| Section 2(14) |
Sonu Grover v. Income-tax Officer |
Verification of actual distance from municipal limits using Tehsildar’s certificate and Google Maps was required to determine whether land sold was a rural agricultural land exempt from capital gains; matter remanded for fresh adjudication. |
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Income-tax Act, 1961 |
| Section 2(15) |
Masina Hospital Trust v. CIT (Exemptions) |
Where a charitable hospital had no evidence of income diversion for private benefit, metrics like tariff or revenue per bed alone could not make its activities commercial; entitled to Section 12AB renewal. |
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Income-tax Act, 1961 |
| Section 2(15) |
Commissioner of Income-tax (Exemptions) v. Salej Rotary Seva Foundation |
Registration under Section 12AB was justified for a Section 8 company since its main objects were not limited to members and welfare activities benefited the public at large. |
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Income-tax Act, 1961 |
| Section 10(23) |
ITO (E) v. Board of Control for Cricket in India |
PILCOM was a joint managing committee and not an independent AOP; hence, only BCCI’s Indian match surplus from the 1996 World Cup was assessable, with Section 10(23) exemption allowable. |
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Income-tax Act, 1961 |
| Section 11 |
Nizamia Hyderabad Womens Association Trust v. Income-tax Officer |
Excess application of income entitlement flows directly from Section 11 and cannot be denied merely because a separate carry-forward claim was not made in earlier returns. |
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Income-tax Act, 1961 |
| Section 12AB |
Ashoka University v. Commissioner of Income-tax (Exemption) |
Section 12AB renewal could not be denied based on unsupported allegations or differing interpretations without findings of non-genuine activities by relevant authorities. |
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Income-tax Act, 1961 |
| Section 12AB |
Ashoka University v. Commissioner of Income-tax (Exemption) |
Rejection of a renewal application cannot automatically act as a cancellation of existing registration without initiating statutory cancellation proceedings under Section 12AB(4). |
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Income-tax Act, 1961 |
| Section 12AB |
D.R. Shanmukappa Charitable Trust v. Commissioner of Income-tax (Exemptions) |
Rejection of earlier applications for procedural defects does not bar a trust from filing a fresh Section 12AB application, which can be granted prospectively from the new application date. |
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Income-tax Act, 1961 |
| Section 12AB |
Masina Hospital Trust v. CIT (Exemptions) |
Renewal proceedings under Section 12AB cannot be converted into a retrospective cancellation/annulment of existing registration from the date of grant without findings of fraud or statutory violations. |
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Income-tax Act, 1961 |
| Section 12AB |
Masina Hospital Trust v. CIT (Exemptions) |
Independent cancellation of Section 12AB registration for alleged non-compliance with the Maharashtra Public Trusts Act (Indigent Patients’ Fund) was unjustified without an adverse finding from authorities under that Act. |
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Income-tax Act, 1961 |
| Section 12AB |
Ahmedabad Visha Shrimali Jain v. CIT (Exemption) |
Subsisting registration in Form 10AC could not be treated as invalid or rejected solely for non-production of an earlier certificate where no adverse findings existed regarding trust objects or activities. |
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Income-tax Act, 1961 |
| Section 12AB |
Ahmedabad Visha Shrimali Jain v. CIT (Exemption) |
Matter restored for limited verification after the trust produced the prior registration certificate, confirming that renewal should not be rejected merely due to initial non-production. |
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Income-tax Act, 1961 |
| Section 14A |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Disallowance under Section 14A read with Rule 8D required fresh examination where interest-free funds exceeded investments and investments were made in growth funds not yielding exempt income. |
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Income-tax Act, 1961 |
| Section 32 |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Balance 50% additional depreciation is allowable in the immediately succeeding assessment year if new plant/machinery was used for less than 180 days in the initial previous year. |
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Income-tax Act, 1961 |
| Section 37(1) |
Patanjali Renewable Energy (P.) Ltd. v. Dy. CIT |
Unclaimed input VAT credit included as part of purchase cost (and not claimed separately in VAT returns) is allowable as business expenditure under Section 37(1). |
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Income-tax Act, 1961 |
| Section 48 |
Sonu Grover v. Income-tax Officer |
Recomputation of capital gains was ordered to grant indexation benefit on the sale of property. |
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Income-tax Act, 1961 |
| Section 48 |
Ranjan Sen Jain v. Income-tax Officer |
AO could not replace registered valuers’ FMV and builder’s cost certificate with his own estimates without a reference to DVO; FMV and cost certificate should be accepted with proper Section 54 deduction. |
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Income-tax Act, 1961 |
| Section 54 |
Ranjan Sen Jain v. Income-tax Officer |
Receiving multiple floors as a single residential unit under a collaboration agreement qualifies as acquiring one residential unit, making it eligible for Section 54 deduction. |
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Income-tax Act, 1961 |
| Section 54 |
Sonu Grover v. Income-tax Officer |
Section 54 deduction is allowable where evidence (bank certificate/statement) establishes that unutilized capital gains were deposited in the Capital Gains Accounts Scheme. |
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Income-tax Act, 1961 |
| Section 54 |
Pavan Kumar Agarwal v. Deputy Commissioner of Income-tax |
Restricting Section 54 exemption to only one house was improper where the assessee sold 17 flats and invested capital gains into 5 residential houses (exemption allowed up to the number of original properties transferred). |
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Income-tax Act, 1961 |
| Section 54F |
Smt. Anuradha Chennu v. Dy. CIT |
Prior to the Finance Act 2014 amendment, investment of consideration received via a JDA into multiple (50) flats was eligible for Section 54F exemption across all flats. |
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Income-tax Act, 1961 |
| Section 68 |
Patanjali Renewable Energy (P.) Ltd. v. Dy. CIT |
Where cash deposits during demonetization showed a disproportionate spike prior to the period, a reasonable lump-sum addition was held proper instead of full disbelief/addition. |
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Income-tax Act, 1961 |
| Section 68 |
Patanjali Renewable Energy (P.) Ltd. v. Dy. CIT |
Submitting creditor’s confirmation and ledger account discharges the initial onus under Section 68; addition for unexplained credit deleted. |
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Income-tax Act, 1961 |
| Section 68 |
Prasad Nimmagadda v. ACIT |
Assessee was granted another opportunity to present evidence regarding foreign bank credits before CIT(A) in the interest of justice given pending criminal proceedings. |
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Income-tax Act, 1961 |
| Section 72 |
Patanjali Renewable Energy (P.) Ltd. v. Dy. CIT |
Assessing Officer must verify and compute brought-forward business loss before disallowing its set-off against subsequent year’s income. |
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Income-tax Act, 1961 |
| Section 92C |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Transfer pricing adjustment on royalty paid to AE deleted as TPO failed to bring any comparable uncontrolled transaction or benchmarking analysis on record. |
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Income-tax Act, 1961 |
| Section 92C |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Rejection of TNMM in favor of CUP using domestic sales without making adjustments for export market conditions was unjustified. |
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Income-tax Act, 1961 |
| Section 92C |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Benchmarking for delayed AE receivables should be calculated using LIBOR + 100 bps after granting a credit period, rather than SBI Prime Lending/Base Rate. |
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Income-tax Act, 1961 |
| Section 115-O |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Issue regarding whether Dividend Distribution Tax (DDT) rate is restricted by DTAA treaty rates was restored to AO to await final outcome of pending Supreme Court proceedings. |
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Income-tax Act, 1961 |
| Section 145A |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Deletion of additions on unutilized Modvat/Cenvat credit upheld as switching between inclusive and exclusive accounting methods was revenue neutral. |
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Income-tax Act, 1961 |
| Section 149 |
Jitendra Shankarlal Mistri v. Income-tax Officer |
Section 148 reopening notice is valid if initial information suggested escapement of ≥ ₹50 lakhs, even if the final assessed escaped income turns out to be below ₹50 lakhs. |
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Income-tax Act, 1961 |
| Section 192 |
Kansai Nerolac Paints Ltd. v. Deputy Commissioner of Income-tax |
Disallowance under Section 40(a)(ia) for director commission provision deleted because TDS was subsequently deducted under Section 192 upon payment. |
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Income-tax Act, 1961 |
| Section 263 |
Hollis Vitrified (P.) Ltd. v. Principal Commissioner of Income-tax |
Tribunal impermissibly relied on a subsequent assessment order passed under Section 143(3) r.w.s. 263 while deciding an appeal against PCIT’s invocation of Section 263 jurisdiction; order quashed. |
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Income-tax Act, 1961 |