IMPORTANT INCOME TAX CASE LAWS 02.01.2026

By | January 2, 2026

IMPORTANT INCOME TAX CASE LAWS 02.01.2026

Relevant Act Section Case Law Title Brief Summary Citation
Income-tax Act, 1961 Section 11 Goswami Bhagwan Lal Education Society v. ITO Denial of exemption under Section 11 for non-filing of Form 10B without giving an opportunity to rectify the defect under Section 139(9) is a debatable issue and cannot be done via a summary adjustment under Section 143(1). Click Here
Income-tax Act, 1961 Section 11 Krishna Janmashtmi Mahotsav Samiti v. ITO (Exemption) Donations received for organizing Janmashtami Mahotsav (religious/cultural events) and spent on free meals/publicity for the event cannot be treated as business promotion receipts; they are consistent with the trust’s charitable objects. Click Here
Income-tax Act, 1961 Section 35ABB DCIT v. Bharti Hexacom Ltd. Variable license fees paid to the Department of Telecommunications (DoT) under the New Telecom Policy 1999 are capital in nature and must be amortized under Section 35ABB. Click Here
Income-tax Act, 1961 Section 37(1) DCIT v. Bharti Hexacom Ltd. Subscriber verification penalties paid to the DoT for violation of KYC norms are allowed as business expenditure under Section 37(1) (not treated as penalty for offence). Spectrum usage charges are also allowable revenue expenditure. Click Here
Income-tax Act, 1961 Section 37(1) Natural Capsules Ltd. v. ITO Expenditure on share transfer work, listing fees, and reconciliation (not related to fresh capital issue) is allowable revenue expenditure. Similarly, costs for replacing minor equipment (magnetic enclosures) to prevent contamination do not create an enduring benefit and are revenue in nature. Click Here
Income-tax Act, 1961 Section 68 Bhamiraben Prashantkumar Patel v. ITO Reopening based on bogus LTCG from penny stocks was unjustified where the assessee demonstrated she was a bona fide investor, having held the scrip and even incurred losses in subsequent years. Click Here
Income-tax Act, 1961 Section 69 DCIT v. Jagathrakshakan Srinisha Addition for unexplained jewellery found at the father’s premises was deleted as the assessee explained the holdings through VDIS disclosures, family gifts, and drawings. Click Here
Income-tax Act, 1961 Section 115BBE DCIT v. Jagathrakshakan Srinisha If an addition is sustained only as estimated business income (and not under S. 68-69D), the higher tax rate under Section 115BBE cannot be invoked via rectification under Section 154. Click Here
Income-tax Act, 1961 Section 119 Sirez Ltd. v. Union of India Delay of 30 months in filing a return due to an inter se dispute between directors was not condoned as the assessee failed to produce court records showing how the dispute actually prevented the filing. Click Here
Income-tax Act, 1961 Section 132 Jigishaben Minesh Patel v. ACIT Continued detention of seized jewellery after the assessee discharged her full tax liability (via Vivad Se Vishwas Scheme) was illegal. The department cannot hold it for the tax demand of a joint locker holder. Click Here
Income-tax Act, 1961 Section 139 Exim Infrastructure India (P.) Ltd. v. CBDT Successive resignation of key finance employees constitutes a “reasonable cause” for delay in filing the return. The CBDT was directed to condone the delay. Click Here
Income-tax Act, 1961 Section 194H DCIT v. Bharti Hexacom Ltd. Section 194H (TDS on Commission) is not applicable to discounts allowed by telecom companies to distributors on prepaid instruments/SIM cards, as the relationship is principal-to-principal. Click Here

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