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. 143(3): Assessment-Return of income-Revised return of income filed within time-Once revised return filed, original return stands obliterated-Assessment order set aside-Order of Commissioner (Appeals) modified and matter remitted to Assessing Officer. Assessing Officer directed to determine taxable income on the basis of revised return [S.139(1), 139(5), 143(2)]
Tripura State Electricity Corporation Ltd v. PCIT [2025] 177 taxmann.com 539 (/ (2026) 484 ITR 405 (Tripura)(HC)
S. 132B: Application of seized or requisitioned assets-Cash seized-Assessees applying within thirty days of seizure of cash explaining source-No order passed with regard to liability or return Proviso would not come into play-No time line prescribed for recording of satisfaction by Assessing Officer-Release cannot be ordered However, since assessees had informed authorities about cash in bank locker even before recovery thereof, authorities directed to decide assessees’ application within four weeks.[Art. 226]
Kawaljeet Kaur v. Dy. CIT (2026) 484 ITR 784/ 186 taxmann.com 1133 (Raj)(HC)
S. 119: Central Board of Direct Taxes-Circular-Delay of eight days in filing audit report-Technical glitch-Commissioner’s order rejecting condonation application set aside-Commissioner directed to consider audit report and grant all consequential reliefs. [S. 12A, 119(2)(b), R.17B, Form 10B, Art. 226]
Paradip Port Stevedores Association v. CIT (2026) 484 ITR 267 / 177 taxmann.com 340 (Oriss)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Dealy in filing audit report-Delay of 76 days-Reasonable cause-Genuine hardship-Force majeure-Circular extending period of limitation-Order of Commissioner rejection of application set aside-Matter remanded to the Commissioner for fresh consideration.[S.12A, 119(2)(b), 139, 143(1), Art. 226, R. 17B, Form 10B]
Action Research for Health and Socio-Economic Development v. CBDT (2026) 484 ITR 211 / 174 taxmann.com 966 (Orissa)(HC)
S. 115JA: Company-Book profit-Voluntary retirement scheme-Advertisement expenditure-Order of Tribunal allowing the claim is affirmed. [S.260A]
CIT v. India Cements Ltd [2025] 180 taxmann.com 564 / (2026) 484 ITR 30 (Mad)(HC)
S. 80IB(10): Housing projects-undertaking-Joint venture development agreement with landowners-Failure to produce document-Interpretation of taxing statutes–Exemptions–Strict construction-Order of Tribunal set aside. [S.260A]
CIT v. Indra Housing [2025] 178 taxmann.com 722 / (2026) 484 ITR 3 (Mad)(HC)
S. 80G : Donation-Trust-Charitable purpose-Providing low-cost medical facilities to the public-Entitled to exemption. [S. 12A, Art. 226]
Tilok Tirath Vidyavati Chhuttani Trust v. CIT (2026) 484 ITR 316 / 183 taxmann.com 237 (P & H)(HC)
S. 73 : Losses in speculation business –Shares received by assessee through conversion of partly convertible debentures by allotment from company’s own capital-No purchase and sale activity by assessee-Shares allotted to assessee by company from its own capital-Tribunal was not justified in holding that the loss on account of sale of shares was speculation loss and could not be set off against the other income. [S.28(i),]
Abhar Holdings Pvt. Ltd v. Dy. CIT [2025] 180 taxmann.com 508 / (2026) 484 ITR 612(Guj)(HC)
S. 68: Cash credits-Unsecured loan-Share capital-Identity, creditworthiness and genuineness of transaction established-Source of source not required to be explained-Finance Act, 2022 (2022) 442 ITR (St) 91-Addition deleted. [S. 260A]
Sheela Overseas Pvt. Ltd. v. PCIT (2026) 484 ITR 486/ 183 taxmann.com 236 (Delhi)(HC))
50C : Capital gains-Full value of consideration-Stamp valuation-Capital asset-Held by an assessee-Transfer-Lease premises-Provision is applicable to leasehold right-Appeal of assessee dismissed [S. 2(14), 260A]
Vidarbha Veneer Industries Ltd. (In Liquidation) v. ITO [2025] 174 taxmann.com 223 /(2026) 484 ITR 132 (Bom)(HC)