IMPORTANT INCOME TAX CASE LAWS 28.05.2025
Here’s the requested case law analysis in a table format:
Section | Case Law Title | Brief Summary | Citation | Relevant Act |
PRESS RELEASE, DATED 27-05-2025 | N/A | CBDT extended the due date for filing Income Tax Returns for Assessment Year 2025-26 from July 31, 2025, to September 15, 2025. | Click Here | Income-tax Act, 1961 |
2(15), 80G(5) | Matha Medical Centre Trust v. Commissioner of Income-tax (Exemption) | Trust providing medical and lab testing facilities at minimal charges to rural areas eligible for charitable activity status under section 2(15) and 80G(5) approval. | Income-tax Act, 1961 | |
2(24) | Krishnakan Sharma v. Income -tax Officer | “Hardship compensation” received by a housing society member for displacement during redevelopment is a capital receipt, not revenue. | Income-tax Act, 1961 | |
4 | Essel Mining & Industries Ltd. v. Addl. CIT, Range-5, Kolkata | Compensation received from a supplier for non-performance of Wind Turbine Generators is a capital receipt, outside the purview of taxation. | Income-tax Act, 1961 | |
36(1)(iii) | Shyam Realities v. Dy.CIT, Circle-2(2)(1) Ahmedabad | Interest on unproven loan genuineness is disallowed, even for opening balances. | Income-tax Act, 1961 | |
36(1)(iii) | Rajmal Lakhichand v. DCIT, Jalgaon | Loans/advances given interest-free to associate concerns were commercial transactions, and discontinuing interest due to non-payment does not attract Section 36(1)(iii). | Income-tax Act, 1961 | |
37(1) | Income Tax Officer v. Welsh and Breton Blenders (P.) Ltd. | Sales incentive and sales promotion commission paid by assessee (agent) to retailers on behalf of principals allowed as business expenditure. | Income-tax Act, 1961 | |
40(ba), 161 | Mehta Jaising Combine v. Income-tax Officer Ward-27(8) Mumbai | Interest claim to beneficiaries by a private specific trust, which had described itself as an AOP, was disallowed. AO’s order upheld. | Income-tax Act, 1961 | |
68 | Pushpa Saluja v. ITO, Ward 45(4), New Delhi | Matter remanded to Tribunal to examine if additions were made under section 68 for bogus sundry creditors and if any allowance was required for purchases. | Income-tax Act, 1961 | |
68 | Rani Sati Surajgarhia Infrastructure Ltd. v. DCIT | Addition under section 68 for unsecured loans deleted as identity, creditworthiness, and genuineness of transactions were established with supporting documents. | Income-tax Act, 1961 | |
80P, 263 | Principal Commissioner of Income Tax-1 v. Kutch District Co. Op. Milk Producers Union Ltd. | PCIT could not invoke Section 263 to revise AO’s order allowing 80P deduction on interest income from cooperative banks, as AO’s view was legally possible. | Income-tax Act, 1961 | |
127, 132 | M and C Property Development (P.) Ltd. v. Principal Commissioner of Income-tax | Transfer of cases from Coimbatore to Kolkata under section 127 justified following search and seizure of interconnected incriminating documents. | Income-tax Act, 1961 | |
142(1) | Sohanlal Jain Ramesh v. Assessment Unit, Income-tax Department | Assessment order passed without providing sufficient time for reply or personal hearing due to authorized representative’s medical condition is a violation of natural justice. | Income-tax Act, 1961 | |
145 | Rajmal Lakhichand v. DCIT, Jalgaon | Addition made by estimating melting gain deleted as assessee maintained proper books of account which were not rejected. | Click Here | Income-tax Act, 1961 |
148 | Domino Printing Sciences PLC v. Commissioner of Income Tax | Rejection of DTVSV declaration unsustainable; writ petition not material and disputed tax already determined. | Income-tax Act, 1961 | |
194H | Income Tax Officer v. Welsh and Breton Blenders (P.) Ltd. | Sales incentive and sales promotion commission paid by assessee on behalf of principals to retailers not “commission” under section 194H, so no TDS required. | Income-tax Act, 1961 | |
194H | Income Tax Officer v. Welsh and Breton Blenders (P.) Ltd. | Section 194H not applicable as no principal-agent relationship between assessee and retailer traders. | Income-tax Act, 1961 | |
195, 201(1A) | Cognizant Technology Solutions India (P.) Ltd. v. Deputy Commissioner of Income Tax | TDS under section 195 not deductible on unpaid provision for expenses to non-resident vendors; interest under section 201(1A) rightly levied on actual payments. | Income-tax Act, 1961 | |
201 | Cognizant Technology Solutions India (P.) Ltd. v. Deputy Commissioner of Income Tax | Assessee not deemed in default under section 201 for unpaid portion of provision for resident vendor expenses if no accrual or payment as on March 31. | Income-tax Act, 1961 | |
201(1A) | Cognizant Technology Solutions India (P.) Ltd. v. Deputy Commissioner of Income Tax | Interest under section 201(1A) rightly levied from March 31 till date of deduction on actual paid amount when TDS deducted in subsequent year on provision. | Income-tax Act, 1961 | |
263 | Anushree Maheshwari v. Principal Commissioner of Income-tax-1 | PCIT could not invoke section 263 to revise AO’s order accepting gifts and cash deposits when AO had duly examined facts. | Income-tax Act, 1961 | |
263 | Anushree Maheshwari v. Principal Commissioner of Income-tax-1 | Period of limitation for revision (section 263) starts from original assessment, not reassessment, if revised issues were not subject to reassessment. | Income-tax Act, 1961 | |
263 | Smt. Teena Garg v. PCIT Panchkula | Invocation of revisionary jurisdiction under section 263 unjustified when AO conducted inquiry and accepted assessee’s claims. | Income-tax Act, 1961 | |
268A | Commissioner of Income-tax, International Taxation v. SIS Live | Tax effect for revenue appeal determined on returned loss plus assessed income; losses of earlier years not carried forward not included. | Income-tax Act, 1961 |
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