Author: ksalegal

Author Archive


CIT v. Mumukshu Mandal (2026) 308 Taxman 497 (SC) Editorial : Mumukshu Mandal(Regd), Shri Geeta Mandir v. CIT(2024) 300 Taxman 373/ (2025) 473 ITR 452 (P& H)(HC)

S. 80G: Donation-Charitable activities, especially for the welfare of downtrodden, poor and destitute sections of society-Rejection order of CIT(E) was set aside by the High Court-SLP of the revenue was dismissed due to delay of 383 days and also on merits.[S. 12AAA, 80G(5), Art. 136]

PCIT v. Jealous Commercial (P.) Ltd. (2026) 308 Taxman 80 (Cal)(HC)

S. 68 : Cash credits-Share application money-Summons-Non-appearance of directors of assessee before Assessing Officer-Addition is not justified. [S. 131, 260A]

Pr. CIT, Central v. Lalitha Jewellery Mart (P) Ltd. (2026) 308 Taxman 462 (Mad)(HC)

S. 68 : Cash credits-Search-Statement on oath-Share application money-Order of Tribunal deleting the addition was affirmed.[S. 131, 132, 260A]

Harsha Associates (P.) Ltd. v. Dy. CIT (2026) 308 Taxman 165 (SC) Editorial : Harsha Associates (P.) Ltd. v. Dy. CIT [2025] 174 taxmann.com 727 (Delhi)(HC)

S. 68 : Cash credits-Failure to produce documentary evidence-Order of High Court affirmed-SLP of assessee dismissed.[Art. 136]

Pr. CIT, Central v. Lalitha Jewellery Mart (P) Ltd. (2026) 308 Taxman 462 (Mad)(HC)

S. 56: Income from other sources-Search-Share premium-Since the Assessing Officer had not found any specific fault in rejecting or not being satisfied with the valuation made by the assessee, addition under section 56(2)(viib) was not justified. [S. 56(2)(viib), R.11UA]

CIT v. Spectra Shares and Scrips Ltd. (2026) 308 Taxman 141 (Telangana)(HC)

S. 50B: Capital gains-Slump sale-Coca-Cola brand-Transfer of its entire bottling and marketing business as a going concern-Lump-sum basis-Revenue could not artificially fragment the transaction to tax portions thereof under different heads-Order of the Tribunal affirmed.[S.2(42C, 41(2), 260A]

Gulf Oil Corporation Ltd. v. Asst. CIT (2026) 308 Taxman 1 (Telangana)(HC)

S. 48: Capital gains-Mode of Computation-Amount paid for termination of agreement-No legal obligation to pay the amount-Disallowance was affirmed-Commission paid-No evidence was produced-Disallowance was affirmed.[S. 260A]

CIT v. Spectra Shares and Scrips Ltd. (2026) 308 Taxman 141 (Telangana)(HC)

S. 45: Capital gains-Sale of undertaking as a going concern-capital receipt-If the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. [S.4, 28(ii), 260A]

Aspinwall and Company Ltd. v. CIT (2026) 308 Taxman 321 (Ker.)(HC)

S. 37(1): Business expenditure-Interest on agricultural income tax (AIT)-Not allowable as business expenditure.[S 10(1),40(a)(ii)]

CIT (E) v. Hyderabad Cricket Association (2026) 308 Taxman 238 (SC) Editorial: CIT (E) v. Hyderabad Cricket Association (2025) 180 taxmann.com 322 (Telangana) (HC)

S. 37(1): Business expenditure-Expenses towards charitable purposes-Order of High Court affirmed-SLP delay of 621 days-SLP of revenue was dismissed on account of delay as well as on merits. [Art. 136]