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Supreme Court judgments on Income Tax Act, 1961

114 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 2 9Section 10 5Section 28 6Section 143 7Section 148 5
The Commissioner of Income Tax Jaipur vs Prakash Chand Lunia (D) Thr. Lrs. & Anr.
SC · 24 April 2023
[2023] 7 S.C.R. 85 : 2023 INSC 416
Income Tax Act, 1961 – Explanation to s.37(1) – ‘any expenditure’ in s.37 – Expenditure/loss incurred for any purpose which is an offence or prohibited by law, not deductible in terms of Explanation 1 to s.37 – High Cour…
Principal Commissioner of Income Tax, Central-3 vs Abhisar Buildwell P. Ltd.
SC · 24 April 2023
[2023] 7 S.C.R. 899 : 2023 INSC 417
Income Tax Act, 1961 – ss.153A, 132, 132A – Assessment u/s.153A – Scope of – Whether in respect of completed assessments/unabated assessments, the jurisdiction of AO to make assessment is confined to incriminating materi…
Sap Labs India Private Limited vs Income Tax Officer, Circle 6, Bangalore
SC · 19 April 2023
[2023] 4 S.C.R. 430 : 2023 INSC 394
Income Tax Act, 1961 : ss. 92, 92A to 92CA, 92D, 92E, 92F and 260 A – Transfer pricing matters – Arm length price, determination of – Arm length price, determined by the tribunal – Thereafter, determination of the arm’s…
M/s. Saraf Exports vs Commissioner of Income Tax, Jaipur-Iii
SC · 10 April 2023
[2023] 4 S.C.R. 338 : 2023 INSC 331
Income Tax Act, 1961 – ss.80-IB and 28 – Deduction u/s 80IB – Denial of – For AY 2008-09 the respondent-assessee (partnership firm) filed its return declaring its income as nil, claiming deduction of Rs. 70,197/- on acco…
M/s Us Technologies International Pvt. Ltd. vs The Commissioner of Income Tax
SC · 10 April 2023
[2023] 4 S.C.R. 382 : 2023 INSC 329
Income Tax Act, 1961 – s.271C – Interpretation of – Belated remittance of the TDS after deduction, such assessee if liable to pay penalty u/s.271C – Held: No –s.271C(1)(a) shall be applicable in case of failure on the pa…
Mansarovar Commercial Pvt. Ltd. vs Commissioner of Income Tax, Delhi
SC · 10 April 2023
[2023] 8 S.C.R. 452 : 2023 INSC 330
Constitution of India – The Constitution (Thirty Sixth Amendment) Act, 1975 – Art. 371-F – Sikkim State Income-Tax Manual, 1948 – Sikkim (Collection of Taxes and Prevention of Evasion of Payment of Taxes) Act, 1987 – Inc…
Income Tax Officer vs Vikram Sujitkumar Bhatia
SC · 6 April 2023
[2023] 2 S.C.R. 756 : 2023 INSC 327
Income Tax Act, 1961: s.153C – Assessment of income of any other person – Initiation of search u/s.132 prior to the amendment to s.153C – Applicability of the amended s.153C – On facts, search u/s.132 conducted on the pr…
Commissioner of Income Tax 7 vs M/s Paville Projects Pvt. Ltd.
SC · 6 April 2023
[2023] 3 S.C.R. 310 : 2023 INSC 325
Income Tax Act, 1961 – s.263 – Exercise of jurisdiction under – Respondent filed its income tax return for the AY 2007-08, wherein it showed sale of the property / building for an amount of Rs.33 Crores – According to th…
Pr. Commissioner of Income Tax (Exemptions) Delhi vs Servants of People Society
SC · 31 January 2023
[2023] 1 S.C.R. 865 : 2023 INSC 88
Income Tax Act, 1961: ss. 2(15) and 11(1) – Charitable trust – Benefit of exemption – Entitlement to – On facts, assessee-registered society founded in 1921 for nation building, general awareness and welfare of the peopl…
K.L. Swamy vs The Commissioner of Income Tax & Anr.
SC · 13 January 2023
[2023] 1 S.C.R. 689 : 2023 INSC 28
Income Tax Act, 1961: ss. 158BC, 158BD, 158 BFA(1) – Block assessment – Undisclosed income of any other person – Levy of interest – Assessee belatedly filed return for block period in response to notice u/s. 158BD by inc…
Association of Old Settlers of Sikkim and Ors. vs Union of India and Anr.
SC · 13 January 2023
[2023] 10 S.C.R. 289 : 2023 INSC 29
Income Tax Act, 1961 – s.10(26AAA) – Sikkim Subjects Regulations, 1961 – rr.3 and 4 – Right to Equality – Prohibition of discrimination – Clause 26AAA to s.10 of the Income Tax Act, 1961 granted exemption to “Sikkimese”…
The Commissioner of Income Tax – 23 vs M/s. Mansukh Dyeing and Printing Mills
SC · 24 November 2022
[2022] 8 S.C.R. 785 : 2022 INSC 1225
Income Tax Act, 1961: s.45(4) – Applicability of – Captial gains – Profits or gains arising from the transfer of a capital asset – Object of introducing s.45(4) – Held: s.45(4) states that the profits or gain arising fro…
Singapore Airlines Ltd. vs C.I.T., Delhi
SC · 14 November 2022
[2022] 9 S.C.R. 1 : 2022 INSC 1201
Income Tax Act, 1961: s. 194H – Tax Deduction at the Source on Commission and brokerage – Interpretation of s. 194H – On facts, assessee airlines selling their flight tickets through the travel agents – Arrangement betwe…
State Bank of India vs Assistant Commissioner of Income Tax
SC · 4 November 2022
[2022] 10 S.C.R. 51 : 2022 INSC 1165
Income Tax Act, 1961: ss. 10(5), 192(1), 201 – Deduction of tax at source from salary of employee – Consequences of failure to deduct or pay – Employees of assessee bank availed Leave Travel Concession (LTC) taking a cir…
Assistant Commissioner of Income Tax (Exemptions) vs Ahmedabad Urban Development Authority
SC · 3 November 2022
[2022] 8 S.C.R. 581 : 2022 INSC 1155
Income Tax Act, 1961: s.2(15) – Revenue sought clarification of the judgment dated 19.10.2022 – The said judgment considered the interpretation of s.2(15) in relation to charitable trusts which engage in activities that…
Assistant Commissioner of Income Tax (Exemptions) vs Ahmedabad Urban Development Authority
SC · 19 October 2022
[2022] 15 S.C.R. 899 : 2022 INSC 1112
Income Tax Act 1961: ss. 2(15) proviso – Tax exemption – Claim of, by Charitable institutions advancing an object of generally public utility-GPU – ‘Charitable Purpose’ – Interpretation of – Term of “any other object of…
Checkmate Services P. Ltd. vs Commissioner of Income Tax-1
SC · 12 October 2022
[2022] 10 S.C.R. 1065 : 2022 INSC 1069
Income Tax Act, 1961 – s.36(1)(va) and s.43B – Allowable deductions – Assessee-appellants had belatedly deposited their employees’ contribution towards the EPF and ESI, considering the due dates under the relevant acts a…
Pr. Commissioner of Income Tax 6 vs Khyati Realtors Pvt. Ltd.
SC · 25 August 2022
[2022] 7 S.C.R. 37 : 2022 INSC 864
Income Tax Act, 1961: s.36(1)(vii) – Determination of Income under “Profits and Gains of Business or Profession – Deduction of Bad Debt – In the instant case, respondent-assessee sought deduction of the amount of Rs. 10…
M/s. R.S. Infra-Transmission Ltd. vs Saurinindubhai Patel and Ors.
SC · 11 July 2022
[2022] 6 S.C.R. 930 : 2022 INSC 672
Income Tax Act, 1961: Second Schedule, r. 60 – Application to set aside sale of immovable property on deposit – Right available to the judgment debtor u/r. 60 – Held: Is a valuable right and the last resort/opportunity t…
Union of India & Ors. vs Ashish Agarwal
SC · 4 May 2022
[2022] 3 S.C.R. 638 : 2022 INSC 510
Income Tax Act, 1961: ss.148 to 151, ss. 147 to 151(as amended by the Finance Act, 2021) – Issuance of notice where income has escaped assesssment – On facts, substituted ss.147 to 151 of the 1961 Act by the Finance Act,…
Wipro Finance Ltd. vs Commissioner of Income Tax
SC · 12 April 2022
[2022] 2 S.C.R. 1146 : 2022 INSC 417
Income Tax Act, 1961: s.37 – Disallowance – Loan borrowed by assessee in foreign currency for expanding its primary business of leasing and hire purchase of capital equipment to existing Indian enterprise – While repayin…
Principal Commissioner of Income Tax (Central) – 2 vs M/s. Mahagun Realtors (P) Ltd.
SC · 5 April 2022
[2022] 4 S.C.R. 502 : 2022 INSC 389
Income Tax Act, 1961 – ss. 2(1A), 2(31) and 170(2) – Amalgamation of companies – Effect of amalgamation in the context of income tax – Held: The combined effect of s.394(2) of the Companies Act, 1956, s.2(1A) and various…
M/s Apex Laboratories Pvt. Ltd. vs Deputy Commissioner of Income Tax, Large Tax Payer Unit- II
SC · 22 February 2022
[2022] 2 S.C.R. 126 : 2022 INSC 216
Income Tax Act, 1961: s.37(1), Explanation 1 – Pharmaceutical companies gifting freebies to doctors etc. is clearly prohibited by law and not allowed to be claimed as a deduction under s.37(1) of the Act – An amendment t…
Kerala State Beverages Manufacturing & Marketing Corporation Ltd. vs The Assistant Commissioner of Income Tax Circle 1(1)
SC · 3 January 2022
[2022] 1 S.C.R. 105 : 2022 INSC 4
Income Tax Act, 1961: s.40(a)(iib) – Purpose of amendment of Income Tax Act by Act 17 of 2013, by which s.40(a)(iib)(A), (B) is inserted – Held: The said amendment is made to plug the possible diversion or shifting of pr…
The Commissioner of Income Tax, Chennai vs Mohammed Meeran Shahul Hameed
SC · 7 October 2021
[2021] 8 S.C.R. 758 : 2021 INSC 630
Income Tax Act, 1961 – s.263 – Revision order passed under – When not barred by period of limitation provided u/s.263(2) – Held: Once it is established that the order u/s.263 was made/passed within the period of two year…
Director of Income Tax, New Delhi vs M/s Mitsubishi Corporation
SC · 17 September 2021
[2021] 7 S.C.R. 750 : 2021 INSC 495
Income Tax Act, 1961 – ss.190, 201, 209 and 234B – Proviso to s.209(1)(d), inserted by the Finance Act, 2012 – Interpretation of s.209 (1)(d) – The Respondent- Assessee is a non-resident company incorporated in Japan, wi…
Krishna Gopal Tiwary & Anr. vs Union of India & Ors.
SC · 13 August 2021
[2021] 8 S.C.R. 422 : 2021 INSC 401
Income Tax Act, 1961: s.10(10)(ii) – Exemption – Appellants are employees of Coal India Ltd. – In terms of Office Memorandum of Government of India dated 26.11.2008, the upper limit of gratuity was increased to Rs.10 lak…
M.M. Aqua Technologies Ltd. vs Commissioner of Income Tax, Delhi-Iii
SC · 11 August 2021
[2021] 8 S.C.R. 237 : 2021 INSC 397
Income Tax Act, 1961: s. 43B explanation 3C – Certain deductions to be only on actual payment – Funding of interest amount by way of a term debenture, if amounts to actual payment – Appellant-assessee company had obtaine…
Commissioner of Income Tax (Exemptions), Kolkata vs Batanagar Education and Research Trust
SC · 2 August 2021
[2021] 8 S.C.R. 31 : 2021 INSC 369
Income Tax Act, 1961: s.12AA – Cancellation of registration of respondent Trust under s.12AA – Statement of the Managing Trust of Trust showed that donations were received by way of cheques out of which substantial money…
Deputy Commissioner of Income Tax & Anr. vs M/s. Pepsi Foods Ltd.
SC · 6 April 2021
[2021] 4 S.C.R. 1 : 2021 INSC 227
Income Tax Act, 1961: s. 254(2A) third proviso – Provision as regards appellate tribunal granting stay – Third proviso providing for automatic vacation of a stay that has been granted on the completion of 365 days, wheth…

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