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. 132B : Application of seized or requisitioned assets-Seizure of jewellery and gold-Stipulated time of 120 days is directory and not mandatory. Consequence of non-release is liability to pay interest. No automatic release of seized articles on expiry of time limit [S. 132, 132B(1)(i), proviso, (4). Art.226]
Rajesh Gupta v. ACIT (2026) 485 ITR 97 (Delhi)(HC)
S. 119: Central Board of Direct Taxes-Circular-Power vested in authority goes with duty to exercise it to advance the purpose for granting such power-Duty to exercise power in aid of enforcement of public or private right of citizen-Genuine hardship-Failure to file Form 10IC-tax New concessional rate of tax at 22 per cent-Delay ought to have been condoned. [S.115BAA(2), 119(2)(b), Art. 226]
Axe Bpo Services Pvt. Ltd. v. Director, CBDT (2026) 485 ITR 148 (Mad)(HC)
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Most appropriate method “Any other method” Recourse only if none of other methods considered most appropriate method-Transfer Pricing Officer not recording reasons for not following transactional net margin method-Nor discussing applicability of any other method-Not justified in adopting residual method-Res judicata not applicable-But principle of consistency important.[S.92CA,260A, R. 10AB 10AB(1)(f)]
PCIT v. SABIC India Pvt Ltd.(2026) 485 ITR 743 (Delhi)(HC)
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Not a contractor but a developer of infrastructure facilities-Eligible for deduction-SLP dismissed on account of delay of 358 days and also on merit.[S.80IA(4), Art. 136]
PCIT v. Montecarlo Ltd (2026) 485 ITR 1/309 Taxman 50 (SC) Editorial : PCIT v. Montecarlo Ltd(2022) 162 taxmann.com 389 / (2025) 475 ITR 143 (Guj)(HC)
S. 69C: Unexplained expenditure-Bogus purchases-Failure to appear in reassessment proceedings-Finding that the assessee had consciously and intentionally decided not to join the investigation-High Court affirmed the addition-SLP of the assessee dismissed. [S. 37(1), 147, 148, Art. 136]
Kanak Impex (India) Ltd v PCIT (2026) 485 ITR 3/308 Taxman 167 (SC) Editorial : Pr. CIT v. Kanak Impex (India) Ltd (2025) 474 ITR 175 (Bom)(HC)
S. 12A: Registration-Trust or institution-Pendency of appeal before Appellate Tribunal-Retrospective effect of circular issued by Central Board of Direct Taxes-Proviso curative and retrospective in nature to mitigate hardship and ensure fairness. Registration to operate retrospectively-Exemption allowable. [S. 11, 12, 12AA, 260A]
Chhattisgarh Rajya Open School Madhyamik Siksha Mandal v. Dy. CIT (E) (2026) 485 ITR 349 (Chhattisgarh)(HC)
S. 11: Property held for charitable purposes-Exemption-Institution constituted by State for development of industrial estates and related infrastructure-Tribunal justified in holding assessee entitled to benefit of exemption [S. 2(15), proviso, 12, 13(8), 260A]
CIT (E) v. Gujarat Industrial Development Corporation [2017] 83 taxmann.com 366 / (2026) 485 ITR 546 (Guj)(HC)
S. 11: Property held for charitable purposes-Industrial Development Corporation-Exemption-Institution constituted by State for development of industrial estates and related infrastructure-Tribunal justified in holding assessee entitled to benefit of exemption [S. 2(15), proviso, 12, 13(8), 260A]
CIT (E) v. Gujarat Industrial Development Corporation (2026) 485 ITR 546 (Guj)(HC)
S. 11: Property held for charitable purposes-Audit report not filed along with return-Furnishing of audit report in Form 10B is a procedural provision-Order of the Tribunal allowing the exemption affirmed. [S. 12, 143(1), 260A, Form No 10B.]
CIT (E) v. Anjana Foundation (2026) 485 ITR 5 (Guj)(HC) Editorial: SLP of revenue dismissed, CIT v. Anjana Foundation (2026) 485 ITR 10 (SC)
S. 11 : Property held for charitable purposes-Audit report not filed along with return-Furnishing of audit report in Form 10B a procedural provision-Order of Tribunal allowing the exemption affirmed by High Court-SLP of revenue dismissed on the ground of delay of 237 days as well as on merits. [S. 12, 143(1), Form No 10B, Art 136]
CIT v. Anjana Foundation (2026) 485 ITR 10 (SC) Editorial : CIT (E) v. Anjana Foundation (2026) 485 ITR 5 (Guj)(HC)