Library / Income-tax Act, 2025: The Professional's Master Guide

Appendix E: Digest of Landmark Rulings

The table lists the rulings cited in this guide, with the topic to which each relates. The principles in these judgments were laid down under the 1961 Act (or other laws where stated), and continue to guide the interpretation of the corresponding provisions of the 2025 Act where the language and scheme are the same.

Case

Court and year

Principle

Relevant to

McDowell and Co. Ltd. v. CTO

SC, 1985

Colourable devices are not legitimate tax planning

Anti-avoidance

Union of India v. Azadi Bachao Andolan

SC, 2003

Treaty benefits available to genuine residents; tax planning within law permitted

Treaties

Vodafone International Holdings v. Union of India

SC, 2012

Look at the transaction as a whole; offshore share transfer not taxable under law then in force

Indirect transfers

Commissioner of Customs v. Dilip Kumar and Co.

SC, 2018

Exemptions to be strictly construed at the threshold

Interpretation

Empire Jute Co. Ltd. v. CIT

SC, 1980

Enduring benefit test is not conclusive

Capital vs revenue

CIT v. Mahindra and Mahindra Ltd.

SC, 2018

Waiver of a loan for capital assets is not taxable as business benefit or remission

Business income

S.A. Builders Ltd. v. CIT

SC, 2006

Interest on borrowings used for interest-free advances to sister concerns allowed on commercial expediency

Interest deduction

T.R.F. Ltd. v. CIT

SC, 2010

Bad debt needs only to be written off in the books; no need to prove it is bad

Bad debts

Checkmate Services (P) Ltd. v. CIT

SC, 2022

Employees' PF and ESI contributions must be deposited by the due date under those laws

Payment basis

Maxopp Investment Ltd. v. CIT

SC, 2018

Disallowance for exempt income applies even to shares held as stock-in-trade

Section 14

CIT v. B.C. Srinivasa Setty

SC, 1981

No capital gains where cost cannot be conceived; led to "cost nil" provisions

Capital gains

Sanjeev Lal v. CIT

SC, 2014

Agreement to sell with advance can be the relevant date for reinvestment time limits

Section 82

CIT v. Madhur Housing and Development Co.

SC, 2017

Deemed dividend taxed in the hands of the shareholder, not the borrowing concern (question referred to a larger bench in 2018)

Deemed dividend

PCIT v. Maruti Suzuki India Ltd.

SC, 2019

Assessment on a company that ceased to exist on amalgamation is void

M&A

Engineering Analysis Centre of Excellence v. CIT

SC, 2021

Software licence payments to non-residents not royalty under treaties

International

Formula One World Championship Ltd. v. CIT

SC, 2017

A circuit at the disposal of the foreign enterprise was a fixed place PE

PE

DIT v. Morgan Stanley and Co. Inc.

SC, 2007

No further attribution to a PE where the Indian entity is paid at arm's length for all functions and risks

PE attribution

GE India Technology Centre v. CIT

SC, 2010

TDS on payments to non-residents only on sums chargeable to tax

Withholding

Hindustan Coca Cola Beverage v. CIT

SC, 2007

Tax cannot be recovered from deductor if payee has paid it; interest remains

TDS

CIT v. Kelvinator of India Ltd.

SC, 2010

No reopening on change of opinion; tangible material needed

Reassessment

GKN Driveshafts (India) Ltd. v. ITO

SC, 2002

Reasons for reopening to be given and objections decided

Reassessment

Union of India v. Ashish Agarwal

SC, 2022

Old procedure notices after 2021 treated as show cause under new procedure

Reassessment

CIT v. Ace Builders (P) Ltd.

Bom HC, 2005

Deeming of depreciable asset gains as short-term is limited to computation

Capital gains

UCO Bank v. CIT

SC, 1999

CBDT circulars bind tax authorities, including beneficial relaxations

Interpretation

CCE v. Ratan Melting and Wire Industries

SC, 2008

Circulars cannot override the statute and do not bind courts or taxpayers

Interpretation

Ram Prashad v. CIT

SC, 1972

Managing director may be an employee depending on control by the board

Salaries

Arun Kumar v. Union of India

SC, 2006

Perquisite valuation Rules upheld; perquisite is a benefit given by the employer

Salaries

CIT v. Eli Lilly and Co. (India) (P) Ltd.

SC, 2009

TDS on salary includes the portion paid abroad for services in India

Salary TDS

CIT v. Podar Cement (P) Ltd.

SC, 1997

Owner for house property is the person entitled to the income in his own right

House property

Sultan Brothers (P) Ltd. v. CIT

SC, 1964

Inseparable letting of building with other assets is not house property income

House property

Shambhu Investment (P) Ltd. v. CIT

SC, 2003

Rent from letting as primary object is house property income

House property

Chennai Properties and Investments Ltd. v. CIT

SC, 2015

Rent can be business income where letting is the main business

House property

Raj Dadarkar and Associates v. ACIT

SC, 2017

House property or business depends on facts of each case

House property

Taparia Tools Ltd. v. JCIT

SC, 2015

Deduction follows the Act, not the spreading in books

Business income

Palam Gas Service v. CIT

SC, 2017

TDS disallowance covers amounts paid as well as payable

Business income

CIT v. Alom Extrusions Ltd.

SC, 2009

Employer PF contribution paid by return due date allowed; curative amendment

Payment basis

CIT v. Smifs Securities Ltd.

SC, 2012

Goodwill depreciable under old law (reversed by Finance Act 2021)

Depreciation

CIT v. Balbir Singh Maini

SC, 2017

No transfer where JDA not executed; part performance needs registered agreement

Capital gains

CIT v. C.M. Kothari

SC, 1963

Cross gifts to spouses are clubbed as indirect transfers

Clubbing

CIT v. Lovely Exports (P) Ltd.

SC, 2008

Share money from named investors not company's income (pre-2012 law)

Unexplained credits

PCIT v. NRA Iron and Steel (P) Ltd.

SC, 2019

Company must prove identity, creditworthiness and genuineness of investors

Unexplained credits

CIT v. Raja Benoy Kumar Sahas Roy

SC, 1957

Agriculture requires basic operations on land

Agricultural income

Gowli Buddanna v. CIT

SC, 1966

Joint family property remains so with a sole surviving coparcener

HUF

Surjit Lal Chhabda v. CIT

SC, 1975

HUF can exist with one male member, wife and unmarried daughters

HUF

CIT v. Mansukh Dyeing and Printing Mills

SC, 2022

Revaluation credited to partners and withdrawn attracts capital gains in the firm

Firms

ACIT v. Ahmedabad Urban Development Authority

SC, 2022

General public utility entities lose exemption if business receipts exceed the limit

Non-profit organisations

New Noble Educational Society v. CCIT

SC, 2022

Educational institutions must exist solely for education

Non-profit organisations

The Mavilayi Service Co-operative Bank Ltd. v. CIT

SC, 2021

Exclusion of co-operative banks does not apply to credit societies lending to members

Co-operatives

Totgars Co-operative Sale Society Ltd. v. ITO

SC, 2010

Interest on surplus funds in commercial banks is taxable

Co-operatives

Apollo Tyres Ltd. v. CIT

SC, 2002

Book profit for MAT cannot be recomputed beyond specified adjustments

MAT

Marshall Sons and Co. (India) Ltd. v. ITO

SC, 1997

Amalgamation takes effect from the appointed date in the scheme

M&A

AO v. Nestle SA

SC, 2023

MFN clauses in treaties need a separate notification

International

ADIT v. E-Funds IT Solution Inc.

SC, 2017

Back-office subsidiary not a PE of the foreign parent

International

CIT v. Kotak Securities Ltd.

SC, 2016

Standard facilities available to all are not technical services

TDS

Ishikawajima-Harima Heavy Industries Ltd. v. DIT

SC, 2007

Territorial nexus for FTS; later overridden by amendment

International

Sony Ericsson Mobile Communications India (P) Ltd. v. CIT

Del HC, 2015

Bright line test for AMP rejected

Transfer pricing

Maruti Suzuki India Ltd. v. CIT

Del HC, 2015

AMP not an international transaction without an arrangement

Transfer pricing

CIT v. Glaxo SmithKline Asia (P) Ltd.

SC, 2010

Suggested domestic transfer pricing

Transfer pricing

Vodafone India Services (P) Ltd. v. Union of India

Bom HC, 2014

Issue of shares to foreign parent does not give rise to income

Transfer pricing

CIT v. Walfort Share and Stock Brokers (P) Ltd.

SC, 2010

Dividend stripping loss allowed before the specific rule

Anti-avoidance

CIT v. Biocon Ltd.

Kar HC, 2020

ESOP discount deductible as employee cost

Business income

Apex Laboratories (P) Ltd. v. DCIT

SC, 2022

Freebies to doctors not deductible

Business income

Union of India v. Rajeev Bansal

SC, 2024

Time limits for reassessment notices during the TOLA period

Reassessment

T.S. Balaram, ITO v. Volkart Brothers

SC, 1971

Mistake apparent must be obvious, not debatable

Rectification

Malabar Industrial Co. Ltd. v. CIT

SC, 2000

Revision needs order both erroneous and prejudicial to revenue

Revision

Pooran Mal v. Director of Inspection

SC, 1974

Seized material usable as evidence even if search irregular

Search

PCIT v. Abhisar Buildwell (P) Ltd.

SC, 2023

Completed assessments disturbed in search only on incriminating material

Search

CIT v. Kapurchand Shrimal

SC, 1981

Appellate powers co-terminous with the Assessing Officer

Appeals

Collector, Land Acquisition v. Mst. Katiji

SC, 1987

Liberal approach to condonation of delay

Appeals

PCIT v. LG Electronics India (P) Ltd.

SC, 2018

20% deposit for stay is not a rigid rule

Appeals

CIT v. Chhabil Dass Agarwal

SC, 2013

Writ not entertained where statutory appeal is available

Appeals

Union of India v. Tata Chemicals Ltd.

SC, 2014

Interest payable on refund of excess TDS

Refunds

CIT v. Reliance Petroproducts (P) Ltd.

SC, 2010

Unsustainable claim with full disclosure is not inaccurate particulars

Penalties

Union of India v. Dharmendra Textile Processors

SC, 2008

Civil penalties do not need mens rea

Penalties

Sasi Enterprises v. ACIT

SC, 2014

Prosecution for non-filing can proceed despite pending assessment

Prosecution

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