IMPORTANT INCOME TAX CASE LAWS 06.02.2026
| Relevant Act | Section | Case Law Title | Brief Summary | Citation |
| Income-tax Act, 1961 | Section 32 | Anshul Speciality Molecules (P.) Ltd. v. DCIT | [Goodwill in Slump Sale] Excess consideration paid over net assets in a slump sale (as a going concern) to acquire commercial rights/licences is “Goodwill.” This qualifies as an intangible asset, and depreciation is allowable u/s 32(1)(ii). | Click Here |
| Income-tax Act, 1961 | Section 36(1)(va) | Rational Business Corp (P) Ltd v. DCIT | [Retrospective Disallowance] The SC ruling in Checkmate Services (mandatory PF/ESI deposit by statutory due date) has retrospective effect. Any delay reported in the Tax Audit Report will lead to disallowance even for past years. | Click Here |
| Income-tax Act, 1961 | Section 41(1) | DCIT v. Rudra Buildwell Homes (P.) Ltd. | [Loan Assignment ≠ Remission] Assigning a loan to an Asset Reconstruction Company (ARC) at a discount does not mean the borrower’s liability has ceased. Unless there is an OTS/waiver, the borrower remains liable for the full amount; hence, no tax u/s 41(1). | Click Here |
| Income-tax Act, 1961 | Section 56(2)(x) | VS Trust v. Income-tax Officer | [Relative Exception for Trusts] A private trust established solely for the benefit of relatives of the settlor is exempt from tax on gifts/shares received from the settlor under the “Relative” exception of Section 56. | Click Here |
| Income-tax Act, 1961 | Section 127 | Kunshan Q Tech Microelectronics v. DCIT | [Jurisdiction Void] A transfer of case u/s 127 by a Principal Commissioner who did not hold charge over corporate assessees is void ab initio. All subsequent assessments and DRP directions based on this transfer are a nullity. | Click Here |
| Income-tax Act, 1961 | Section 149 | CCIT v. Sheetal International (P.) Ltd. | [Reassessment Time-Bar] The SC dismissed the Revenue’s SLP, confirming that a Section 148 notice for AY 2017-18 issued on 1-5-2024 is barred by the limitation prescribed in the first proviso to Section 149(1). | Click Here |
| Income-tax Act, 1961 | Section 164 | Deloitte Employees Welfare Trust v. ITO | [Trust Tax Rate] A trust created for the welfare of a company’s employees falls under the specific exception u/s 164. Its income should be taxed at AOP rates, not the Maximum Marginal Rate (MMR). | Click Here |
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