Motor vehicle dealer liable for differential Compensation Cess and penalties on SUV supplies under Section 74 Issue Whether Hyundai Creta 1.6, Alcazar 2.0, and Tucson 2.0 qualify as SUVs attracting 22% Compensation Cess under Entry 52B based on unladen ground clearance, and whether the invocation of extended period and penalties under Section 74 and Section… Read More »
INCOME TAX CASE LAWS 02.11.2026 Income-Tax Case Law Summary Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 14A DCIT Circle 3(4) v. Asian Paints Ltd. Click Here Additional disallowance made by the AO under Rule 8D over and above the assessee’s suo motu disallowance without recording proper satisfaction was held… Read More »
Penalty Imposed Under Section 270A While Quantum Appeal Remained Pending Before Tribunal Quashed As Contrary To Section 275(1)(a) Issue Whether a penalty order passed under Section 270A for under-reporting or misreporting of income is legally sustainable when the quantum appeal filed by the assessee against the assessment order is pending before the Tribunal, in violation… Read More »
No Tax Demand Can Be Raised Against Employee When Employer Deducts TDS But Fails To Deposit It Issue Whether the Income Tax Department can raise tax demands against an employee-assessee or deny Tax Deducted at Source (TDS) credit when the employer has deducted TDS from the employee’s salary but failed to deposit it with the… Read More »
Full TDS Credit Is Allowable Even If Form 26AS Includes Receipts From Non-Taxable Agricultural Land Sales Issue Whether credit for Tax Deducted at Source (TDS) can be proportionately restricted under Rule 37BA when the higher turnover in Form 26AS includes receipts from the sale of agricultural land that do not constitute taxable income. Whether the… Read More »
Reassessment Notices Issued Under Section 148 Post Pre-April 2021 Search Are Void Without Jurisdiction Issue Whether the Assessing Officer had valid jurisdiction to issue reassessment notices under Sections 148A and 148 for Assessment Year 2018-19 when the underlying search was initiated prior to April 1, 2021, or whether the Revenue was mandatorily required to proceed… Read More »
Reassessment order quashed and matter remanded for non-compliance with statutory seven-day response notice. Issue Whether an order passed under Section 148A(d) and the consequential reassessment notice issued under Section 148 are legally sustainable when the Assessing Officer fails to provide the mandatory minimum seven-day response period under Section 148A(b). Facts Return of Income: For Assessment… Read More »
Section 80P Deduction Cannot Be Denied Via Section 143(1) Adjustment For Belated Returns Prior To AY 2021-22 Issues Section 80P / Section 143(1)(a)(v) Adjustment (AY 2019-20): Whether a Section 80P deduction claimed in a belated return filed after the Section 139(1) due date could be disallowed by way of summary adjustment under Section 143(1)(a)(v) for… Read More »
Deduction under Section 80G cannot be denied on CSR expenditure merely due to disallowance under Section 37(1). Issue Whether the Principal Commissioner of Income Tax (PCIT) can invoke revisionary jurisdiction under Section 263 to disallow a Section 80G deduction on CSR expenditure solely because the amount was disallowed as a business expense under Section 37(1),… Read More »
Section 80G deduction on Corporate Social Responsibility donations is legally allowable and section 263 revision is invalid. Issue Whether the Principal Commissioner of Income Tax (PCIT) was justified in invoking revisionary jurisdiction under Section 263 to set aside an assessment order on the ground that donations forming part of Corporate Social Responsibility (CSR) expenditure under… Read More »