Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shendra Advisory Services Pvt. Ltd. (2025) 306 Taxman 166/481 ITR 457 (SC) Editorial : Shendra Advisory Services Pvt. Ltd v. Dy. CIT(2024) 298 Taxman 261 / (2025) 482 ITR 385 (Bom)(HC)

S. 68 : Cash credits-Shares to promoters at premium-Income from other sources-Share premium cannot be assessed as revenue receipt even if assessee had breached provisions of section 78(2) of Companies Act, 1956, it would be penalised by provisions of Companies Act and breach would never turn share premium amount received into a revenue receipt-Share premium cannot be assessed as income from other sources-SLP of revenue was dismissed on account of delay of 271 days and also on merits. [S. 2(24)(xvi)56(2)(vii)(b), Companies Act, 1956, S 78(2),Art. 136]

Krishnagopal B. Nangpal [2025] 306 Taxman 289 / 484 ITR 272(Bom)(HC)

S. 54 : Capital gains-Profit on sale of property used for residence-Residential house-Prior to amendment in 2014 allowed for exemption for purchase of more than 1 residential properties.[S. 45]

PCIT v. Sharan Svadha LLP (2025) 306 Taxman 92 (SC) Editorial: PCIT v. Sharan Svadha LLP (2025) 176 taxmann.com 88 (Delhi)(HC)

S. 50C : Capital gains-Full value of consideration-Stamp valuation-Deeming fiction has no application to the purchaser-Dealy of 350 days-SLP dismissed on account of delay. [S. 45, Art. 136]

Skyscraper Projects (P.) Ltd. v. ACIT (2025) 306 Taxman 169 (Cal.)(HC)

S.43B: Deductions on actual payment-VAT-Service tax-Estimation of Profits-Rejection of Books of Account-Income estimated at 8% No Further Disallowance Permissible.[S.144, 145]

CIT (IT) v. Samsung Heavy Industries Co. Ltd. (2025) 346 CTR 109 / 176 taxmann.com 482 (Uttarakhand)(HC)

S. 40(a)(ia): Amounts not deductible-Deduction at source-Short deduction of TDS-Fees for professional or technical services- No disallowance under section 40(a)(ia)[S.194C, 194J]

PCIT v. N.K. Industries Ltd. (2025) 306 Taxman 1 (SC) Editorial : PCIT v. N.K. Industries Ltd(2025) 175 taxmann.com 619 (Guj)(HC)

S. 37(1) : Business expenditure-Memorandum of Understanding (MoU) with sister concern-Quality difference-Debit note raised-Amount offered as income by sister concern-Order of Tribunal affirmed by High Court-SLP delayed by 392 days-SLP dismissed on account of delay as well as on merits. [Art. 136]

Yum! Restaurants (India) (P.) Ltd. v. CIT (2025) 306 Taxman 353 (SC) Editorial : Yum! Restaurants (India) (P.) Ltd. v. CIT (2009) 180 taxman 8(Delhi)(HC)

S. 37(1): Business expenditure-Year of deductibility-Settled under Direct Tax Vivad se Vishwas Scheme, 2024-Appeal dismissed as withdrawn. [S. 145 [Art. 136]

Dy.CIT v. Daimler India Commercial Vehicles (P.) Ltd; (2025) 306 Taxman 343 (SC) Editorial: Daimler India Commercial Vehicles (P.) Ltd v.Dy CIT (107 taxmann.com 243/ 416 ITR 343 (Mad)(HC)

S. 37(1) : Business expenditure-Set up-Commencement of business-Operating and financial expenses-Plant construction was incomplete-SLP of revenue dismissed.[Art. 136]

Bharti Bhushan Jindal v. PCIT (2025) 306 Taxman 153 (P & H.)(HC)

S. 36(1)(vii) :Bad debt-Deduction is not allowable where the amount written off was never considered as income earlier and when the Assessee is not in the business of moneylending.[S. 36(2), 56, 57(iii)]

PCIT (Central) v. Affluence Commodities (P.) Ltd. (2025) 306 Taxman 351 (SC) Editorial: PCIT v. Affluence Commodities (P.) Ltd. (2024) 161 taxmann.com 476 (Guj.)(HC)

S. 28(i): Business loss-Penny Stock-Bogus purchses-Genuineness of Transactions-Concurrent findings of fact-Dealy of 325 days-SLP of revenue dismissed on account of delay and merits due to low tax effect-Question of law kept open. [Art. 136]