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. 263: Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Acquired leasehold/freehold land and building from a company pursuant to an agreement for sale-Certain deductions only on actual payment-High Court affirmed the Order of the Tribunal quashing the revision order-SLP of revenue was dismissed. [S.43B, 56(2)(x), 143(3), Art.136]
PCIT v. Britannia Industries Ltd. (2026) 310 Taxman 497 (SC) Editorial: PCIT v. Britannia Industries Ltd. (2025) 176 taxmann.com 470 (Cal)(HC)
S. 260A : Appeal-High Court-Additional evidence-Amalgamation-Non-existing entity-Additional evidence admitted-Assessment was quashed-SLP of revenue dismissed [S. 143(3), 254(1), Code of Civil Procedure, 1908, Order 41, Rule 27, Art. 136]
Dy. CIT v. Reliance Industries Ltd. (2026) 310 Taxman 406 (SC) Dy. CIT v. Reliance Industries Ltd. (2026) 310 Taxman 488 (SC) Editorial: Reliance Industries Ltd v. P.L.Roongta (2025) 171 taxmann.com 467/479 ITR 770 (Bom)(HC)
S. 254(1): Appellate Tribunal-Powers-Capital gains-Agricultural land-Reasoning of the Tribunal must not be contrary to Constitutional provisions and in disregard of established facts and evidence borne on record-Sale of agricultural land-Not liable to capital gains tax. [S. 2(14)(iii), 45, 260A]
Pallava Resorts (P.) Ltd. v. Dy. CIT (2026) 310 Taxman 554 (Mad)(HC)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Delay of 113 days-Matter was remanded to the CIT(A) with a direction to allow the assessee to file a fresh affidavit clearly explaining the cause of delay.[S. 246A, Art. 226]
V.S. Sayed Mohammed v. UOI (2026) 310 Taxman 257 (Ker)(HC)
S. 237: Refunds-Tax deducted at source-Direction issued by Single Judge, in effect, resulted in refund of the very same amount for a second time, which was impermissible under the provisions of the Act.[S. 143(1), 244A, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S. 96, Art. 226]
ITO v. Supriya S. Shetty (Smt.) (2026) 310 Taxman 309 (Karn.)(HC) Editorial: Supriya S. Shetty (Smt.) v. ITO (Karn)(HC) (WP. No.30804/ 2024 dt.20-11-2025)
S. 234B: Interest-Advance tax-Waiver of interest-Jurisdictional High Court decision-Petitioner did not deposit tax on account of lack of clarity on the issue involved, and petitioner, being a Public Sector Undertaking, had no mala fide intention to evade or avoid payment of tax; petitioner was entitled to waiver of interest payable under Section 234B.[S.80P(2), 119, Art. 226]
Punjab State Co-Operative Supply Marketing Federation Ltd. v. Chief CIT (2026) 310 Taxman 64 (P&H)(HC)
S. 220: Collection and recovery-Assessee deemed in default-No orders or intimations creating demands were ever served. It came to know about the demand only upon receipt of notice after 9 years-Notice was quashed and set aside. [Art. 226]
APS Hydro (P.) Ltd. v. UOI (2026) 310 Taxman 334 (Delhi)(HC)
S. 206C: Collection at source-Forest produce-Survey-Compounding fees/fines recovered from illegal miners and transporters of minerals-Illegal mining-There was no legislative mandate to collect tax at source from a person who was involved in illegal mining or illegal transportation of minerals-SLP of revenue was dismissed. [Art. 136]
Dy. CIT (TDS) v. District Mining Officer (2026) 310 Taxman 95 (SC) Dy. CIT (TDS) v. District Mining Officer (2026) 310 Taxman 271 (SC) DY. CIT (TDS) v. Dy. Director (Mineral and Administration) (2026) 310 Taxman 492 (SC) Editorial : District Mining Officer v. Dy.CIT(2025) 175 taxmann.com 1008 (Chhattisgarh) (HC)
S. 197: Deduction at source-Certificate for lower rate-US-based non-resident procured standard off-the-shelf software for its own use and its Indian affiliate and sought a lower withholding certificate-Since transactions were covered by the Supreme Court’s decision in Engineering Analysis and did not prima facie involve royalty or fees for included services, issuance of certificate at 15% was unsustainable-A certificate at 2% withholding rate was to be issued to balance revenue interest and relief to the petitioner.[S.9(1)(vi), 9(1)(vii), Art. 226]
Cvent Inc v. Dy.CIT [2026] 310 Taxman 301 (Delhi)(HC)
S. 197: Deduction at source-Certificate for lower rate-Certificate issued under Section 197 for a particular financial year would operate for the entire corresponding assessment year. The assessee could not be treated as an assessee in default under Section 201, nor made liable to interest under Section 201(1A) because the assessee had a certificate under Section 197 for the entire assessment year. [S.201(IA), 260A]
CIT, TDS v. Project Director National Highways Authority of India PIU (2026) 310 Taxman 374 (MP)(HC)