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

The Income Tax Officer vs Urban Improvement Trust

SC · 12 October 2018

[2018] 13 S.C.R. 847 : 2018 INSC 971

Income Tax Act, 1961: Section 10(2) Explanation clause (iii) (as amended by Fiance Act, 2002) – Whether Urban Improvement Trust (assessee) constituted under Rajasthan Improvement Act is a local authority within meaning o…

Commissioner of Income Tax vs M/s. Classic Binding Industries

SC · 20 August 2018

[2018] 9 S.C.R. 949 : 2018 INSC 725

Income Tax Act, 1961: s.80-IC – Whether an assessee who sets up a new industry of a kind mentioned in sub-section (2) of s.80-IC of the Act and starts availing exemption of 100% tax under sub-section (3) of s.80-IC (whic…

The Principal Commissioner of Income Tax-4, Mumbai vs M/s. S.G. Asia Holdings

SC · 13 August 2018

[2019] 10 S.C.R. 133

Income Tax Act, 1961: s.92 – Transfer Pricing Adjustment – Respondent received certain amount of brokerage from its parent company – During the assessment proceedings, respondent was directed to furnish details about the…

New Okhla Industrial Development Authority vs Chief Commissioner of Income Tax and Ors.

SC · 2 July 2018

[2018] 7 S.C.R. 781 : 2018 INSC 559

Income Tax Act, 1961 – s.10(20) (as Amended by Finance Act 2002 w.e.f. 01.04.2003) – Appellant-NOIDA, a local authority or not – Appellant-NOIDA contended that it is covered by the cl(ii) of Explanation to s.10(20) of th…

Commissioner of Income Tax(Tds) Kanpur and Anr. vs Canara Bank

SC · 2 July 2018

[2018] 7 S.C.R. 866 : 2018 INSC 563

Income Tax Act, 1961 – s.194A(3)(iii)(f) – Notification issued under – Payment of interest to State Industrial Development Authority – Exemption from deduction of tax at source – Benefit of, when available – New Okhla In…

M/s New Okhla Industrial Development Authority vs Commissioner of Income Tax – Appeals & Ors.

SC · 2 July 2018

[2018] 7 S.C.R. 888 : 2018 INSC 565

Income Tax Act, 1961 – s.10(20) – Applicability of – Local authority – Noida – Held: Noida is not a local authority within the meaning of s.10(20) as amended by Finance Act, 2002 w.e.f 01.04.2003 by virtue of decision in…

Mahabir Industries vs Principal Commissioner of Income Tax

SC · 18 May 2018

[2018] 4 S.C.R. 484 : 2018 INSC 543

Income Tax Act, 1961: s.80-IC – Deduction under – Entitlement for – To the industrial undertakings which completed substantial expansion – The assesseeindustrial undertaking in question started availing deduction u/s. 80…

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

SC · 27 April 2018

[2018] 7 S.C.R. 1092 : 2018 INSC 423

Income Tax Act, 1961 – ss.80HHC (1A) & (3A) a/w Explanation (baa) to s.80HHC and s.28(iiia) to (iiie) – Manner of computation of deduction under s.80HHC, in case of supporting manufacturer selling goods to an Export Hous…

B. L. Passi vs Commissioner of Income Tax, Delhi

SC · 24 April 2018

[2018] 3 S.C.R. 496 : 2018 INSC 397

Income Tax Act, 1961: s.80-O – Deduction under, claimed by assessee on the ground that it supplied to a foreign company the industrial and commercial knowledge about the Indian Automobile Industry, information about mark…

The Commissioner of Income Tax-Iv, Ahmedabad vs M/s. Shree Rama Multi Tech Ltd.

SC · 24 April 2018

[2018] 3 S.C.R. 927 : 2018 INSC 403

Income Tax Act, 1961 – Deduction – Share application money deposited in bank – Interest income earned therefrom – Claim for set off of interest income against the public issue expenses – Held: If the share application mo…

The Commissioner vs Mahindra and Mahindra Ltd. Thrg. M.D.

SC · 24 April 2018

[2018] 3 S.C.R. 951 : 2018 INSC 409

Income Tax Act, 1961 – ss. 28(iv) and 41(1) – Waived of loan amount, taxability – Sum of Rs. 57,74,064/- due by assessee to a Company – Later on waiver of loan by creditor-lender – Whether taxable as a perquisite u/s. 28…

Income Tax Officer Ward No. 16 (2) vs M/s Techspan India Private Ltd. & Anr.

SC · 24 April 2018

[2018] 4 S.C.R. 328 : 2018 INSC 396

Income Tax Act, 1961 – s.147 – Scope of – Held: s.147 empowers the Assessing authority to re-assess any income on the ground which was not brought on record during the original proceedings and escaped his knowledge; and…

Tapan Kumar Dutta vs Commissioner of Income Tax, West Bengal

SC · 24 April 2018

[2018] 4 S.C.R. 338 : 2018 INSC 395

Income Tax Act, 1961 – ss.158BD – Undisclosed income belonging to any person other than the searched person – Jurisdiction of assessing officer under s.158BD – Held: Notice under s.158BD can be issued to a person with re…

Commissioner of Income Tax-Vi vs Virtual Soft Systems Ltd.

SC · 24 April 2018

[2018] 5 S.C.R. 595 : 2018 INSC 399

Income Tax Act, 1961 – Deduction on account of lease equalization charges from lease rental income – Entitlement for – Held: The bifurcation of the lease rental is, by no stretch of imagination, an artificial calculation…

Commissioner of Income Tax, Delhi-1 vs M/s Container Corporation of India Ltd.

SC · 24 April 2018

[2018] 5 S.C.R. 607 : 2018 INSC 400

Income Tax Act, 1961 – s.80-IA – Deduction under s.80-IA on the profits earned from the Inland Container Depots – Held: The ICDs are Inland Ports and are subject to the provisions of s.80-IA – Deduction can be claimed fo…

Deputy Commissioner of Income Tax, Chennai vs T. Jayachandran

SC · 24 April 2018

[2018] 5 S.C.R. 619 : 2018 INSC 401

Income Tax Act, 1961 – Additional interest – Respondent, an approved broker for Indian Bank – Case of revenue was that Indian Bank raised its funds by way of receiving amount from the PSU and making fixed term deposit on…

Commissioner of Income Tax Kolkata Xii vs M/s Calcutta Export Company

SC · 24 April 2018

[2018] 5 S.C.R. 731 : 2018 INSC 411

Income Tax Act, 1961 – s.40(a)(ia) and ss.139(1), 200(1) – Amendment in s.40(a)(ia) by Finance Act, 2010 – If retrospective – Respondent-assessee, a partnership firm and a manufacturer and exporter of casting materials,…

Addl. Commissioner of Income Tax vs Bharat V. Patel

SC · 24 April 2018

[2018] 7 S.C.R. 1067 : 2018 INSC 406

Income Tax Act, 1961 – s.17(2) – ‘Perquisite’ – Amendment thereto, if retrospective – Respondent, Chairman and MD of Procter and Gamble (P&G), India (subsidiary of (P&G) USA) was issued Stock Appreciation Rights (SARs) b…

Commissioner of Income Tax, Central-Iii vs Hcl Technologies Ltd.

SC · 24 April 2018

[2018] 7 S.C.R. 1079 : 2018 INSC 398

Income Tax Act, 1961 – ss.10A, 80HHC and 80HHE – Claim of certain expenses attributable to the delivery of software outside India or in providing technical services from ‘total turnover’ by the Respondent u/s. 10A of the…

Mahaveer Kumar Jain vs Commissioner of Income Tax, Jaipur

SC · 19 April 2018

[2018] 3 S.C.R. 875 : 2018 INSC 370

Income Tax Act, 1961: s.5 – Taxability under – Of income from lottery – When such income was already taxed under Sikkim State Income Tax Rules, 1948 – Held: A taxing statute should not be interpreted in such a manner tha…

The Director, Prasar Bharati vs Commissioner of Income Tax, Thiruvanthapuram

SC · 3 April 2018

[2018] 3 S.C.R. 287 : 2018 INSC 298

Income Tax Act, 1961: s. 194H Explanation – Payment of Commission or brokerage – Applicability of s. 194H – Appellantassessee entering into an agreement with several advertising agencies – Payment made by appellant to th…

Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. vs Commissioner of Income Tax, Gwalior

SC · 16 February 2018

[2018] 10 S.C.R. 481 : 2018 INSC 156

Income Tax Act, 1961 – s.12-A and s.12-AA(3) – Cancellation of registration certificate under the Act by CIT – Power of – Appellant-company filed application u/s.12-A to the Commissioner of Income Tax (CIT) for grant of…

Maxopp Investment Ltd. vs Commissioner of Income Tax, New Delhi

SC · 12 February 2018

[2018] 2 S.C.R. 783 : 2018 INSC 131

Income Tax Act, 1961: s. 14A – Applicability of – To dividend income – In cases where dominant purpose of investment was to retain controlling interest in a Company/group of companies or where dominant purpose was to hav…

National Travel Services vs Commissioner of Income Tax, Delhi, Viii

SC · 18 January 2018

[2018] 1 S.C.R. 336 : 2018 INSC 35

Income Tax Act, 1961: s.2(22)(e) (as amended in 1988) – Applicability of – Partnership firm purchased shares in the name of two of its partners – Whether the firm or the partners are to be treated as shareholders for the…

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