INCOME TAX CASE LAWS 13.10.2026

Here is the structured summary of the case laws and corresponding statutory provisions extracted from the text, organized into a table for quick reference:

Section	Case Law Title	Brief Summary	Citation	Relevant Act
Section 9	Credit Agricole Corporate and Investment Bank v. Assistant Commissioner of Income-tax (International Taxation)	Interest paid by an Indian PE of a France-based banking company to its HO or overseas branches could not be taxed independently in the hands of the HO/OB under Article 12 read with Article 7 of the India-France DTAA.	Click Here	Income-tax Act, 1961 / DTAA
Section 10(38)	Pankaj Kumar Baheti v. Income-tax Officer	Reassessment completed after substituting the regime without issuing a mandatory notice under section 143(2) (despite assessee requesting treatment of previously filed return as a response to section 148 notice) was without jurisdiction.	Click Here	Income-tax Act, 1961
Section 36(1)(va)	MIG Bandra Realtors & Builders (P.) Ltd. v. DCIT	Reassessment initiated based on group-level search findings could not be sustained solely on an unrelated addition for delayed employees’ PF/ESIC deposit when the original reopening reasons were not ultimately assessed.	Click Here	Income-tax Act, 1961
Section 37(1)	Principal Commissioner of Income-tax (Central) v. Sunit Sudhirbhai Chokshi	Deletion of interest disallowance on unsecured loans made on a notional basis by Commissioner (Appeals) and affirmed by Tribunal is a factual finding, giving rise to no question of law.	Click Here	Income-tax Act, 1961
Section 44C	Credit Agricole Corporate and Investment Bank v. Assistant Commissioner of Income-tax (International Taxation)	Direct Head Office/Overseas branch expenses (such as credit risk assistance, EDP assistance, and ISIS/ISAP charges) supported by evidence and attributable to the Indian branch are allowable under section 37(1) and not restricted by section 44C.	Click Here	Income-tax Act, 1961
Section 48	Siva Prabhu Madan v. Income-tax Officer	Cost of acquisition for capital gains computation on flat sale must include substantiated construction components backed by agreements and loan documents to reflect actual attributable cost.	Click Here	Income-tax Act, 1961
Section 50C	Dayaram Sobharam National Printing and Dyeing Works Compound v. ITO	Assessment of immovable property sale under section 50C as short-term capital gains without examining acquisition details or referring to DVO required restoration for fresh determination.	Click Here	Income-tax Act, 1961
Section 56	Sanjjay Saumyha v. Principal Commissioner of Income-tax	Interest income arising from premature conversion of zero-coupon debentures into equity shares (covering accrued interest of prior years omitted from declarations) is chargeable under section 56, validating section 263 revision.	Click Here	Income-tax Act, 1961
Section 68	Md. Jiauddin Ahmed v. ITO	Reopening based on CBI information regarding an LOC scam where the assessee failed to fully comply with Tribunal’s directions required reframing the assessment after considering all available material.	Click Here	Income-tax Act, 1961
Section 69A	Principal Commissioner of Income-tax (Central) v. Sunit Sudhirbhai Chokshi	Where a proposed addition under section 69A based on WhatsApp messages was inadvertently omitted from total income and concurrent findings of fact were recorded by the Tribunal, no question of law arose.	Click Here	Income-tax Act, 1961
Section 69C	Savli Copper Products (P.) Ltd. v. Income-tax Officer	Making additions for unexplained import expenditure without providing the assessee with detailed invoice-wise/bill-of-entry-wise reconciliations violates principles of natural justice, warranting a stay on demand.	Click Here	Income-tax Act, 1961
Section 80-IAB	Qubix Business Park (P.) Ltd. v. Deputy Commissioner of Income-tax	Provision of a corporate guarantee for debenture borrowings by an SEZ developer is not an activity of SEZ development, rendering the corporate guarantee fee ineligible for deduction under section 80-IAB.	Click Here	Income-tax Act, 1961
Section 92 / 92C	Credit Agricole Corporate and Investment Bank v. Assistant Commissioner of Income-tax (International Taxation)	TPO’s attribution of the entire commercial mark-up on derivative marketing to the Indian branch without following a prescribed method was unsustainable and liable to be deleted.	Click Here	Income-tax Act, 1961
Section 92B	Qubix Business Park (P.) Ltd. v. Deputy Commissioner of Income-tax	Provision of an unconditional corporate guarantee by a real estate developer in favour of its AE for debenture borrowings constitutes an international transaction, justifying an upward transfer pricing adjustment.	Click Here	Income-tax Act, 1961
Section 115BAC	Mina Manoj Agrawal v. Income-tax Officer	Filing Form 10-IE on or before the due date under section 139(1) requires exercising the option only once and remains valid for subsequent years, whereas belated filing disentitles the assessee from the new tax regime.	Click Here	Income-tax Act, 1961
Section 115JAA	Lupin Investments (P.) Ltd. v. Deputy Commissioner of Income-tax	An assessee amalgamating companies pursuant to an NCLT scheme is eligible to carry forward and set off unutilised Minimum Alternate Tax (MAT) credit accumulated by amalgamating companies if permitted by the scheme.	Click Here	Income-tax Act, 1961
Section 149	Manish Kumar Kotawala v. Deputy Commissioner of Income-tax, Central	Reopened proceedings for AY 2015-16 relating to income escaping assessment over Rs. 1 lakh with a notice issued on 20-03-2024 were barred by limitation under the first proviso to section 149(1) (beyond six years).	Click Here	Income-tax Act, 1961
Section 199	Credit Agricole Corporate and Investment Bank v. Assistant Commissioner of Income-tax (International Taxation)	Assessing Officer must verify TDS credits from Form 26AS, certificates, and supporting documents and grant credit accordingly, including consequential credits arising from Tribunal findings.	Click Here	Income-tax Act, 1961
Section 220	Savli Copper Products (P.) Ltd. v. Income-tax Officer	Standard Office Memorandums requiring a mandatory 20 percent deposit for stay of tax demands cannot restrict statutory power to grant a stay, and the direction to pay 20 percent was set aside.	Click Here	Income-tax Act, 1961
Section 234A	Credit Agricole Corporate and Investment Bank v. Assistant Commissioner of Income-tax (International Taxation)	Interest levies under sections 234A, 234B, and 234C are consequential and mandatory subject to correct income computation, with section 234A interest requiring verification of timely return filing.	Click Here	Income-tax Act, 1961
Section 270A	Rajasthan Urban Drinking Water Sewerage and Infrastructure Corporation Ltd. v. ACIT	Penalty under section 270A could not be levied on a Government company that filed its return after audit delays with tax already paid and income accepted without variation, as no under-reporting or revenue loss occurred.	Click Here	Income-tax Act, 1961