IMPORTANT INCOME TAX CASE LAW 30.05.25
Section | Case Law Title | Brief Summary | Citation | Relevant Act |
2(14) | Dharampal Saghera v. Income-tax Officer | Compensation received in family settlement for relinquishing possession and claim of property is capital gain, not income from other sources. | Click Here | Income-tax Act, 1961 |
10(23C) | Institute Management Committee ITI Jhalawar v. Income-tax Officer | Exemption under section 10(23C)(iiiad) not denied solely for belated return if aggregate receipts are below specified limit and compliance not mandated. | Click Here | Income-tax Act, 1961 |
12AB, 80G | Shriram Paropkari Trust v. Commissioner of Income-tax Exemption | Delay of 33 days in filing appeal condoned as management was unaware of order sent to email ID. | Click Here | Income-tax Act, 1961 |
12AB | Shriram Paropkari Trust v. Commissioner of Income-tax Exemption | Matter restored for fresh adjudication; reasons for rejection (illegible trust deed, incomplete Form 10AB, non-registration under Rajasthan Public Trust Act, genuineness) were curable. | Click Here | Income-tax Act, 1961 |
12AB | Siwanchi Oswal Jain Bhavan Trust v. Commissioner of Income-tax (Exemptions) | Matter set aside for fresh adjudication; rejection based on financial statement not suggesting cost towards charitable activity was unjustified as no material proved non-charitable objectives. | Click Here | Income-tax Act, 1961 |
32(1)(ii) | Olympic Decor LLP v. PR. Commissioner of Income-tax-3 | Goodwill arising from amalgamation is a valid intangible asset eligible for depreciation. | Click Here | Income-tax Act, 1961 |
35(1)(ii) | DCIT v. Avra Laboratories (P.) Ltd. | Donation for auditorium construction at Indian Institute of Science is eligible for deduction under section 35(1)(ii) as it facilitates scientific research activities. | Click Here | Income-tax Act, 1961 |
43CA | Gaurav Investments v. Deputy Commissioner of Income-tax | Proviso to section 43CA allowing 10% tolerance band is retrospective; no addition warranted if difference within limit. | Click Here | Income-tax Act, 1961 |
48 | Sh. Vijay Rai Marwaha v. ACIT | Reasonable lump sum value adopted for cost of acquisition when divergent valuation reports are submitted. | Click Here | Income-tax Act, 1961 |
50C | Sh. Vijay Rai Marwaha v. ACIT | Section 50C Inapplicable if Actual Sale Price Exceeds Stamp Duty Value | Click Here | Income-tax Act, 1961 |
68, 263 | Olympic Decor LLP v. PR. Commissioner of Income-tax-3 | PCIT cannot revise order under section 263 merely to invoke a different provision (Section 68) when an addition already made under another provision (Section 28). | Click Here | Income-tax Act, 1961 |
69 | Prasanth Sunil Kumar Bohra v. Income-tax Officer | Reassessment proceedings quashed; AO did not dispose of assessee’s objections to information from Insight portal. | Click Here | Income-tax Act, 1961 |
80-IA, 263 | Olympic Decor LLP v. PR. Commissioner of Income-tax-3 | Assessment not erroneous; PCIT cannot invoke section 263 when AO verified 80-IA claim with reconciliation of depreciation and other documents. | Click Here | Income-tax Act, 1961 |
149(1)(b) | L-1 Identity Solutions Operating Company (P.) Ltd. v. Assistant Commissioner of Income-tax, Central Circle – 25 | Reopening notice beyond 3 years is invalid if the escaped income for the specific year is below Rs. 50 lakhs, even if cumulative undercharging across multiple years exceeds the threshold. | Click Here | Income-tax Act, 1961 |
154 | Orient Overseas Container Line Ltd. v. DCIT | Relevant information to be remitted back to AO for verification when rectification application not received within six months. | Click Here | Income-tax Act, 1961 |
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