| Section 2(47) |
Dr. Arvind Kumar R Shaw v. Union of India |
Handing over possession, registration, and insurance of a car to a broker for sale constitutes a complete sale, making it a short-term capital asset taxable for capital gains, despite retaining duplicate keys and no RTO transfer endorsement. |
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Income-tax Act, 1961 |
| Section 12AB |
Advaya Educational and Charitable Trust v. Commissioner of Income-tax (Exemption) |
Rejection of Section 12AB registration without examining submitted documentary evidence of charitable activities or granting a proper hearing is unjustified and requires fresh inquiry. |
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Income-tax Act, 1961 |
| Section 12AB / Section 80G |
Advaya Educational and Charitable Trust v. Commissioner of Income-tax (Exemption) |
Rejecting fresh Section 12AB and 80G applications merely due to non-appeal of an earlier rejection is incorrect when the trust has spent reasonable amounts on its objects with proper documentation. |
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Income-tax Act, 1961 |
| Section 32 |
Jade Constructions (P.) Ltd. v. Principal Commissioner of Income-tax |
Revision under Section 263 setting aside assessment regarding fixed assets is unsustainable when the show-cause notice did not mention the issue and no error/prejudice to revenue was established. |
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Income-tax Act, 1961 |
| Section 37(1) |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
Disallowance of Employee Stock Option Plan (ESOP) expenditure was rightly deleted following consistent views adopted in prior assessment years in the assessee’s own case. |
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Income-tax Act, 1961 |
| Section 40(a)(ia) |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
Disallowance under Section 40(a)(ia) for non-deduction of tax under Section 194B is unsustainable if payout amounts were not claimed as expenditures in the Profit & Loss Account. |
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Income-tax Act, 1961 |
| Section 40(a)(ia) |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
Estimated disallowance for failure to deduct TDS under Section 194B without evidence of individual sponsored-prize payments exceeding Rs. 10,000 cannot be sustained. |
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Income-tax Act, 1961 |
| Section 40(a)(ia) |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
Promotional deposit-linked and referral bonuses granted by online gaming platforms independent of game outcomes do not constitute “winnings” under Section 194B, requiring no TDS. |
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Income-tax Act, 1961 |
| Section 43AA |
Umicore Autocat India (P.) Ltd. v. Deputy Commissioner of Income-tax |
Unrealized forex gains on year-end reinstatement of foreign currency ECBs for acquiring domestic capital assets are governed by Section 43AA (not Section 43A) and must be recognized in taxable income. |
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Income-tax Act, 1961 |
| Section 45 |
Inderpreet Singh v. Income-tax Officer |
Compensation received for compulsory land acquisition for National Highway widening is exempt under Section 96 of the RFCTLARR Act and cannot be taxed as LTCG under Section 45. |
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Income-tax Act, 1961 |
| Section 56 |
Inderpreet Singh v. Income-tax Officer |
Interest on delayed land acquisition compensation allows a 50% deduction under Section 57(iv), while the remaining 50% is taxable under Section 56(2)(viii) as “Income from Other Sources”. |
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Income-tax Act, 1961 |
| Section 68 |
Jade Constructions (P.) Ltd. v. Principal Commissioner of Income-tax |
Mere premise that further verification could have been done does not justify revision under Section 263 when primary details and confirmations for borrowings/payables were fully provided during scrutiny. |
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Income-tax Act, 1961 |
| Section 68 |
Ms. Sangeeta Sharma v. Assistant Commissioner of Income-tax |
Reopening assessment after four years without alleging failure to disclose fully and truly all material facts during original Section 143(3) proceedings is invalid. |
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Income-tax Act, 1961 |
| Section 80G |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
CSR expenditure donations made to eligible Section 80G institutions qualify for Section 80G deduction, as Section 37(1) restrictions and Section 80G operate in distinct fields. |
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Income-tax Act, 1961 |
| Section 142 |
H. P. Diamonds India (P.) Ltd. v. Deputy Commissioner of Income-tax |
An Assessing Officer must wait 4 weeks after rejecting reopening objections before proceeding; issuing a notice under Section 142(1) within that 4-week window renders it invalid. |
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Income-tax Act, 1961 |
| Section 143 |
H. P. Diamonds India (P.) Ltd. v. Deputy Commissioner of Income-tax |
Issuing a Section 143(2) notice prior to disposing of reassessment objections through a speaking order is premature and invalid. |
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Income-tax Act, 1961 |
| Section 143 |
Deputy Commissioner of Income-tax v. Play Games 24X7 (P.) Ltd. |
Reconsideration of all subsisting assessment/appellate orders is necessary when giving effect to appellate directions to accurately compute total income. |
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Income-tax Act, 1961 |
| Section 145 |
Jade Constructions (P.) Ltd. v. Principal Commissioner of Income-tax |
Revisionary order challenging a recognized project-completion accounting method on grounds outside the show-cause notice is unsustainable in law. |
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Income-tax Act, 1961 |
| Section 147 |
Naandi Foundation v. Assistant Commissioner of Income-tax |
Reopening under Section 148A(3) based solely on voluminous transactions needing verification, while ignoring submitted financial details without finding false explanations, is invalid. |
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Income-tax Act, 1961 |
| Section 244A |
Vodafone Idea Ltd. v. Assistant Commissioner of Income-tax |
Assessee is entitled to refund with statutory interest under Section 244A arising from appellate effect orders; withholding refund without a valid Section 245 order is illegal. |
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Income-tax Act, 1961 |
