2025

In this landmark capital gains case, the Supreme Court of India reinforced procedural rigor in tax appeals by allowing the Revenue’s application under Section 256(2) of the Income Tax Act. The Court directed the Tribunal to refer critical questions on capital gains computation—involving bonus shares and the application of the B.C. Srinivasa Setty principles—to the High Court for authoritative determination. This judgment underscores the judiciary’s commitment to ensuring substantial questions of law receive proper appellate scrutiny, setting a precedent for similar reference applications.

In Commissioner of Income Tax vs. Amalgamation Pvt. Ltd., the Supreme Court delivered a landmark judgment reinforcing the principle that tax avoidance provisions require proof of motive, not mere consequence. The assessee, forced to sell shares to a connected party under the Companies Act 1956 at government-fixed prices, successfully argued that the first proviso to Section 12B(2) of the Income Tax Act 1922 did not apply, as the transaction lacked tax avoidance intent. Simultaneously, the Court allowed a business loss deduction for guarantees provided to a subsidiary, affirming that such activities fell within the assessee’s business scope. This decision underscores the importance of factual context in applying anti-avoidance rules and broadens the deductibility of incidental business expenditures.

In this landmark judgment, the Mumbai ITAT clarifies the scope of deduction under section 80-IA(4) for solid waste management activities. The Tribunal decisively holds that mere collection, segregation, and transportation of municipal solid waste under contracts with government bodies do not qualify as ‘developing, operating, or maintaining a Solid Waste Management System’ under the Income Tax Act. Such activities are classified as works contracts, excluded from deductions under section 80-IA(13). The ruling emphasizes that the legislative incentive targets entrepreneurs who invest in and operate infrastructure for waste processing (e.g., composting plants, energy recovery), not contractors performing logistical services. It also establishes that the principle of consistency does not apply when earlier deductions were erroneously allowed, allowing revenue authorities to correct mistakes in line with judicial interpretation. This judgment provides critical guidance for waste management companies and tax professionals on distinguishing between eligible infrastructure development and ineligible contractual services.

In this landmark judgment, the Supreme Court clarified the tax treatment of interest on enhanced compensation under the Land Acquisition Act. Reversing the Tribunal’s decision, the Court ruled that such interest cannot be taxed as a lump sum upon the court’s order for enhanced compensation. Instead, it must be allocated annually from the date of possession to the date of the court order, based on the time elapsed. This decision ensures proper income recognition over the relevant periods and prevents undue tax burdens from lump-sum taxation.

In this landmark ruling, the Income Tax Appellate Tribunal, Mumbai Bench, emphatically curtails the scope of revisional jurisdiction under Section 263 in limited scrutiny assessments. The judgment reinforces that the Principal CIT cannot traverse beyond the A.O’s circumscribed jurisdiction, safeguarding assessees from arbitrary revisions. Additionally, it crystallizes the legal position that co-operative societies remain eligible for deduction under Section 80P(2)(d) on interest income from co-operative banks, affirming that such banks retain their character as co-operative societies under the Co-operative Societies Act. This decision provides critical clarity on jurisdictional boundaries and substantive tax benefits for the co-operative sector.

In this landmark judgment, the Supreme Court of India definitively ruled that poultry farming, including rearing and dressing chickens, does not constitute an ‘industrial undertaking’ eligible for tax deductions under sections 80HH and 80-I of the Income Tax Act, 1961. The Court upheld the Revenue’s position, dismissing the assessee’s appeal based on its prior precedent in CIT vs. Venkateshwara Hatcheries (P) Ltd. (1999). Key to the ruling was the absence of evidence that dressing poultry amounted to ‘manufacture,’ a critical requirement for the deductions. This judgment clarifies the scope of industrial incentives under the Act, emphasizing that agricultural or farming activities, without substantial manufacturing processes, do not qualify for such benefits, providing certainty for tax authorities and businesses in the poultry sector.

In this consolidated order, the Income Tax Appellate Tribunal, Chennai ‘B’ Bench, dismissed cross appeals for AY 2014-15 involving Shriram City Union Finance Ltd. Key rulings: (1) Transfer to statutory reserve under RBI Act s. 45IC is an appropriation of profit, not deductible for business income or book profit u/s 115JB. (2) Disallowance u/s 14A cannot apply if no exempt income is earned, following Supreme Court precedent. (3) Royalty paid for logo usage is revenue expenditure, deductible. (4) Commission disallowance u/s 40(a)(ia) for TDS default under s. 194H is limited to payments exceeding Rs. 5000 per recipient, with Supreme Court overriding earlier High Court leniency. (5) Disallowance u/s 14A r.w.r. 8D cannot be added to book profit u/s 115JB. The Tribunal consistently applied precedents, emphasizing factual findings and legal principles on deductions, TDS compliance, and MAT computations.

In this landmark judgment, the Gujarat High Court clarified the retrospective application of amendments to limitation periods under the Income Tax Act. The petitioners, major corporate entities, faced proceedings under Section 201 for alleged TDS defaults from 2007-08 and 2008-09. The Revenue invoked the Finance Act, 2014 amendment, which extended the limitation period to seven years, to justify notices issued after the original two-year period had lapsed. The Court, applying settled principles of statutory interpretation, held that the amendment was prospective and did not revive time-barred proceedings. This decision reinforces the protection of accrued rights in tax litigation, ensuring certainty and finality in fiscal matters. It serves as a critical precedent for assessees contesting belated actions by tax authorities based on amended limitation provisions.