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. 115JB : Book profit-While computing book profit under section 115JB, entire amount of profits eligible under section 80HHC was to be excluded from book profit and not 80 per cent thereof-Sales tax incentive/remission received by assessee-company under State incentive scheme linked to fixed capital investment for expansion in a backward area, being capital in nature, was to be excluded from computation of book profit under section 115JB and fell outside ambit of income under section 2(24) [S.2(24), 80HHC, 260A]

Graphite India Ltd. v. CIT (2026) 310 Taxman 543 (Cal)(HC)

S. 80IC: Special category states-Duty drawback receipts do not constitute profits derived from an eligible industrial undertaking so as to qualify for deduction-Matter was remanded to the Assessing Officer to reduce excise duty and customs duty paid on raw materials from duty drawback receipts and pass a fresh assessment order. [S.260A]

Narayan Industries v. ACIT (2026) 310 Taxman 49 (Delhi)(HC)

S. 80IB: Industrial undertakings-Interest income received consequent to refund of income tax under section 244A-Not profit or gain derived from assessee’s business activity either directly or indirectly-Not eligible for deduction.[S.244A]

Computer Graphics (P.) Ltd. v. Dy. CIT (2026) 310 Taxman 381 (Mad)(HC)

S. 80-IA: Industrial undertakings-Infrastructure development-Electricity-Captive consumption-Market value-Export profits-No reduction of business profits eligible for deduction under section 80HHC was required merely on account of deduction allowed under section 80IA.[S.80HHC, 260A]

Graphite India Ltd. v. CIT (2026) 310 Taxman 543 (Cal)(HC)

S. 80HHC: Export business-Matter was remanded back to the Assessing Officer for computation of taxable income after giving due deductions under section 80IB and section 80HHC. [S.80IB 260A]

Tata International Ltd. v. ACIT (2026) 310 Taxman 716 (Mad)(HC)

S. 80G : Donation-Grant of exemption under Section 80G is not automatic on registration under Section 12AA-Requirements of Section 80G have to be satisfied independently in each assessment year-Assessee was enjoying benefit under Section 80G in terms of orders passed by Tribunal and as upheld by High Court-Revenue was directed to take action against assessee in case it finds violation of any of terms on which benefit under Section 80G was admissible. [S.12AA, Art. 136]

CIT (Central) v. Shri Shivaji Education Society (2026) 310 Taxman 91 / 489 ITR 3 (SC) Editorial: Decision of the Bombay High Court in CIT (Central) v. Shri Shivaji Education Society (2017) 399 ITR 186 (Bom)(HC), modified with directions.

S. 69C: Unexplained expenditure-Bogus purchases-Failure to give an opportunity of cross-examination-Sham transaction-Deletion of addition was affirmed.[S.147, 148, 260A]

PCIT v. Sunil Devkishan Panwar (2026) 310 Taxman 607 (Guj)(HC)

S. 69A: Unexplained money-Survey-Income from other sources-Additional income voluntarily offered-Taxes were paid-Demonetisation-Additional income and cash payment as income from other sources and taxed them at 60% under Section 115BBE-Statement was not retracted-First time before Tribunal, assessee argued that additional income was based solely on a survey statement without evidence-Tribunal rejected the contention-On appeal, High Court affirmed the order of the Tribunal.[S. 115BBE, 133A,139(5), 254(1), 260A]

Narayan Rao Hebri v. ACIT (2026) 310 Taxman 232 (Karn)(HC)

S. 69: Unexplained investments-Stock-Overdraft facility from bank against hypothecation of stock-Stock statements furnished to bank-Cross-examination of Bank Manager-Failure to disprove-Order of Tribunal affirming the addition is affirmed.[S. 260A]

Loomba Manufacturing Syndicate Ludhiana v. CIT (2026) 310 Taxman 39 (P&H)(HC)

S. 68 : Cash credits-Cash payments-Exceeded cash balance-Cash gifts-Self-signed vouchers-Addition confirmed. [S.260A]

Bathina Srilakshmi v. ITO (2026) 310 Taxman 370 (AP)(HC)