INCOME TAX CASE LAWS 17.06.2026
INCOME TAX CASE LAWS 17.06.2026
Here is the compiled data from your legal updates structured into a scannable, professional reference table.
Case Law Summary Table
| Relevant Act | Section | Case Law Title | Citation | Brief Summary |
| Income-tax Act, 2025 | Section 536(2)(c) | Guidelines for Compulsory Scrutiny Selection (Notification F.No.225/56/2026/ITA-II) | Click Here | CBDT issued mandatory parameters and procedures covering six categories of cases for complete scrutiny during FY 2026-27 (for returns filed in FY 2025-26). |
| Income-tax Act, 1961 | Section 4 | Graphite India Ltd. v. Commissioner of Income-tax |
2026
|
Sales-tax remission under a state incentive scheme linked directly to fixed capital investment for expansion/modernization is a capital receipt to induce investment, not trading profits (revenue). |
| Income-tax Act, 1961 | Section 36(1)(iii) | Alice Arun Thomas v. Income-tax Officer |
2026
|
Where a partner borrows funds to invest as capital in a firm, interest paid on such borrowings cannot be claimed under section 36(1)(iii) by the partner individually, as she herself was not carrying on the business. |
| Income-tax Act, 1961 | Section 37(1) | Chander Veer Singh Bhullar v. Income-tax Officer |
2026
|
An ad hoc disallowance of 20% of expenditure was reduced to 10% because the AO erroneously recorded a financial loss instead of the reported profit, indicating improper examination of facts. |
| Income-tax Act, 1961 | Section 48 | Sarjit Ghanshyam Desai v. Income-tax Officer |
2026
|
When a property received as alternate accommodation in exchange for surrendering tenancy rights is sold, the fair market value (FMV) of the tenancy rights on the date of surrender forms the cost of acquisition. |
| Income-tax Act, 1961 | Section 68 | Dhruv Vijaykumar Trivedi v. Deputy Commissioner of Income-tax |
2026
|
Reassessment cannot be sustained based on uncorroborated third-party information (like a draft complaint or loose note from an unrelated survey) without a direct nexus to the petitioner. |
| Income-tax Act, 1961 | Section 68 | Chander Veer Singh Bhullar v. Income-tax Officer |
2026
|
The CIT(A) cannot re-characterize an addition originally made under section 69C into an addition under section 68 without giving a specific show-cause notice regarding the change. |
| Income-tax Act, 1961 | Section 68 | ACIT v. Diligent Media Corporation Ltd. |
2026
|
Share premium received from a holding company based on DCF valuation cannot be added under section 68 if identity, genuineness, and creditworthiness are proven; the AO cannot make additions simply due to a disagreement over valuation. |
| Income-tax Act, 1961 | Section 69A | Trupti Aakash Desai v. Income-tax Officer |
2026
|
Reopening an assessment based on a loose paper entry and uncorroborated rates from a third party, without any evidence linking the salaried petitioner to the seized material, is invalid. |
| Income-tax Act, 1961 | Section 69A | Trupti Vijay Trivedi v. Income-tax Officer |
2026
|
Reopening an assessment based entirely on a draft complaint and a handwritten paper image retrieved from a third party’s mobile, without direct linkage to undisclosed cash receipts, is invalid. |
| Income-tax Act, 1961 | Section 80HHC | Graphite India Ltd. v. Commissioner of Income-tax |
2026
|
While computing the export deduction under section 80HHC, business profits are not required to be reduced by the deductions allowed under section 80IA. |
| Direct Tax Vivad Se Vishwas Scheme, 2024 | Section 91 | Tarik Handa v. ITO |
2026
|
Even if an assessment order’s operation is stayed by a High Court interim order, it still “exists” for the purpose of applying under the Vivad Se Vishwas Scheme. |
| Income-tax Act, 1961 | Section 115JB | Commissioner of Income-tax (IT and TP) v. Royal Bank of Scotland N.V. |
2026
|
Provisions of MAT under section 115JB were inapplicable to foreign banking companies for AY 2011-12, as the amendment making them applicable only took effect from AY 2013-14. |
| Income-tax Act, 1961 | Section 147 | Vodafone Idea Ltd. v. Deputy Commissioner of Income-tax |
2026
|
A reassessment order is invalid if the Assessing Officer completes the assessment without disposing of the assessee’s objections via a separate, speaking order. |
| Income-tax Act, 1961 | Section 148 | Sunil Kumar Sahoo v. Deputy Commissioner of Income-tax |
2026
|
If the department fails to prove actual service of the section 148 notice (even if issued within limitation), the resultant reassessment order violates principles of natural justice and must be set aside. |
| Income-tax Act, 1961 | Section 148 | DCIT v. Alaka Mars (P.) Ltd. |
2026
|
Reassessment proceedings initiated by an ACIT instead of an ITO for an assessee with declared income of Rs. 4.75 lakhs are invalid due to a lack of proper pecuniary jurisdiction under CBDT Instruction No. 1/2011. |
| Income-tax Act, 1961 | Section 149 | Aarti Highrise (P.) Ltd. v. Joint Commissioner of Income-tax |
2026
|
Reassessment notices for A.Y. 2015-16 issued beyond 3 years without material proving that the escaped income met the revised threshold of Rs. 50,00,000 under Section 149(1)(b) lack jurisdiction. |
| Income-tax Act, 1961 | Section 149 | Shivam Dealcom (P.) Ltd. v. Joint Commissioner of Income-tax |
2026
|
Post-amendment (effective 01-09-2024), a notice under section 148 issued beyond 3 years for A.Y. 2015-16 without meeting the mandatory Rs. 50 lakh threshold criteria is void of jurisdiction. |
| Income-tax Act, 1961 | Section 153C | Antal Expo Fab (P.) Ltd. v. Dy. CIT |
2026
|
Search assessments invoked under section 153C will be annulled if the satisfaction note fails to establish a clear nexus between the seized material (from a third party) and the assessee’s income. |
| Income-tax Act, 1961 | Section 194C | Deputy Commissioner of Income-tax v. Air France |
2026
|
Common Area Maintenance (CAM) charges paid for services in a commercial complex are payments for “work” under section 194C (2% TDS) and cannot be treated as “rent” under section 194I. |

