This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 68: Cash credits-Share capital-Shell entities-PAN details, income tax return acknowledgements, and audited financial statements of subscriber companies who had confirmed transactions in response to notices issued under section 133(6)-Order of the Tribunal deleting the addition was affirmed.[S.131, 133(6), 260A]
PCIT v. Shipra Enclave (P) Ltd. [2026] 309 Taxman 457 (Cal)(HC)
S. 68: Cash credits-Long-term capital gains-Sale of shares-Mishka Finance & Trading Ltd-Penny stock-Commission-SEBI inquiry finding no violations and assessee furnishing complete supporting evidence-Transactions were held genuine-Tribunal deleted additions-High Court affirmed the order of the Tribunal-SLP of the revenue was dismissed on account of delay of 154 days. [S. 10(38), 45, 69C, Art . 136]
PCIT v. Neelu Mahansaria [2026] 309 Taxman 249 (SC) Editorial : PCIT v. Neelu Mahansaria (2026) 182 taxmann.com 237 (Guj)(HC)
S. 45: Capital gains-Capital asset-Agricultural land-Exemption claimed without cogent evidence-Description in revenue records as dry land suitable for construction-Assessable as capital gains-SLP dismissed. [S. 2(14)(iii), Art.136]
Gijo George v. Dy. CIT [2026] 309 Taxman 169/486 ITR 244 (SC). Editorial: M J George v. Dy.CIT [2026] 182 taxmann.com 243 /486 ITR 239 (Ker)(HC)
S. 44BB: Mineral oils-Computation-Income-Deemed to accrue or arise in India-Royalties or Fees for Technical Services-Mineral Oil Exploration Services-The matter was remanded to the AO for fresh consideration of the royalty issue and passing of a fresh order in accordance with law. DTAA-India-Norway. [S. 9(1)(vii), 44DA, 197, Art. 12, Art. 226]
PGS Geophysical AS v. ITD (2026) 487 ITR 605 / 309 Taxman 425 (Delhi)(HC)
S. 37(1): Business expenditure-Compensation-Year of allowability-Compensation is allowable in the year of actual payment and not in the year when liability crystallised. [S. 145]
Assab Sripad Steels (P) Ltd. v. CIT (2026) 509 (Mad)(HC)
S. 37(1): Business expenditure-Broken period interest on purchase of securities-Securities held as stock-in-trade-Interest paid for broken period was allowable as deduction-SLP delay of 959 days-SLP dismissed on account of delay as well as on merits. [Art . 136]
CIT v. State Bank of India (2026) 309 Taxman 86 (SC) Editorial : CIT v. State Bank of India (2025) 170 taxmann.com 719 (Telengana)(HC)
S. 32: Depreciation-Block of assets-Disallowance of depreciation on the ground that certain units had not been put to use during the year under consideration-depreciation is allowable on the entire block, as attribution to specific units is unnecessary once assets fall within a block.[S. 2(11)]
CIT v. Kothari Sugars and Chemicals Ltd. (2026) 309 Taxman 118 (Mad.)(HC)
S. 11: Property held for charitable purposes-Assessee advancing objects of general public utility carried on activities resulting in incidental surplus, and quantitative limit prescribed under second proviso to section 2(15) was adhered to; such activities continued to qualify as charitable for purposes of section 11 of the Act. [S. 2(15), 260A]
CIT (E) v. Jaipur Development Authority (2026) 309 Taxman 354 (Raj.)(HC)