| Income-tax Act, 1961 |
Section 12AB |
ST. Ignatius Church v. CIT (Exemptions) |
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Denial of renewal of registration to a long-established trust solely due to lack of a formal trust deed was unsustainable since Rule 17A(2)(b) permits alternative documentary evidence. |
| Income-tax Act, 1961 |
Section 36(1)(iii) |
Arun Udyoga Mansarover Rameshwarm Parisar v. ACIT |
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Where an assessee advanced interest-free funds while possessing interest-free funds far exceeding those advances, disallowance of interest expenditure was unsustainable in the absence of a proved nexus by the AO. |
| Income-tax Act, 1961 |
Section 68 |
Arun Udyoga Mansarover Rameshwarm Parisar v. ACIT |
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Crediting net profits from an audited P&L account to partners’ capital accounts represents business profits, not separate unexplained cash credits under section 68. |
| Income-tax Act, 1961 |
Section 68 |
Joint Commissioner of Income-tax (OSD) v. Starcity Real Estates (P.) Ltd. |
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Unsecured loans received from registered entities/NBFCs with established identities, financials, and proper banking channels cannot be added under section 68 merely due to the absence of formal agreements, collateral, or low reported lender income. |
| Finance (No. 2) Act, 1998 |
Section 91 (KVSS) |
Commissioner of Income-tax v. Hindustan Zinc Ltd. |
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Filing a KVSS declaration covering only interest demand does not bar the assessee from claiming a regular set-off of brought forward losses under the Income-tax Act. (Note: A conflicting view held that refund reducing settled tax demand reopens a concluded settlement and is impermissible). |
| Income-tax Act, 1961 |
Section 143 |
Joint Commissioner of Income-tax (OSD) v. Bharat Construction |
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An assessment completed in the name of an erstwhile partnership firm after its conversion into a company—duly notified to authorities—is invalid as assessments against non-existent entities are prohibited. |
| Income-tax Act, 1961 |
Section 148 |
Mrs. Neeru Sehgal v. Principal Commissioner of Income-tax |
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Issuing a fresh notice under Section 148 for a transaction already taxed pursuant to earlier Section 148 proceedings is illegal as no income has escaped assessment. |
| Income-tax Act, 1961 |
Section 151 |
Dharminder Sethi v. Income-tax Officer |
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Where the three-year statutory period has expired, approval for issuing a section 148 notice must come from the specific higher authority under section 151(ii); approval from PCIT is invalid. |
| Income-tax Act, 1961 |
Section 179 |
Ajay Surendra Patel v. Deputy Commissioner of Income-tax |
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Invoking section 179 against a former director of a public limited company by lifting the corporate veil or alleging gross neglect was unsustainable where the company was officially public and no revenue fraud, siphoning, or active management by the director was established. |
| Income-tax Act, 1961 |
Section 201 |
DLF Homes Panchkula (P.) Ltd. v. DCIT, TDS |
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Matter remanded to AO to verify fulfillment of the first proviso to section 201(1) regarding External Development Charges paid to HUDA/HSVP without TDS to determine if the assessee escapes liability. |
| Income-tax Act, 1961 |
Section 270AA |
Spunwell Syntex (P.) Ltd. v. Income-tax Officer |
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Where penalties are imposed for under-reporting due to misreporting under section 270A(9), assessees are ineligible for immunity under section 270AA; omission of the exact sub-clause in show-cause notices does not invalidate proceedings. |
| Income-tax Act, 1961 |
Section 271D |
Assistant Commissioner of Income-tax v. AL Global Beverages (P.) Ltd. |
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Penalties under section 271D for alleged contravention of section 269SS during demonetization cash deposits are unsustainable if authorities fail to evidence that loans, deposits, or specified sums were accepted in cash of Rs. 20,000 or more from another person. |
