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 9 Section 10 5 Section 28 6 Section 143 7 Section 148 5

Engineering Analysis Centre of Excellence Private Limited vs The Commissioner of Income Tax & Anr.

SC · 2 March 2021

[2021] 2 S.C.R. 321 : 2021 INSC 137

Income Tax Act, 1961: s.195 – Amount paid by resident in India to non-resident foreign software suppliers – Liability to deduct tax at source – Held: In view of the definition of royalties contained in Article 12 of the…

National Co-Operative Development Corporation vs Commissioner of Income Tax, Delhi-V

SC · 11 September 2020

[2020] 13 S.C.R. 517 : 2020 INSC 544

Income Tax Act, 1961 – s.37(1)– Taxable income of appellantCorporation– Interest earned on funds received u/s.13(1), 1962 Act and disbursed by way of grants to national/state level cooperative societies – If eligible for…

Raj Pal Singh vs Commissioner of Income-Tax, Haryana, Rohtak

SC · 25 August 2020

[2020] 9 S.C.R. 185 : 2020 INSC 505

Income Tax Act, 1961 – s. 45 – Land Acquisition Act, 1894 – A land was on lease with a college and the lease was to expire on 31.08.1967 – The college moved the State Government for compulsory acquisition of the subject…

Shree Choudhary Transport Company vs Income Tax Officer

SC · 29 July 2020

[2020] 8 S.C.R. 165 : 2020 INSC 468

Income Tax Act, 1961: ss. 40(a)(ia) and 194C – Applicability of – Scope – Deduction of tax at Source – For the assessment year 2005-2006 – Failure by assessee, while making payment to the truck operators engaged by asses…

Shiv Raj Gupta vs Commissioner of Income-Tax, Delhi-Iv

SC · 22 July 2020

[2020] 5 S.C.R. 874 : 2020 INSC 461

Income Tax Act, 1961 – ss.28(ii)(a) and 260-A – Payment made as non-competition fee – Taxability of – Appellant was the C chairman and Managing director of a Company-CDBL – A SWC group entered into a MOU with the appella…

Ramnath & Co. vs The Commissioner of Income Tax

SC · 5 June 2020

[2020] 6 S.C.R. 719 : 2020 INSC 415

Income Tax Act, 1961 – s. 80-O – The appellants-assessees were engaged in providing services to certain foreign buyers of frozen seafood and/ or marine products – Appellants claimed that income received by them for servi…

Pilcom vs C.I.T. West Bengal-Vii

SC · 29 April 2020

[2020] 6 S.C.R. 620 : 2020 INSC 375

Income Tax Act, 1961 – s.115BBA and s.194E – AssessePILCOM, a committee formed by the Cricket Control Boards/Associations of three countries viz. Pakistan, India and Sri Lanka for purpose of conducting the World Cup tour…

Vodafone Idea Ltd. (Earlier Known As Vodafone Mobile Services Limited) vs Assistant Commissioner of Income Tax Circle 26 (2) & Anr.

SC · 29 April 2020

[2020] 11 S.C.R. 200 : 2020 INSC 378

Income Tax Act, 1961: s.143(1) and s.143(2) – Exercise of power under – Distinction between – Held: Under s.143(1), the matter is processed, only to check whether any apparent inconsistencies are evident on the face of t…

Basir Ahmed Sisodiya vs The Income Tax Officer

SC · 24 April 2020

[2020] 4 S.C.R. 581 : 2020 INSC 352

Income Tax Act, 1961 – ss.68, 143, 144, 145, 271 – Assessing Officer, inter alia, relying on the Balance Sheet and the books of account, added the credits amounting to Rs.2,26,000/- in declared income of the appellant-as…

Union of India & Anr. vs U.A.E. Exchange Centre

SC · 24 April 2020

[2020] 4 S.C.R. 719 : 2020 INSC 354

Income Tax Act, 1961: ss.2(24), 90 – Double Taxation Avoidance Agreement (DTAA) – Respondent, a company incorporated in the UAE was engaged in offering remittance services for transferring amounts from UAE to various pla…

Union of India & Ors. vs Exide Industries Limited & Anr.

SC · 24 April 2020

[2020] 7 S.C.R. 1 : 2020 INSC 350

Income Tax Act, 1961: s. 43B(f) (as inserted by Finance Act, 2001) – Liability under leave encashment scheme – Subjected to exception u/s. 43B by inserting Clause (f) to s. 43B – Constitutional validity of – Held: s.43B…

New Delhi Television Ltd. vs Deputy Commissioner of Income Tax

SC · 3 April 2020

[2020] 7 S.C.R. 649 : 2020 INSC 330

Income Tax Act, 1961 : s.147 – Power under, invocation of – Whether the revenue had sufficient reasons to believe that undisclosed income of the assessee has escaped assessment and C there were grounds to issue notice u/…

Rajasthan State Electricity Board Jaipur vs The Dy. Commissioner of Income Tax (Assessment) & Anr.

SC · 19 March 2020

[2020] 4 S.C.R. 995 : 2020 INSC 313

Income Tax Act, 1961: ss. 32(2) and 143 (I-A) – Additional tax – Levy of – Propriety – Assessee claiming 100% depreciation – As per amended s. 32(2) since the depreciation was restricted only upto 75%, Assessing Officer…

M/s Super Malls Private Limited vs Principal Commissioner of Income Tax 8, New Delhi

SC · 5 March 2020

[2020] 4 S.C.R. 676 : 2020 INSC 277

Income Tax Act, 1961 – s.153C – Search and seizure operation carried out at residential/business premises of Director (the searched person) of assessee-company – A pen drive was found and seized – Some documents were sei…

M/s. Ananda Social and Educational Trust vs The Commissioner of Income Tax & Anr.

SC · 19 February 2020

[2020] 1 S.C.R. 721 : 2020 INSC 208

Income Tax Act, 1961: s.12AA – Registration under, of a newly registered Trust – Entitlement – Held: A newly registered Trust is entitled for registration under s.12AA on the basis of its objects, without any activity ha…

Maruti Suzuki India Ltd. vs Commissioner of Income Tax, Delhi

SC · 7 February 2020

[2020] 2 S.C.R. 658 : 2020 INSC 150

Income Tax Act, 1961 – Proviso to s.43B – Allowable deduction u/s.43B in respect of unutilised MODVAT credit – Appellant-assessee manufactures automobiles chargeable to Excise Duty under the 1944 Act– It acquires excisab…

M/s Dalmia Power Limited & Anr. vs The Assistant Commissioner of Income Tax Circle 1, Trichy

SC · 18 December 2019

[2019] 18 S.C.R. 1236 : 2019 INSC 1410

Income Tax Act, 1961 – ss.139 (5), 143(2) – Companies Act, 2013 – ss.230-252 – Appellant Nos. 1 & 2 filed its original return of Income u/s. 139(1) of the Act, 1961 for A.Y. 2016-17 on 30.09.2016 and 30.11.2016 respectiv…

Genpact India Private Limited vs Deputy Commissioner of Income Tax & Anr.

SC · 22 November 2019

[2019] 17 S.C.R. 139 : 2019 INSC 1277

Income Tax Act, 1961: ss. 246(1)(a) and 246A(1)(a) – Scope of – Held: Scope of the provisions cannot be confined to the issues arising out of or touching upon assessment proceedings u/ss. 143 of 144 of Income Tax Act – D…

Principal Commissioner of Income Tax, Mumbai vs M/s I-Ven Interactive Limited, Mumbai

SC · 18 October 2019

[2019] 13 S.C.R. 509 : 2019 INSC 1166

Income Tax Act, 1961 – s.142(1), Proviso to s.143(2) – Respondent-assessee company filed return of income for 2006-07, declaring total income of Rs.3,38,71,716/-, under E-Module Scheme – Notice u/s.143(2) issued to the a…

Commissioner of Income Tax, Karnal (Haryana) vs M/s Carpet India, Panipat (Haryana)

SC · 27 August 2019

[2019] 12 S.C.R. 607 : 2018 INSC 423

Income Tax Act, 1961: s.80 HHC - Deductions under - Availability of - To supporting manufacturer - Whether at par with the actual direct exporter - Held: Supporting manufacturers stand on completely different footing fro…

Krishna Kumar Rawat & Ors. vs Union of India & Ors.

SC · 29 July 2019

[2019] 10 S.C.R. 333 : 2019 INSC 819

Income Tax Act, 1961 – ss.269UC, 269UD (1A), 269UE (1), 269UG (4) and Chapter XX-C – Rajasthan Urban Areas (Sub Division) Rules, 1975 – r.11 – Vesting of Property in Central Government – Appellants (Prospective buyers) e…

Pr. Commissioner of Income Tax, New Delhi vs Maruti Suzuki India Limited

SC · 25 July 2019

[2019] 9 S.C.R. 799 : 2019 INSC 815

Income Tax Act, 1961 – ss.143(2), 292B and ss.2(31), 92CA(3), 142(1), 144C (15)(b), 148, 153(1), 153(4), 170(2), 260A – Assessee, joint venture between Suzuki Motor Corporation and Maruti Suzuki India Limited (MSIL) was…

The Peerless General Finance and Investment Company Ltd. vs Commissioner of Income Tax

SC · 9 July 2019

[2019] 18 S.C.R. 957 : 2019 INSC 732

Income Tax Act, 1961 – AYs 1985-86 and 1986-97 – Subscriptions received from public at large under collective investment scheme – Difference between capital receipts and revenue receipts – Assessee-company floated scheme…

Ryatar Sahakari Sakkarre Karkhane Niyamit vs Asst. Commissioner of Income Tax C-1 & Ors.

SC · 1 May 2019

[2019] 8 S.C.R. 183 : 2019 INSC 608

Income Tax Act, 1961 – s.260-A – Substantial question of law – The appeal is to be heard on merits, only on the questions framed by the High Court under sub-section (3) of s.260-A of the Act as provided under s.260A(4) o…

Snowtex Investment Limited vs Principal Commissioner of Income Tax, Central-2, Kolkata

SC · 30 April 2019

[2019] 8 S.C.R. 687 : 2019 INSC 593

Income Tax Act, 1961: ss.43(5)(d), 73 – Assessment year 20082009 – Assessee-NBFC having sole business of share trading – Transacting in future and options – Whether the speculation loss is capable of set off against the…

Pr. Commissioner of Income Tax 6 vs Nokia India Pvt. Ltd.

SC · 8 April 2019

[2019] 6 S.C.R. 478 : 2019 INSC 476

Income Tax Act, 1961 – ss.260-A, 148 – Assessing officer (AO) issued notice to the respondent u/s.148 – Objections raised by the respondent were accepted by the ITAT – Aggrieved, Revenue filed appeal in the High Court –…

The Commissioner of Income Tax, New Delhi vs Ram Kishan Dass

SC · 26 March 2019

[2019] 5 S.C.R. 25 : 2019 INSC 400

Income Tax Act, 1961 – s. 142(2A) – Inquiry before assessment – Special audit – Extension of time for submission of the audit report of the auditor appointed under the provisions of s. 142(2A) – Jurisdiction of the asses…

Principal Commissioner of Income Tax (Central) - I vs Nra Iron & Steel Pvt. Ltd.

SC · 5 March 2019

[2019] 4 S.C.R. 163 : 2019 INSC 314

Income Tax Act, 1961 – s.68 – Cash credits – Money received through Share Capital/Premium from various companies – Assessing Officer (A.O.) issued show cause notice to respondent-assessee to establish the genuineness of…

Kakadia Builders Pvt. Ltd. & Anr. vs Income Tax Officer Ward 1(3) & Anr.

SC · 5 March 2019

[2019] 5 S.C.R. 279 : 2019 INSC 316

Income Tax Act, 1961 – ss. 154, 234A, 234B and 234C, Chapter XIXA – The appellants-assessee filed settlement applications before the Settlement Commission during the pendency of the assessment proceedings for determinati…

Pr. Commissioner of Income Tax, Shimla vs M/s. Aarham Softronics

SC · 20 February 2019

[2019] 4 S.C.R. 409 : 2019 INSC 231

Income Tax Act, 1961 – ss.80-IA, 80-IB, 80-IC – ‘Initial Assessment Year’ u/s.80-IC – U/s.80-IC an undertaking or enterprise, in certain special category states, which has inter alia, begun or begins to manufacture or pr…

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