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. 132: Search and seizure-Panchanama-Stock in trade-Gold jewellery was in custody of IT Department long before Panchanama was prepared and it was shown that said jewellery was stock-in-trade of assessee-Action taken by IT Department was contrary to law-Panchanama and consequential order dated 14-3-2025 were quashed and said seized gold jewellery was to be released to the assessee. [S. 131(IA), Art. 226]
H. K. Jewels (P) Ltd v. ADIT(Inv)(2026) 308 Taxman 61 (Bom.)(HC)
S. 131 : Power regarding discovery, production of evidence, etc.-Authorities mentioned in section 131 are vested with the same powers as are vested in a court under the Code of Civil Procedure, 1908, which includes enforcing attendance of any person and examining him on oath-Tribunal was not justified in holding that statements recorded under section 131 had no evidentiary value merely on that ground. [S. 68, 254(1), Code of Civil Procedure, 1908]
Pr. CIT, Central v. Lalitha Jewellery Mart (P) Ltd. (2026) 308 Taxman 462 (Mad)(HC)
S. 119: Central Board of Direct Taxes-Circular-Co-operative housing Society-Delay in filing of return-Order of CIT rejecting application of assessee-society seeking condonation of delay was to be set aside-Assessee was allowed to file a fresh return within a period of one month-[S.80P, 119(2)(b), 139, Art. 226]
Mahernagar Co-Op. Housing Service Society Ltd. v. CCIT (2026) 308 Taxman 56 (Guj.)(HC)
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Property held for charitable purposes-Delay of 1128 days-Form No 10B-Change of Chartered Accountant-Delay was condoned-Directed to grant exemption in accordance with law. [S.11, 119(2)(b), 139(4), 143(1), Art. 226]
Shamal Mohan Patil Education Society v. CIT (E) (2026) 308 Taxman 381 (Bom.)(HC)
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Affidavit-Old age-Undertook to pay an amount of Rs. 10,000 as costs-Delay of 38 days and 69 days in filing for 10B and Form No. 10-Delay was condoned-Respondent was directed to grant exemption as per law. [S.11,139(4), 143(1), Form No 10, Form No 10B, Art. 226]
Dakuben Saremalji Sancheti (Nadol Charitable Trust) v. CIT(E)(2026) 308 Taxman 506//349 CTR 137 (Bom.)(HC)
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Delay of 523 days in filing Form No.10-Mistake of Chartered Accountant-Delay was condoned-Court directed the CIT(E) to grant relief as per the law. [S.11(2), 119(2)(b), 143(1), Art. 226, Form No.10]
St. Anne’s School v. CIT (E) (2026) 308 Taxman 90 (Bom.)(HC)
S. 119: Central Board of Direct Taxes-Circular-Property held for charitable purposes-Received a grant eight days before year-end-Form No 9A-There was no requirement to file Form 9A-It could not be said that assessee had delayed filing of Form 9A, and the order was set aside. [S. 11(1), Form 9A, Form 10B, Art. 226]
Swasth Foundation v. CIT (E) (2026) 308 Taxman 221 (Bom.)(HC)
S. 80G: Donation-Charitable activities, especially for the welfare of downtrodden, poor and destitute sections of society-Rejection order of CIT(E) was set aside by the High Court-SLP of the revenue was dismissed due to delay of 383 days and also on merits.[S. 12AAA, 80G(5), Art. 136]
CIT v. Mumukshu Mandal (2026) 308 Taxman 497 (SC) Editorial : Mumukshu Mandal(Regd), Shri Geeta Mandir v. CIT(2024) 300 Taxman 373/ (2025) 473 ITR 452 (P& H)(HC)
S. 68 : Cash credits-Share application money-Summons-Non-appearance of directors of assessee before Assessing Officer-Addition is not justified. [S. 131, 260A]
PCIT v. Jealous Commercial (P.) Ltd. (2026) 308 Taxman 80 (Cal)(HC)
S. 68 : Cash credits-Search-Statement on oath-Share application money-Order of Tribunal deleting the addition was affirmed.[S. 131, 132, 260A]
Pr. CIT, Central v. Lalitha Jewellery Mart (P) Ltd. (2026) 308 Taxman 462 (Mad)(HC)