23 IMPORTANT INCOME TAX CASE LAW 18.02.2025

By | March 2, 2025

23 IMPORTANT INCOME TAX CASE LAW 18.02.2025

 

Sr NoCase Law TitleBrief SummaryCitationRelevant Section and Act
1Biowin Agro Research v. Income-tax Officer Exemption WardResearch Center for Organic Farming Is Charitable Activities Classified as “Relief of Poor” for Tax ExemptionClick HereSection 2(15)

Income Tax Act, 1961

2Agrasen Engineering Industries (P.) Ltd. v. National E-Assessment CentreDisallowance under Section 14A Not Justified for Dividend Exempt IncomeClick HereSection 14A

Income Tax Act, 1961

3ACIT v. Mukesh ShahDeduction under Section 24(a) allowed for building rent wrongly claimed as plot rent.Click HereSection 24

Income Tax Act, 1961

4ACIT v. Mukesh ShahSale of land treated as capital gain, not business income.Click HereSection 28(i)

Income Tax Act, 1961

5Canara Securities Ltd. v. Deputy Commissioner of Income-taxIncome from long-term investments not exempt under Section 10(38).Click HereSection 28(i)

Income Tax Act, 1961

6Canara Securities Ltd. v. Deputy Commissioner of Income-taxLoss not disallowed due to lack of evidence for specific instructions.Click HereSection 28(i)

Income Tax Act, 1961

7Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxInterest on late payment of TDS not eligible for deduction.Click HereSection 36(1)(iii)

Income Tax Act, 1961

8Deputy Commissioner of Income-tax v. Gulermak TPL Joint VentureFees paid by the assessee to a third party for technical services related to the metro rail project are allowable as businessClick HereSection 37(1)

Income Tax Act, 1961

9Sanjay Bhandari v. Income-tax OfficerProsecution for Wilful Tax Evasion Under Black Money Act Allowed; Assessee Can Raise Defenses in Trial 

Click Here

Section 51

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

10Deputy Commissioner of Income-tax v. Supreme Holdings and Hospitality (India) Ltd.Addition under Section 68 Deleted for Unsecured Loans from Genuine Lenders 

Click Here

Section 68

Income Tax Act, 1961

11ACIT v. Mukesh ShahAddition under Section 68 deleted as cash deposit explained.Click HereSection 68

Income Tax Act, 1961

12Hindusthan Bawa Builders v. ACITMatter remitted for fresh consideration due to lack of evidence.Click HereSection 68

Income Tax Act, 1961

13Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxAddition under Section 69A deleted due to sufficient cash balance.Click HereSection 69A

Income Tax Act

14Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxAddition under Section 69A deleted due to lack of evidence.Click HereSection 69A

Income Tax Act

15Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxAddition under Section 69A deleted due to sufficient cash balance.Click HereSection 69A

Income Tax Act

16Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxAddition under Section 69A partly deleted due to genuine source.Click HereSection 69A

Income Tax Act

17Hindusthan Bawa Builders v. ACITMatter remitted for fresh consideration due to lack of evidence. 

Click Here

Section 69B

Income Tax Act, 1961

18Hindusthan Bawa Builders v. ACITMatter remitted for fresh consideration due to lack of evidence.Click HereSection 69C

Income Tax Act, 1961

19Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxAddition under Section 69C deleted due to sufficient cash balance.Click HereSection 69C

INCOME TAX ACT

20Deputy Commissioner of Income-tax v. Gulermak TPL Joint VentureDeduction under Section 80-IA not allowed to contractor.Click HereSection 80IA

Income Tax Act, 1961

21Upkar Infra Projects (P.) Ltd. v. Assistant Commissioner of Income-taxNo addition in unabated year in absence of incriminating material.Click HereSection 153A

Income Tax Act, 1961

22Income-tax Officer v. TVS Investments I Fund

SLP Disposed of Due to Low Tax Effect; Question of Law on Section 164 Remains Open

Click HereSection 164

Income Tax Act, 1961

23Assistant Commissioner of Income-tax v. TSI Business Parks (Hyderabad) (P.) Ltd.

High Court can not order interest on Refund in excess of  6% p.a. u/s 244A, Excess Interest needs to be Refunded to Revenue

 

Click Here

Section 244A

Income Tax Act, 1961

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