IMPORTANT INCOME CASE LAWS 08.12.2025
| Section | Case Law Title | Brief Summary | Citation | Relevant Act |
| 10(38) | Nilesh Bipinchandra Mehta HUF v. Principal Commissioner of Income-tax | Revisional jurisdiction under Section 263 was quashed because the Assessing Officer’s acceptance of Long-Term Capital Gains (LTCG) exemption on share sales, with no discrepancy in documents, was not considered erroneous or prejudicial to revenue interests. | Click Here | Income-Tax Act, 1961 |
| 12AB | Ram Saran Das Kishori Lal Charitable Trust v. Commissioner of Income-tax (Exemption) | Cancellation of registration under Section 12AB(4) was held invalid because the alleged “specified violations” pertained to a period prior to April 1, 2022, before the provisions could be invoked. | Click Here | Income-Tax Act, 1961 |
| 50C | Ms. Rupal Devang Naik v. Income-tax Officer | The matter was remanded back to the Assessing Officer for fresh adjudication where the assessee raised new factual issues (year of transfer, ancestral nature, stamp valuation, DVO reference, share) after the AO computed LTCG based on nil indexed cost and stamp value. | Click Here | Income-Tax Act, 1961 |
| 68 | Siddhi Corporation v. Deputy Commissioner of Income-tax Circle – 3(1)(1) Ahmedabad | Reopening notice was not justified as the assessee’s name did not appear in seized material regarding bogus loans/advances, and the transaction was actually commission paid, not loans/advances received from the mentioned operator. | Click Here | Income-Tax Act, 1961 |
| 68 | Dalmia Power Ltd. v. Assistant Commissioner of Income-tax | Impugned penalty notice was stayed because the order of the High Court regarding escapement of income on account of the share transaction was stayed by the Supreme Court (SC). | Click Here | Income-Tax Act, 1961 |
| 69C | Principal Commissioner of Income-tax v. Ravindra Bhaskar Deshmukh | Further reduction of disallowance for bogus purchases from 25% (by CIT(A)) to 12.5% (by ITAT) was considered a matter of estimation and did not raise a question of law. | Click Here | Income-Tax Act, 1961 |
| 69C | Kanak Impex (India) Ltd v. Principal Commissioner of Income-tax | Special Leave Petition (SLP) was dismissed against the High Court’s order which justified the addition of the entire amount of bogus purchases from hawala operators due to the assessee’s failure to prove the purchases. | Click Here | Income-Tax Act, 1961 |
| 80G | Ram Niwas Modi Charitable Society v. Commissioner of Income-tax(Exemption) | Rejection of the application for 80G approval was remanded back as it was against the principles of natural justice because the assessee was not confronted on the issue, as the Commissioner incorrectly processed it as a Section 12AB application first. | Click Here | Income-Tax Act, 1961 |
| 153 | Shell India Markets (P.) Ltd. v. Deputy Commissioner of Income-tax, Circle-3(4), Mumbai | No assessment order could be passed against the transferee company due to the bar of limitation under Section 153(1), as the High Court’s observation was not a finding or direction under Section 153(6). | Click Here | Income-Tax Act, 1961 |
| 244A | Den Discovery Digital Networks (P.) Ltd. v. ACIT, Nashik | The Assessing Officer should have allowed credit for advance tax and granted interest under Section 244A, even if the assessee inadvertently missed claiming the credit in the Return of Income, as the tax was reflected in Form 26AS. | Click Here | Income-Tax Act, 1961 |
| 282 | General Traders v. Principal Chief Commissioner of Income-tax | The impugned reopening notice under Section 148 was quashed because it was not served upon the assessee at the registered e-mail address as mandated by Section 282, but instead was sent to an inoperative e-mail address. | Click Here | Income-Tax Act, 1961 |
For More :- Read IMPORTANT INCOME TAX UPDATE 05.12.2025