Improtant Income Tax Case Law 20.05.2025

By | May 20, 2025

Improtant Income Tax Case Law 20.05.2025

SectionCase Law TitleBrief SummaryCitationRelevant Act
2(11) (Black Money Act)Additional Commissioner of Income-tax v. Himanshu GuptaAddition deleted; assessee had already disclosed foreign shareholding in return.Click HereBlack Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
3 (Black Money Act)Additional Commissioner of Income-tax v. Himanshu GuptaValue of debit note between two corporate entities not taxable under Black Money Act as undisclosed foreign asset/income of assessee.Click HereBlack Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
28(i)Rajesh Kumar Jaiswal v. DC/ACIT(CENTRAL) Income-tax DepartmentIncome from renting out property on a day-to-day basis with facilities is business income, not income from house property. 

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Income-tax Act, 1961
37(1)Nijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-taxLoss on closure of stores to be verified; if revenue in nature, allowed as business expenditure.Click HereIncome-tax Act, 1961
37(1)Nijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-taxClub expenditure allowed as business expenditure; AO failed to demonstrate it as non-business. 

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Income-tax Act, 1961
40A(2)Deputy Commissioner of Income-tax v. Sri Chaitanya Educational CommitteeDisallowance under section 40A(2)(a) deleted; AO failed to provide comparable cases for excessive payments.Click HereIncome-tax Act, 1961
43ANijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-taxForeign exchange loss on licence fee allowed as business expenditure. 

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Income-tax Act, 1961
50CMohammedaarif Yunusbhai Patel v. Income-tax OfficerMatter set aside to AO to refer to DVO for fair market value determination of property.Click HereIncome-tax Act, 1961
56(2)(x), 175Ms. Rana Ayyub Shaikh v. Deputy Commissioner of Income-taxDonations collected for Covid relief taxable under section 56(2)(x) and 175; funds transferred to personal accounts and used for personal purposes.Click HereIncome-tax Act, 1961
69, 115BBERajesh Kumar Jaiswal v. DC/ACIT(CENTRAL) Income-tax DepartmentUnexplained investment in property taxed under section 69 and liable to tax under section 115BBE.Click HereIncome-tax Act, 1961
69, 148A(b), 148A(d)Primit Shambhuprasad Purani v. Income-tax OfficerReassessment notices quashed; order passed without application of mind, ignoring disclosed facts.

Reassessment Proceedings Quashed for Unexplained Cryptocurrency Investment Due to Contradictory Order and Undisputed Source.

Click HereIncome-tax Act, 1961
69AMohammedaarif Yunusbhai Patel v. Income-tax OfficerIncome estimated at 3% of cash deposits as reasonable, based on assessee’s admitted commission earnings.Click HereIncome-tax Act, 1961
69A, 250(4), 250(6)Adim Jati Seva Sahkari Samiti Maryadit Korba Korba P.O. v. Income-tax Officer-2Commissioner (Appeals) Must Conduct Inquiry and Formulate Points for Determination Even if Assessee Fails to Appear

Matter restored to Commissioner (Appeals) for fresh adjudication; no inquiry conducted regarding source of credit in bank account.

Click HereIncome-tax Act, 1961
70Eastspring Investments India Equity Open Ltd. v. Deputy Commissioner of Income-tax (IT)Short-term capital loss on which STT was paid can be set off against short-term capital gain on which STT was not paid.Click HereIncome-tax Act, 1961
132A(1)(c)Deputy Director of Income-tax v. State of Gujarat 

Requisition of Seized Cash Under Section 132A Allowed from Police Authorities

Department allowed to deposit unexplained cash in PD Account.

Click HereIncome-tax Act, 1961
199K.Venkatesan (HUF) v. ACITAssessee entitled to full credit for TDS on agricultural land sale even if not required.Click HereIncome-tax Act, 1961
199Jagannath Transport Corporation v. Deputy Commissioner of Income-taxTDS Credit can not be disallowed due to Mismatch of income in ITR and 26AS

Matter remanded to Commissioner (Appeals) to verify facts regarding TDS credit and gross receipts mismatch.

Click HereIncome-tax Act, 1961
271E, 269T, 273BSandeep Kaur Gill v. Union of IndiaNo penalty under section 271E for cash repayment of loan due to reasonable cause.Click HereIncome-tax Act, 1961

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