Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Jigishaben Minesh Patel v. Asst. CIT (2026) 308 Taxman 609 (Guj.)(HC)

S. 132B: Application of seized or requisitioned assets-Search and seizure-Seizure of jewellery-Liability was settled under Vivad Se Vishwas Scheme-Continued detention of jewellery on tax demand of joint locker holder was held to be illegal-Directed to release the jewellery. [S. 132, 153A, Art. 226]

H. K. Jewels (P) Ltd v. ADIT(Inv)(2026) 308 Taxman 61 (Bom.)(HC)

S. 132: Search and seizure-Panchanama-Stock in trade-Gold jewellery was in custody of IT Department long before Panchanama was prepared and it was shown that said jewellery was stock-in-trade of assessee-Action taken by IT Department was contrary to law-Panchanama and consequential order dated 14-3-2025 were quashed and said seized gold jewellery was to be released to the assessee. [S. 131(IA), Art. 226]

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

S. 131 : Power regarding discovery, production of evidence, etc.-Authorities mentioned in section 131 are vested with the same powers as are vested in a court under the Code of Civil Procedure, 1908, which includes enforcing attendance of any person and examining him on oath-Tribunal was not justified in holding that statements recorded under section 131 had no evidentiary value merely on that ground. [S. 68, 254(1), Code of Civil Procedure, 1908]

Mahernagar Co-Op. Housing Service Society Ltd. v. CCIT (2026) 308 Taxman 56 (Guj.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Co-operative housing Society-Delay in filing of return-Order of CIT rejecting application of assessee-society seeking condonation of delay was to be set aside-Assessee was allowed to file a fresh return within a period of one month-[S.80P, 119(2)(b), 139, Art. 226]

Shamal Mohan Patil Education Society v. CIT (E) (2026) 308 Taxman 381 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Property held for charitable purposes-Delay of 1128 days-Form No 10B-Change of Chartered Accountant-Delay was condoned-Directed to grant exemption in accordance with law. [S.11, 119(2)(b), 139(4), 143(1), Art. 226]

Dakuben Saremalji Sancheti (Nadol Charitable Trust) v. CIT, Exemption (2026) 308 Taxman 506 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Affidavit-Old age-Undertook to pay an amount of Rs. 10,000 as costs-Delay of 38 days and 69 days in filing for 10B and Form No. 10-Delay was condoned-Respondent was directed to grant exemption as per law. [S.11,139(4), 143(1), Form No 10, Form No 10B, Art. 226]

St. Anne’s School v. CIT (E) (2026) 308 Taxman 90 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Delay of 523 days in filing Form No.10-Mistake of Chartered Accountant-Delay was condoned-Court directed the CIT(E) to grant relief as per the law. [S.11(2), 119(2)(b), 143(1), Art. 226, Form No.10]

Swasth Foundation v. CIT (E) (2026) 308 Taxman 221 (Bom.)(HC)

S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Received a grant eight days before year-end-Form No 9A-There was no requirement to file Form 9A-It could not be said that assessee had delayed filing of Form 9A, and the order was set aside. [S. 11(1), Form 9A, Form 10B, Art. 226]

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]