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. 69: Unexplained investments-Natural justice-Addition made by the A.O. without furnishing the details of information received from CBEC was set aside-Matter was remanded with a direction to provide such details and grant sufficient time and opportunity of personal hearing to the assessee. [S.69A, 143(3), 144B, Art.226]
JSW Minerals Trading (P1 Ltd. v. AUIT [2026] 183 taxmann.com 28/ 349 CTR 645 (Bom)(HC)
S. 68: Cash credits-Share application money-Failing to establish genuineness and creditworthiness-Addition sustained. [S. 260A]
Liquors India Ltd. v. ACIT (2026) 349 CTR 113 / 183 taxmann.com 357 (Telangana)(HC).
S.54F: Capital gains-Investment in a residential house-No prohibition for using borrowed funds for construction, which would be later settled using sale consideration deposited in the Capital Gains Account Scheme; however, this should be demonstrated with materials to the concerned tax authority.[S. 45, Art. 226]
Sainaba Hamza Koya (Mrs.) v. ITO. [2025] 180 taxmann.com 548 / (2026) 349 CTR 28 (Ker)(HC)
S. 54EC: Capital gains-Investment in specified bonds-Investment made before sale of property-Exemption restricted to capital gain available on date of investment. [S. 45, 260A]
CIT v. K. Kumaran [2025] 173 taxmann.com 838 / (2026) 349 CTR 343 (Mad)(HC).
S. 45 : Capital gains: Computation-Sale consideration-Assessing Officer entitled to substitute actual consideration for consideration stated in sale deed when supported by evidence.[S.48, 260A]
Inderpal Singh Ahuja v. AO (2026) 349 CTR 724 (P&H)(HC). ACIT v.Inder Pal Singh Ahuja (2026) 349 CTR 724 (P&H)(HC).
S.43B: Deductions on actual payment-Explanation 5 to S. 43B, which was inserted by Finance Act, 2021 with effect from 1-4-2021 is clarificatory in nature and would apply retrospectively-Due date fell on a date which was a National Holiday, i.e., 15-8-2018, deposit could have been made by assessee only on date which followed National Holiday, i.e., 16-8-2018-the amount deposited on 16-8-2018 was to be allowed as deduction to assessee.[S. 36(i)(va), 139(1), 143(1(a)]
Woodland (Aero Club) (P) Ltd. v. Asstt. CIT (2025) 178 taxmann.com 207/ (2026) 349 CTR 65 (Delhi)(HC)
S. 40(a)(ia): Amounts not deductible-Deduction at source-Contractors-Payments were not linked to actual expenses supported by bills and constituted contractual payments attracting TDS under section 194C-Disallowance under section 40(a)(ia) was justified. [S.194C]
Deys Medical (U.P.) (P) Ltd. v. PCIT (2026) 349 CTR 233 / 310 Taxman 14(Cal)(HC)
S. 10(10AA): Leave salary-Employee of the Central Government or State Government-Leave encashment-Employees of BSNL absorbed from Central Government service-Retirement to be treated as retirement from Central Government service-Exemption allowable. [CCS (Pension) Rules, 1972, Rule 37A(4), (8), Art. 226]
Sanchar Nigam Pensioners Welfare Association (SNPWA) v. UOI (2026) 349 CTR 706 (Ker)(HC).
S. 4: Charge of income-tax-Agricultural income-Tea cultivation-Applicability of amended provision-The law applicable is the law in force in the relevant assessment year unless the amendment is retrospective. [Assam Agricultural Income-tax (Amendment) Act, 2009, S. 8B]
Mcleod Russel India Ltd. v. State of Assam (2026) 349 CTR 497 (FB)(Gauhati)(HC).
S.2(14)(iii): Capital asset-Agricultural land-Capital gains-Land situated beyond 8 kms. from municipality-Agricultural land excluded from the definition of capital asset. [S. 45, 260A]
CIT v. K. Kumaran [2025] 173 taxmann.com 838 / (2026) 349 CTR 343 (Mad)(HC).