Category Archives: Income Tax

An asset transferred via a slump sale cannot be isolated and taxed again upon registration.

By | July 9, 2026

An asset transferred via a slump sale cannot be isolated and taxed again upon registration. Issue Whether the revenue department can separately tax the subsequent registration of a conveyance deed for an immovable property under Section 50C in a later assessment year, when that specific asset was already transferred and taxed as part of a… Read More »

An asset transferred via a slump sale cannot be isolated and taxed again upon registration.

By | July 9, 2026

An asset transferred via a slump sale cannot be isolated and taxed again upon registration. Issue Whether the revenue department can separately tax the subsequent registration of a conveyance deed for an immovable property under Section 50C in a later assessment year, when that specific asset was already transferred and taxed as part of a… Read More »

Capital gains depend on actual possession, while arbitrary valuation averaging is completely legally invalid.

By | July 9, 2026

Capital gains depend on actual possession, while arbitrary valuation averaging is completely legally invalid. Issue Whether capital gains tax is triggered by an unregistered agreement without parting with possession or only upon the final registered transfer of physical possession. Whether arbitrary mathematical averaging of conflicting valuations by appellate authorities and ignoring taxpayer objections by the… Read More »

Sales tax incentive received as a capital receipt is excluded from normal income and Section 115JB book profits.

By | July 9, 2026

Sales tax incentive received as a capital receipt is excluded from normal income and Section 115JB book profits. Issue Whether a recurring sales tax incentive/subsidy received by the assessee constitutes a non-taxable capital receipt that must be excluded from both the regular income computation under Section 28(i) and the book profit computation under Section 115JB.… Read More »

Rental income constitutes house property income, while unverified interest claims require fresh adjudication remand.

By | July 9, 2026

Rental income constitutes house property income, while unverified interest claims require fresh adjudication remand. Issue Whether rental income from letting out fully furnished office premises is taxable under the head ‘Income from House Property’ or ‘Profits and gains of business or profession’ when GST is collected but no systematic business operations are undertaken. Whether interest… Read More »

Trust registration cannot be cancelled for financial irregularities without deviation from core charitable objects.

By | July 9, 2026

Trust registration cannot be cancelled for financial irregularities without deviation from core charitable objects. Issue Whether the PCIT can legally cancel a trust’s tax registration under Section 12AB(4) by invoking clauses (a) and (e) of the Explanation for financial irregularities/related-party benefits under Section 13(3), when the trust continues its genuine charitable activity of imparting education… Read More »

Official revenue classifications and specific statutory distance notifications override administrative presumptions regarding agricultural land taxation.

By | July 9, 2026

Official revenue classifications and specific statutory distance notifications override administrative presumptions regarding agricultural land taxation. Issue Whether the revenue department can deny a tax exemption under Section 10(37) on capital gains from the compulsory acquisition of land by relying on localized reports of non-cultivation, when official state revenue records explicitly classify the land as agricultural… Read More »

INCOME TAX CASE LAW 06.07.2026

By | July 7, 2026

INCOME TAX CASE LAW 06.07.2026 Relevant Act Section Case Law Title / Issuing Authority Citation / Notification No. Brief Summary Income-tax Act, 1961 TDS Exemption (IFSC Units) Central Board of Direct Taxes (CBDT) Click Here Exempts TDS under Section 194 (noted as 393 in edit) on lease rent or supplemental lease rent paid to eligible… Read More »

Reassessment based on financial notes previously scrutinized during the original assessment constitutes an impermissible change of opinion.

By | July 7, 2026

Reassessment based on financial notes previously scrutinized during the original assessment constitutes an impermissible change of opinion. Issue Whether the Assessing Officer can legally initiate reassessment proceedings under Section 148 to disallow foreign currency transaction losses and warranty provisions when both items were fully disclosed in the original financial notes, explicitly scrutinized via Section 142(1)… Read More »

An assessment order giving effect to an appellate decision beyond the statutory limitation period is a nullity and must be quashed.

By | July 7, 2026

An assessment order giving effect to an appellate decision beyond the statutory limitation period is a nullity and must be quashed. Issue Whether an assessment order passed by the Assessing Officer to give effect to a CIT(A) appellate order is legally sustainable when it is issued beyond the strict three-month statutory limitation period prescribed under… Read More »