Improtant Income Tax Case Law 20.05.2025
Section | Case Law Title | Brief Summary | Citation | Relevant Act |
2(11) (Black Money Act) | Additional Commissioner of Income-tax v. Himanshu Gupta | Addition deleted; assessee had already disclosed foreign shareholding in return. | Click Here | Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 |
3 (Black Money Act) | Additional Commissioner of Income-tax v. Himanshu Gupta | Value of debit note between two corporate entities not taxable under Black Money Act as undisclosed foreign asset/income of assessee. | Click Here | Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 |
28(i) | Rajesh Kumar Jaiswal v. DC/ACIT(CENTRAL) Income-tax Department | Income from renting out property on a day-to-day basis with facilities is business income, not income from house property. | Income-tax Act, 1961 | |
37(1) | Nijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-tax | Loss on closure of stores to be verified; if revenue in nature, allowed as business expenditure. | Click Here | Income-tax Act, 1961 |
37(1) | Nijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-tax | Club expenditure allowed as business expenditure; AO failed to demonstrate it as non-business. | Income-tax Act, 1961 | |
40A(2) | Deputy Commissioner of Income-tax v. Sri Chaitanya Educational Committee | Disallowance under section 40A(2)(a) deleted; AO failed to provide comparable cases for excessive payments. | Click Here | Income-tax Act, 1961 |
43A | Nijhawan Travel Services (P.) Ltd. v. Assistant Commissioner of Income-tax | Foreign exchange loss on licence fee allowed as business expenditure. | Income-tax Act, 1961 | |
50C | Mohammedaarif Yunusbhai Patel v. Income-tax Officer | Matter set aside to AO to refer to DVO for fair market value determination of property. | Click Here | Income-tax Act, 1961 |
56(2)(x), 175 | Ms. Rana Ayyub Shaikh v. Deputy Commissioner of Income-tax | Donations collected for Covid relief taxable under section 56(2)(x) and 175; funds transferred to personal accounts and used for personal purposes. | Click Here | Income-tax Act, 1961 |
69, 115BBE | Rajesh Kumar Jaiswal v. DC/ACIT(CENTRAL) Income-tax Department | Unexplained investment in property taxed under section 69 and liable to tax under section 115BBE. | Click Here | Income-tax Act, 1961 |
69, 148A(b), 148A(d) | Primit Shambhuprasad Purani v. Income-tax Officer | Reassessment 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 Here | Income-tax Act, 1961 |
69A | Mohammedaarif Yunusbhai Patel v. Income-tax Officer | Income estimated at 3% of cash deposits as reasonable, based on assessee’s admitted commission earnings. | Click Here | Income-tax Act, 1961 |
69A, 250(4), 250(6) | Adim Jati Seva Sahkari Samiti Maryadit Korba Korba P.O. v. Income-tax Officer-2 | Commissioner (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 Here | Income-tax Act, 1961 |
70 | Eastspring 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 Here | Income-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 Here | Income-tax Act, 1961 |
199 | K.Venkatesan (HUF) v. ACIT | Assessee entitled to full credit for TDS on agricultural land sale even if not required. | Click Here | Income-tax Act, 1961 |
199 | Jagannath Transport Corporation v. Deputy Commissioner of Income-tax | TDS 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 Here | Income-tax Act, 1961 |
271E, 269T, 273B | Sandeep Kaur Gill v. Union of India | No penalty under section 271E for cash repayment of loan due to reasonable cause. | Click Here | Income-tax Act, 1961 |
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