INCOME TAX CASE LAWS 27.10.2026
Here is the complete analysis and summary of the provided case laws formatted cleanly in a table.
Case Law Summary & Analysis
| Relevant Act | Section | Case Law Title | Citation | Brief Summary |
| Building and Other Construction Workers’ Welfare Cess Act, 1996 | Section 11 | Ridhiraj Builders and Promoters v. State of Rajasthan | Click Here | Rule 14(2)(b) of the 1998 Rules is ultra vires Section 11 r/w Section 14 of the Act and void; Appellate Authority cannot insist on a certificate under this provision to entertain an appeal. |
| Income-tax Act, 1961 | Section 12AB | Kshitij Foundation v. Commissioner of Income-tax (Exemptions) | Click here | Imposing a contingency-based condition making Section 12AB registration/tax benefits subject to the outcome of proposed Supreme Court proceedings is impermissible and directed to be deleted. |
| Insolvency and Bankruptcy Code, 2016 | Section 31 | Aqua Terra Coke and Energy Ltd. v. Income-tax Officer | Click here | NCLT/NCLAT can examine if a resolution plan adequately provides for tax dues under law, but lacks jurisdiction to adjudicate the underlying merits or validity of statutory tax determinations. |
| Income-tax Act, 1961 | Section 32 | Wheels India Ltd. v. Deputy Commissioner of Income-tax | Click here | Where eligible plant and machinery was put to use for <180 days in a prior year, the assessee is entitled to claim the remaining 50% additional depreciation under Section 32(1)(iia) in the subsequent year. |
| Income-tax Act, 1961 | Section 37(1) | Principal Commissioner of Income-tax v. Geojit Financial Services Ltd. | Click Here | Discount on shares allotted to employees under ESOPs is allowable as a revenue expenditure under Section 37(1). |
| Income-tax Act, 1961 | Section 48 | Hiteshkumar Mohanlal Desai v. Assessment Unit, ITD | Click here | Adding entire consideration under a Joint Development Agreement in one year is unsustainable when the assessee actually received consideration in parts and disclosed/offered capital gains in subsequent returns accepted by the Revenue. |
| Income-tax Act, 1961 | Section 48 | Sel Resources Ltd. v. ITO | Click here | Where AO allowed only part of stamp duty paid towards cost of acquisition without adjudicating the balance, the matter was remanded for limited verification of full stamp duty claim. |
| Income-tax Act, 1961 | Section 50C | Sel Resources Ltd. v. ITO | Click here | If DVO valuation subsequently differs from stamp duty value, AO can rectify under Section 154; however, where DVO value matches stamp duty value, no rectification is required. |
| Income-tax Act, 1961 | Section 50C | May Flower Enterprises (P.) Ltd. v. ACIT | Click here | Section 50C is inapplicable to consideration received for relinquishing a contractual right to seek specific performance under an unregistered agreement, as no registered interest in land/building was transferred. |
| Income-tax Act, 1961 | Section 50D | Sitha Mahalakshmi Katamaneni v. Income-tax Officer | Click here | When computing capital gains under Section 50D by adopting FMV on the date of transfer, AO cannot replace FMV with the developer’s construction costs incurred in subsequent financial years. |
| Income-tax Act, 1961 | Section 68 | Ramilaben Balubhai Ahir v. Income-tax Officer | Click here | Where alleged escaped income (from assessee’s share in property sale) is under ₹50 lakhs (₹37.55 lakhs), Section 148 notice issued after the 3-year limitation period is barred by Section 149(1)(b) and liable to be set aside. |
| Income-tax Act, 1961 | Section 68 | Samriddhi Petro Products (P.) Ltd. v. ACIT | Click here |
Remanded for detailed lender-wise factual verification of 52 unsecured loans. Assessee is not obliged to prove “source of source” for unsecured loans as the first proviso to Section 68 was inapplicable for the relevant year. |
| Income-tax Act, 1961 | Section 68 | Samriddhi Petro Products (P.) Ltd. v. ACIT | Click here | Where PCIT in Section 263 proceedings did not find share consideration to be fictitious or premium unexplained, any consequential addition made by the AO under Section 68 is unsustainable. |
| Income-tax Act, 1961 | Section 68 | Income-tax Officer v. Varda Energy and Engineering (P.) Ltd. | Click here | Deletion of Section 68 addition was proper where assessee provided detailed landholding, production, and sale records for agricultural income from maize seeds, with no rebuttal evidence from Revenue. |
| Income-tax Act, 1961 | Section 68 | Income-tax Officer v. Varda Energy and Engineering (P.) Ltd. | Click here | Section 68 cannot be invoked for alleged bogus purchases of iron & steel used for construction (shown as WIP) where there is no corresponding credit entry in the books of account. |
| Income-tax Act, 1961 | Section 68 | Income-tax Officer v. Varda Energy and Engineering (P.) Ltd. | Click here | Addition under Section 68 for share application money is unjustified where assessee proved identity, creditworthiness, and transaction genuineness, and AO failed to link assessee to accommodation entries. |
| Income-tax Act, 1961 | Section 69 | Suresh Dattu Kamat v. Union of India | Click here | Where initial Section 148A notice for interest income was dropped, reopening reassessment on portal info regarding undisclosed property investment—without foundational facts in original notice—lacks jurisdiction and is quashed. |
| Income-tax Act, 1961 | Section 80G | Kshitij Foundation v. Commissioner of Income-tax (Exemptions) | Click here | Subjecting Section 80G(5) approval to the outcome of future Supreme Court proceedings is unjustified, and such a restrictive condition must be deleted. |
| Income-tax Act, 1961 | Section 80P | Commissioner of Income-tax v. Pandyan Grama Bank | Click here | Regional Rural Banks (RRBs) are deemed co-operative societies under Section 22 of the RRB Act; hence, deduction under Section 80P remains available despite the bar under Section 80P(4). |
| Income-tax Act, 1961 | Section 148B | L N Enterprises v. DCIT | Click Here | Search-based assessment completed using seized digital data without issuing a notice under Section 148 and lacking mandatory approval under Section 148B is unsustainable and quashed. |
| Income-tax Act, 1961 | Section 153C | Meghalaya Infratech Ltd. v. Deputy Commissioner of Income-tax | Click Here | Initiating Section 153C assessment proceedings for prior years after the NCLT has already approved a Resolution Plan under CIRP is without jurisdiction; orders and demands are set aside. |
| Insolvency and Bankruptcy Code, 2016 | Section 238 | Aqua Terra Coke and Energy Ltd. v. Income-tax Officer | Click here | Tax dues arising during the CIRP period fall outside regular CIRP claim submissions; the “Clean Slate Doctrine” cannot be extended to discharge post-initiation statutory dues under GST and Income-tax laws. |
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