Category Archives: Income Tax

INCOME TAX CASE LAWS 29.08.2026

By | September 1, 2026

INCOME TAX CASE LAWS 29.08.2026 Relevant Act Section Case Law Title Citation Brief Summary Income-tax Act, 1961 Section 2(15) International Society for Krishna Consciousness v. Commissioner of Income-tax (Exemptions) Click Here Examining income application, receipt quantum, and profitability during Section 12AB renewal exceeded CIT(E)’s jurisdiction, rendering rejection unsustainable. Income-tax Act, 1961 Section 2(15) International Society… Read More »

Refunds Arising From Appellate Orders Cannot Be Withheld Without a Section 245 Adjustment Order

By | September 1, 2026

Refunds Arising From Appellate Orders Cannot Be Withheld Without a Section 245 Adjustment Order Issue Whether the Revenue can withhold statutory refunds arising from Tribunal orders by compelling the filing of Form 26B under Rule 31A or by citing outstanding demands against sister TANs/PAN without passing a formal set-off order under Section 245. Facts Assessee… Read More »

Interest Under Section 244A Is Payable on Self-Assessment Tax Refunds From Date of Payment

By | September 1, 2026

Interest Under Section 244A Is Payable on Self-Assessment Tax Refunds From Date of Payment Issue Whether assessees are entitled to interest under Section 244A on refund of self-assessment tax from the date of payment of tax till 01.06.2016, when interest for the subsequent period (01.06.2016 to 30.07.2018) was already paid post the Finance Act, 2016… Read More »

Delay Condone and TDS Demands/Penalties Deleted as Compliance Followed Judicial Restraint Against LFC Tax Deductions

By | September 1, 2026

Delay Condone and TDS Demands/Penalties Deleted as Compliance Followed Judicial Restraint Against LFC Tax Deductions Issue Whether a 131-day delay in filing an appeal can be condoned under Section 253 when caused by e-filing credential issues following centralization, without mala fide intent. Whether an assessee-bank can be treated as an assessee-in-default under Section 201(1)/201(1A) for… Read More »

No TDS under Section 194LA on Land Acquisition Compensation Except Under Section 46

By | September 1, 2026

No TDS under Section 194LA on Land Acquisition Compensation Except Under Section 46 Issue Whether compensation received for the compulsory acquisition of land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, is exempt from income tax and TDS under Section 194LA, and whether executing courts can… Read More »

Reassessment Beyond Three Years Invalid for Escapement Below Fifty Lakhs; Bank Directed to Pay Costs

By | September 1, 2026

Reassessment Beyond Three Years Invalid for Escapement Below Fifty Lakhs; Bank Directed to Pay Costs Reassessment Beyond Three Years Invalid for Escapement Below Fifty Lakhs; Bank Directed to Pay Costs Issue Whether reassessment proceedings initiated beyond three years based on incorrect bank information can be sustained when actual income escaping assessment is below ₹50 lakhs,… Read More »

Trust Granted Registration Under Section 12AB Cannot Be Denied Section 80G Approval On Same Objects

By | September 1, 2026

Trust Granted Registration Under Section 12AB Cannot Be Denied Section 80G Approval On Same Objects Issue Whether approval under Section 80G (Section 133 of the Income-tax Act, 2025) can be denied to a charitable-cum-religious trust that is already registered under Section 12AB (Section 332 of the Income-tax Act, 2025) on the ground of religious objects,… Read More »

Section 115BBE Cannot Be Invoked Without Specific Findings and Addition Under Sections 68 to 69D

By | September 1, 2026

Section 115BBE Cannot Be Invoked Without Specific Findings and Addition Under Sections 68 to 69D Issue Whether Section 115BBE can be invoked to tax surrendered income at higher rates without the Assessing Officer invoking or recording specific findings under any of Sections 68 to 69D, and without making any addition over returned income. Facts The… Read More »

Unexplained capital introduced in kind attracts Section 68, but proves genuine when inherited or gifted.

By | September 1, 2026

Unexplained capital introduced in kind attracts Section 68, but proves genuine when inherited or gifted. Unexplained capital introduced in kind attracts Section 68, but proves genuine when inherited or gifted. Issue Whether Section 68 applies to capital introduced into a business by crediting the value of personal jewellery/precious items, and whether the addition made thereunder… Read More »

Section 69 and Section 115BBE cannot apply without findings of undisclosed assets or investments.

By | September 1, 2026

Section 69 and Section 115BBE cannot apply without findings of undisclosed assets or investments. Issue Whether the higher tax rate under Section 115BBE read with Section 69 can be invoked without establishing the unearthing or existence of any undisclosed or unaccounted investment. Facts Assessment Year: AY 2018-19. Revision Order: The Principal Commissioner of Income Tax… Read More »