IMPORTANT INCOME TAX CASE LAW 02.11.2025

By | November 3, 2025
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IMPORTANT INCOME TAX CASE LAW 02.11.2025

 

SectionCase Law TitleBrief SummaryCitationRelevant Act
Section 11National Law Institute University v. Deputy Commissioner of Income-tax (Exemption)Activity of providing hostel and mess facilities by a university, being incidental to education, is not considered ‘business’. Exemption under section 11(1)(a) is allowable at 15% on gross receipts from this activity.Click HereIncome-Tax Act, 1961
Section 36Kausalya Agro Farms and Developers (P.) Ltd. v. Income-tax OfficerDisallowance of interest under section 36(1)(iii) was not warranted where the underlying investments were already accepted as commercially expedient in a prior year.Click HereIncome-Tax Act, 1961
Section 45Basavaraju Shivakumar Holavanahalli v. Assistant Commissioner of Income-taxProfit from the sale of a commercial building, held for six years and sold due to financial strain (forced sale), was assessable as capital gains, and exemption under section 54EC was allowable.Click HereIncome-Tax Act, 1961
Section 68National Law Institute University v. Deputy Commissioner of Income-tax (Exemption)Unutilized mess account balances from earlier years, credited to reserve in the current year, cannot be assessed as current year’s income under Section 68, as each assessment year is separate.Click HereIncome-Tax Act, 1961
Section 148ANeena Jatin Shah v. Income-tax OfficerA notice issued under section 148 to a dead person is null and void.Click HereIncome-Tax Act, 1961
Section 220Dominion Diamond (India) (P.) Ltd. v. Assistant Commissioner of Income-taxWhere a High Court’s ad-interim order stayed a notice/assessment, the Assessing Officer could not convert the stayed notice into one under section 148A(b) or pass an order under 148A(d). Adjustment of refund against a stayed demand is impermissible.Click HereIncome-Tax Act, 1961
Section 271OPG Power Generation (P.) Ltd. v. Assistant Commissioner of Income-taxRecovery proceedings for a penalty under section 271(1)(c) must be kept in abeyance while the assessee’s appeal against the Tribunal’s order (on the underlying addition) is pending before the High Court.Click HereIncome-Tax Act, 1961
Section 281BJSR Infra Developers (P.) Ltd. v. Tax Recovery OfficerThe Tax Recovery Officer was directed to release attached property where additions were set aside by Commissioner (Appeals) and the entire arrears had already been paid by the assessee.Click HereIncome-Tax Act, 1961

For More :- Read IMPORTANT INCOME TAX CASE LAW 31.10.2025