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Supreme Court judgments on Section 28, Income Tax Act, 1961

6 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 28 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

M/s Jindal Equipment Leasing Consultancy Services Ltd. vs Commissioner of Income Tax Delhi – II, New Delhi
SC · 9 January 2026
[2026] 1 S.C.R. 517 : 2026 INSC 46
Issue arose as regards taxability of gains said to arise on amalgamation, where shares of the amalgamating company held by the assessees as stock-in-trade, stand substituted by shares of the amalgamated company; whether…
Bank of Rajasthan Ltd. vs Commissioner of Income Tax
SC · 16 October 2024
[2024] 10 S.C.R. 860 : 2024 INSC 781
Issue arose as regards the treatment to be given to broken period interest, whether a deduction of the broken period interest can be claimed by the Bank, purchaser of the government Securities.
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…
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…
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…
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…

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