November 2025

In this landmark capital gains tax case, the Supreme Court of India meticulously dissected the legal nuances of ‘transfer’ under Section 2(47) of the Income Tax Act, 1961. The dispute centered on whether an agreement to sell, power of attorney, and subsequent compromise deed involving immovable property triggered capital gains tax liability for Assessment Year 2004-2005. The Court rejected the assessee’s arguments that the initial transactions fell under Section 2(47)(v) or (vi), clarifying that a mere license for construction does not equate to ‘possession’ under Section 53A of the Transfer of Property Act, and that ‘enabling enjoyment’ requires de facto transfer of ownership. Crucially, the Court held that the compromise deed, which finalized payments and extinguished the assessee’s rights, constituted a definitive transfer under Section 2(47)(ii) and (vi), thereby upholding the taxability of the capital gains. This judgment reinforces the principle that the substance of transactions, particularly those involving extinguishment of rights, governs tax liability, providing critical guidance for real estate and tax professionals.

In this landmark judgment, the Supreme Court clarified the interplay between the Benami Transactions (Prohibition) Act, 1988, and the Indian Trusts Act, 1882. The Court held that where a property is held by a person as a trustee, as determined under section 82 of the Indian Trusts Act, the prohibitions under the Benami Act do not apply, as explicitly exempted under section 4(3)(b). Furthermore, affirming the principle of non-retrospectivity, the Court ruled that the Benami Act does not apply to pending suits instituted prior to its enforcement, thereby protecting vested rights and ensuring legal certainty. This decision reinforces the sanctity of court decrees and the limited scope of executing courts to revisit them.

In a landmark ruling on agricultural income tax, the Supreme Court curtailed the Department’s overreach under Section 29 of the Kerala Agricultural Income Tax Act, 1950. The Court emphasized that machinery provisions cannot resurrect a legally divided Hindu Undivided Family (HUF) for assessment. Despite a 1964 amendment giving retrospective effect, the Department’s persistent attempts to reassess a family long treated as divided were struck down. The decision reinforces that tax authorities cannot deem a non-existent entity into being, upholding finality in assessments and protecting assessees from harassment. Key takeaway: Section 29 applies only to existing families previously assessed as HUF or being assessed as HUF for the first time, not to defunct entities.

In Bankipur Club Ltd. vs. CIT, the Supreme Court clarified the strict requirements for initiating reassessment under Section 34(1)(b) of the Indian Income Tax Act, 1922. The Court held that reassessment is permissible only if the Income Tax Officer receives information—factual or legal—after the original assessment. Here, since the Officer had all relevant facts during the initial assessment and no subsequent information was proven, the reassessment was invalid. The decision reinforces the principle that reassessment cannot be used merely for a change of opinion, protecting assessees from arbitrary reopening of cases. The appeal was partly allowed, with costs awarded to the assessee.

In this landmark reassessment jurisdiction case, the Supreme Court of India overturned the Mysore High Court’s decision, ruling in favor of the Revenue. The Court held that the Income Tax Officer had valid jurisdiction to initiate reassessment proceedings under Section 34 of the Indian Income Tax Act, 1922 for assessment years 1945-46 to 1948-49, despite complex constitutional transitions involving the retroceded area of Bangalore. The judgment provides crucial interpretation of saving provisions in transitional legislation, establishing that ‘assessment’ includes reassessment and that the expression ‘levy, assessment and collection’ in Section 13(1) of the Finance Act, 1950 encompasses reassessment proceedings. This precedent strengthens the Revenue’s position in similar transitional jurisdiction disputes.

In this landmark judgment, the Supreme Court of India definitively ruled on the tax treatment of savings arising from premature repayment of deferred sales tax liabilities under state industrial incentive schemes. The Court held that such savings, resulting from payment at Net Present Value (NPV), do not qualify as taxable income under Section 41(1) of the Income Tax Act, 1961. The decision clarifies that mere prepayment of a liability at its discounted value, without remission or cessation of the underlying obligation, does not trigger taxability under Section 41(1). This judgment provides crucial guidance for businesses availing of tax deferral schemes and reinforces the principle that statutory arrangements for early settlement do not inherently create taxable benefits.

In this landmark Supreme Court judgment, the Court reinforces the principle of taxing the ‘right person’ under the Income-tax Act, 1961. The case involves a property owner who leased to family members at nominal rates, who then sub-leased at higher market rates—a classic tax avoidance scheme. The Court upheld the assessment of the higher rental income in the owner’s hands under section 23(1), dismissing the appeal. It emphasized that factual findings of bogus transactions cannot be interfered with. Notably, the Court acknowledged double taxation as the same income was assessed in both the owner’s and family members’ hands, leaving the latter to pursue separate remedies. This decision underscores the judiciary’s stance against artificial devices to reduce tax liability.

In this landmark Wealth Tax case, the Supreme Court reinforced the principle of statutory interpretation by affirming that the term ‘issued’ in section 18(2A) of the Wealth Tax Act 1957 equates to ‘served’. The Court dismissed the Revenue’s appeal, citing consistency with prior rulings like Banarsi Debi vs. ITO, and emphasized that a narrower interpretation would lead to impractical and unfair results. This decision provides clarity for taxpayers and authorities on notice procedural timelines, impacting multiple assessment years from 1964-65 to 1970-71.