Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kamal Mookerjee & CO. (Shipping) (P) LTD. v. CIT [2024] 161 taxmann.com 419/ (2025) 342 CTR 441 (Cal)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Payment of wages to dock workers through Labour Board-Not liable to deduct tax at source. [S. 194C, 260A, Dock Workers (Regulation of Employment) Act, 1948]

M.P. Rajya Van Vikas Nigam Ltd. v CIT (2025) 342 CTR 8 / (2024) 244 DTR 513 (SC) Editorial : M.P. Rajya Van Vikas Nigam Ltd. v. CIT (judgment dt. 21st Oct., 2009 of the Madhya Pradesh High Court tin IT Appeal Nos. 90 of 1999 and 3 & 11 of 2001) affirmed

S.37(1): Business expenditure-No supporting material-Oder of High Court is affirmed. [Art. 136]

Oberoi Building & Investment (P) Ltd. v. CIT (2025) 342 CTR 343 / (2024) 244 DTR 198 (Cal)(HC)

S. 28(i) : Business income-Income from house property—Income from sublicensing of property—Assessable as business income.[S. 22]

All India Central Bank Officers Federation. v. UOI (2025) 342 CTR 578 / 246 DTR 33 / 170 taxmann.com 627 (Bom)(HC)

S. 17(2) : Salary-Perquisite-Amendments made to section 17(2)(ii) by Finance Act, 2007, whereby employees allotted bank-owned accommodation were deemed to have received a concession in matter of rent respecting such accommodation, were constitutional and valid-Amendments made to section 17(2)(ii) by Finance Act, 2007 with limited retrospective effect from 1-4-2002, do not violate article 14 of Constitution or other constitutional provisions.[S.17(2)(ii), R. 3(1) Art. 14,226]

CIT (E) v. Unique Educational Society [2024] 168 taxmann.com 448 / (2025) 342 CTR 435 / 245 DTR 211 (P&H)(HC)

S. 12A : Registration-Trust or institution-Education-Providing vocational training-Eligible for registration. [S. 2(15), 12AA]

CIT (E) v. Jaipur Development Authority (2025) 342 CTR 236 / 245 DTR 14 (SC) Editorial : CIT (E) v. Jaipur Development Authority (ITA Nos. 218 of 2017 and 113 of 2016 dt. 6-9-2017 (Raj)(HC)

S. 10(20) : Local authority-Not claimed the benefit-Order of High Court is set a side and the matters are remanded to the High Court for consideration afresh in accordance with law and on their own merits.[S. 11, 12, Art. 136]

CIT v . Sanofi Healthcare India (P) LTD. (2025) 342 CTR 326 / 245 DTR 17 (Telangana)(HC)

S. 4 : Charge of income-tax -Amount received for surrender of right in patent and trademark/negative covenant—Capital receipt. [S. 28(i)]

Ravi Prakash Khetan v. UOI (2025)472 ITR 147 (Pat)(HC)

S. 276CC : Offences and prosecutions- Failure to furnish return of income- Illness of assessee-Prosecution is not valid- Discharge application is allowed. [S. 139(1), Criminal Procedure Code, S. 245]

PCIT v. Amul Gabrani (2025)472 ITR 3/ 169 taxmann.com 503 (Delhi)(HC) Editorial : Amul Gabrani v. PCIT (2025)472 ITR 13/302 Taxman 410 (SC)

S. 271AAA : Penalty- Search initiated on or after 1st June, 2007- No specific query on manner of disclosure- Failure to substantiate the manner of undisclosed income was earned- Order of Tribunal deleting the penalty is set aside. [S. 132(4),260A, 271AA(2)]

Amul Gabrani v. PCIT (2025)472 ITR 13/302 Taxman 410 (SC) Editorial : PCIT v. Amul Gabrani (2024) 169 taxmann.com 503 /472 ITR 3 (Delhi)(HC)

S. 271AAA : Penalty- Search initiated on or after 1st June, 2007- Failure to substantiate the manner of undisclosed income was earned- Order of High Court is affirmed- SLP of assessee is dismissed.[S. 132(4),271AA(2), Art. 136]