1961
Case LawSection 145ACIT v. Alfa Laval India (P.) Ltd.An addition based on alleged non-disclosure of ICDS adjustment was unsustainable where the assessee accounted for the mark-to-market effect on forward contracts as per ICDS, disclosed the profit increase, and the balance was credited to retained earnings with reconciliation.Click HereIncome-Tax Act, 1961
Case LawSection 148Diamond tmt and Procon (P.) Ltd. v. Income-tax OfficerA subsequent notice under Section 148 issued by an ITO based solely on PAN jurisdiction in the ITBA system, after the case was statutorily transferred to another location under Section 127, was without authority and was quashed.Click HereIncome-Tax Act, 1961
Case LawSection 237U.P. Rajya Nirman Sahakari Sangh Ltd. v. Union of India Min.of Finance Dept.of RevenueThe AO cannot deny a TDS refund solely due to a mismatch with Form 26AS if the assessee submits valid Form 16A certificates; the AO is obliged to verify the Form 16A details.Click HereIncome-Tax Act, 1961
Case LawSection 254Bhagwanjibhai N. Delwadia v. Assistant Commissioner of Income-taxWhere the Tribunal dismissed the assessee’s cross-objection due to a factual error regarding the delay (miscalculating 31 days as 8-9 months) and failed to reconsider it after a corrigendum, the Tribunal’s order was set aside for a rehearing on the merits.Click HereIncome-Tax Act, 1961
Case LawSection 276Nilesh Agarwal v. Income-tax Office (ITO)The continuation of prosecution against the directors alone for the offence of transferring company assets to thwart tax recovery (Section 276) without impleading the company as an accused is contrary to law and an abuse of process.Click HereIncome-Tax Act, 1961

For More :- Read IMPORTANT INCOME TAX CASE LAWS 06.11.25