TaxSaral

Judicial Precedent

Landmark Case Laws

Leading judgments set out in full — the facts, how the matter reached the court, the arguments on both sides, the reasoning, and the principles established. Every case is mapped from the Income Tax Act 1961 provision it was decided under to the corresponding section of the Income Tax Act 2025, with a note on how far the principle still holds under the new Act.

112

Judgments covered

12

Subject areas

6

Courts represented

Capital Gains 17Charitable Trusts & NPOs 12Transfer Pricing 10International Tax 21Business & Profession 16Assessment & Reassessment 12TDS & TCS 7Penalties 4Cash Credits & Unexplained Income 3General Principles 2Trusts, Funds & Pass-Through Vehicles 5GAAR & Anti-Avoidance 3

Showing 112 of 112 judgments

Capital GainsSupreme Court2025

PCIT v. Jupiter Capital Pvt Ltd

(2025) 302 Taxman 3 (SC)

Decided underSections 2(47) & 45nowSection 2 (definition of transfer); Section 67

Held: Yes. Reduction of capital extinguishes the shareholder's rights in the shares cancelled, and that extinguishment is a transfer. The resulting loss is a capital loss available for set off.

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International TaxSupreme Court2025

Hyatt International Southwest Asia Ltd v. ADIT

Supreme Court (2025)

Decided underSections 9 & 90nowSections 9 & 159

Held: Yes on both counts. Continuous and pervasive operational control exercised through the hotel premises establishes a fixed place permanent establishment, and attribution to a profitable Indian establishment does not depend on the global profitability of the enterprise.

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International TaxDelhi High Court2024

Tiger Global International II Holdings v. Authority for Advance Rulings

(2024) 464 ITR 1 (Del)

Decided underSections 9(1)(i), 90 & 96nowSections 9, 159 & 178

Held: No. Grandfathering under the protocol protects investments acquired before the cut-off date and cannot be withheld by characterising the structure as designed for treaty benefit. A valid residency certificate cannot be brushed aside, and avoidance must be established through the proper statutory route.

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GAAR & Anti-AvoidanceTelangana High Court2024

Ayodhya Rami Reddy Alla v. PCIT

Telangana High Court (2024)

Decided underSections 95 to 102 and 94(8)nowSections 178, 181, 183, 184 and 175

Held: Yes to the first and no to the second. A specific anti-avoidance provision does not oust the general rule; where the specific provision does not cover the arrangement, the general rule may still apply. The statutory process must run its course before the court will interfere.

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Transfer PricingSupreme Court2023

SAP Labs India Pvt Ltd v. Income Tax Officer

(2023) 454 ITR 121 (SC)

Decided underSections 92C & 92CAnowSections 165 & 166

Held: High Courts can and must examine whether the arm's length price was determined in accordance with the statute and the Rules. Transfer pricing appeals are not immune from scrutiny merely because they involve comparables.

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International TaxSupreme Court2023

Assessing Officer v. Nestle SA

(2023) 458 ITR 756 (SC)

Decided underSection 90nowSection 159

Held: A separate notification under Section 90(1) is required. The MFN clause is not self-operational, and the third country must have been a member of the OECD at the time the treaty with India was entered into.

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International TaxDelhi High Court2023

Blackstone Capital Partners (Singapore) VI FDI Three Pte Ltd v. ACIT

(2023) 452 ITR 111 (Del)

Decided underSections 90 & 147nowSections 159 & 279

Held: No. A validly issued residency certificate is sufficient evidence of residence, beneficial ownership and legal ownership for treaty purposes, and reassessment cannot be founded on looking behind it.

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Assessment & ReassessmentSupreme Court2023

PCIT v. Abhisar Buildwell Pvt Ltd

(2023) 454 ITR 212 (SC)

Decided underSections 153A & 147nowSections 285 & 279

Held: No. For completed or unabated assessments, additions must rest on incriminating material found in the search. The Revenue's remedy in such cases is to reopen under the reassessment provisions, if otherwise available.

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Charitable Trusts & NPOsSupreme Court2022

ACIT (Exemptions) v. Ahmedabad Urban Development Authority

(2022) 449 ITR 1 (SC)

Decided underSections 2(15), 11 & 13nowSections 346 & 355

Held: A GPU charity may charge fees and generate surplus, but only where the activity is undertaken in the actual course of advancing its object and the receipts stay within the statutory quantitative ceiling. Charging a markedly higher-than-cost price indicates business.

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Charitable Trusts & NPOsSupreme Court2022

New Noble Educational Society v. Chief CIT

(2022) 448 ITR 594 (SC)

Decided underSections 10(23C)(vi) & 11nowSections 332 & 335

Held: 'Solely' means exclusively. An institution with objects extending beyond education does not qualify, even if education is its predominant activity. Compliance with applicable state and regulatory law is also relevant to approval.

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Business & ProfessionSupreme Court2022

Checkmate Services Pvt Ltd v. CIT

(2022) 448 ITR 518 (SC)

Decided underSections 36(1)(va) & 43BnowSections 29 & 37

Held: No. Employees' contributions are held in trust by the employer and must be deposited by the due date under the governing welfare legislation. The relaxation for payments made before the return due date applies only to the employer's own contributions.

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Assessment & ReassessmentSupreme Court2022

Union of India v. Ashish Agarwal

(2022) 444 ITR 1 (SC)

Decided underSections 147, 148 & 148AnowSections 279, 280 & 281

Held: Rather than quash them, the notices are deemed to be notices under the new inquiry provision. The Revenue must supply the underlying material and follow the new procedure, and the taxpayer's objections are preserved.

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Assessment & ReassessmentSupreme Court2022

PCIT v. Mahagun Realtors Pvt Ltd

(2022) 443 ITR 194 (SC)

Decided underSections 143(3) & 170nowAssessment provisions; succession on amalgamation

Held: No. The invalidity rule is not absolute. Where the amalgamation was concealed, returns were filed in the old name and the conduct of the assessee contributed to the error, the assessment is not void.

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Capital GainsSupreme Court2022

CIT v. Mansukh Dyeing and Printing Mills

(2022) 449 ITR 439 (SC)

Decided underSection 45(4)nowSection 67

Held: Yes. Crediting the revaluation surplus to partners' capital accounts, which they are then entitled to draw, amounts to a distribution of assets and attracts the charge — even though no asset physically leaves the firm.

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International TaxSupreme Court2021

Engineering Analysis Centre of Excellence Pvt Ltd v. CIT

(2021) 432 ITR 471 (SC)

Decided underSections 9(1)(vi), 90 & 195nowSections 9, 159 & 393

Held: No. What is transferred is a copyrighted article, not a right in the copyright. Such payments are business profits, not royalty, under the relevant treaties, and no tax need be withheld where the non-resident has no permanent establishment in India.

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Business & ProfessionSupreme Court2021

South Indian Bank Ltd v. CIT

(2021) 438 ITR 1 (SC)

Decided underSection 14AnowSection 14

Held: No. A presumption arises that the investments were made out of the taxpayer's own funds where those funds exceed the investments, and proportionate disallowance of interest is not warranted.

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International TaxSupreme Court2020

Union of India v. UAE Exchange Centre

(2020) 425 ITR 30 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: No. The activity was preparatory or auxiliary in character and fell within the exclusion in the treaty. No part of the business profits was therefore taxable in India.

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International TaxSupreme Court2020

DIT v. Samsung Heavy Industries Co Ltd

(2020) 426 ITR 1 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: No. The burden is on the Revenue to show that the office carried on the core business rather than acting as a communication channel. Attribution must reflect the functions actually performed in India.

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Business & ProfessionSupreme Court2020

Shree Choudhary Transport Co v. ITO

(2020) 426 ITR 289 (SC)

Decided underSection 40(a)(ia)nowSection 35

Held: It applies to both. The provision covers sums on which tax was deductible and was not deducted, whether or not they remain outstanding at the close of the year.

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Assessment & ReassessmentSupreme Court2020

New Delhi Television Ltd v. DCIT

(2020) 424 ITR 607 (SC)

Decided underSections 147, 148 & 149nowSections 279, 280 & 282

Held: No. The taxpayer must be told the provision and the basis on which the extended period is invoked. A notice cannot be sustained on a ground never put to the taxpayer, though on the facts the reopening survived within the ordinary period.

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Assessment & ReassessmentSupreme Court2019

PCIT v. Maruti Suzuki India Ltd

(2019) 416 ITR 613 (SC)

Decided underSections 143(3) & 170nowAssessment provisions; succession on amalgamation

Held: No. An assessment on a non-existent entity is a jurisdictional defect that goes to the root of the matter. It is void, and cannot be cured as a mere procedural irregularity.

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Cash Credits & Unexplained IncomeSupreme Court2019

PCIT v. NRA Iron & Steel Pvt Ltd

(2019) 412 ITR 161 (SC)

Decided underSection 68nowSection 102

Held: Identity alone is not enough. The company must establish the identity of the investors, their creditworthiness, and the genuineness of the transaction. Where investors are non-existent or lack means, the credits may be assessed as the company's income.

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Transfer PricingDelhi High Court2018

PCIT v. Kusum Health Care Pvt Ltd

(2018) 99 taxmann.com 431 (Del)

Decided underSections 92B & 92CnowSections 163 & 165

Held: No. Where the working capital position is already factored into the margins of the tested party, a further adjustment for outstanding receivables amounts to double counting.

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International TaxSupreme Court2018

ADIT v. E-Funds IT Solution Inc

(2018) 399 ITR 34 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: No. A permanent establishment requires a fixed place at the foreign enterprise's disposal through which it carries on its own business. Close commercial dependence between group companies does not by itself create one.

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Business & ProfessionSupreme Court2018

Maxopp Investment Ltd v. CIT

(2018) 402 ITR 640 (SC)

Decided underSection 14AnowSection 14

Held: No. The dominant purpose of holding the shares is irrelevant. Once exempt dividend income is in fact earned, expenditure relatable to it must be disallowed. The disallowance must, however, be computed on a proper basis with recorded satisfaction.

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Charitable Trusts & NPOsSupreme Court2018

CIT v. Rajasthan & Gujarati Charitable Foundation

(2018) 402 ITR 441 (SC)

Decided underSections 11 & 32nowSections 335, 341 & 33

Held: Yes, on the law as it stood. Claiming the acquisition cost as application and claiming depreciation are not double deduction: the first determines whether income was applied in the year of acquisition, the second is a step in computing income in later years.

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Capital GainsSupreme Court2017

CIT v. Balbir Singh Maini

(2017) 398 ITR 531 (SC)

Decided underSections 2(47)(v) & 45nowSection 2 (definition of transfer); Section 67

Held: No. After the 2001 amendment to the Registration Act, an unregistered agreement has no effect in law for the purposes of Section 53A of the Transfer of Property Act. There is therefore no transfer, and no capital gain arises.

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International TaxSupreme Court2017

Formula One World Championship Ltd v. CIT

(2017) 394 ITR 80 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: Yes. The circuit was at the company's disposal and its commercially significant activity was carried on through it. A permanent establishment does not require a long or continuous presence where the activity is by nature short and recurring.

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Business & ProfessionSupreme Court2017

Godrej & Boyce Manufacturing Co Ltd v. DCIT

(2017) 394 ITR 449 (SC)

Decided underSection 14AnowSection 14

Held: The disallowance applies, because the dividend is exempt in the shareholder's hands whatever tax the company has paid. The prescribed method operates prospectively, and before it the Assessing Officer must determine the disallowance on a reasonable basis.

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International TaxSupreme Court2017

DIT v. A.P. Moller Maersk A/S

(2017) 392 ITR 186 (SC)

Decided underSections 9(1)(vi), 9(1)(vii) & 90nowSections 9 & 159

Held: No. A pro-rata recovery of the actual cost of a shared facility, without any mark-up or profit element, is a reimbursement and not income. It is neither royalty nor a fee for technical services.

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Transfer PricingDelhi High Court2016

Maruti Suzuki India Ltd v. CIT

(2016) 381 ITR 117 (Del)

Decided underSections 92B & 92CnowSections 163 & 165

Held: No. The existence of an international transaction must be established as a fact before any pricing exercise begins. It cannot be inferred merely because the Indian entity's marketing expenditure is high.

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TDS & TCSSupreme Court2016

ITC Ltd v. CIT (TDS)

(2016) 384 ITR 14 (SC)

Decided underSections 15, 17 & 192nowSections 15, 16, 18 & 392

Held: No. Tips are payments voluntarily made by customers, not by the employer, and do not arise from the contract of employment. They are not salary, so the withholding obligation on salary is not attracted. The employer acts only as a conduit.

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International TaxDelhi High Court2016

DIT v. New Skies Satellite BV

(2016) 382 ITR 114 (Del)

Decided underSections 9(1)(vi) & 90nowSections 9 & 159

Held: No. A treaty is a bilateral instrument and its terms cannot be amended by unilateral domestic legislation. Where the treaty definition is narrower, it prevails regardless of a later domestic expansion.

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Assessment & ReassessmentSupreme Court2016

CIT v. Amitabh Bachchan

(2016) 384 ITR 200 (SC)

Decided underSection 263nowSection 377

Held: The Commissioner is not confined to the grounds in the notice and may consider other aspects that emerge, provided the assessee is given a reasonable opportunity of being heard on them. What is required is opportunity, not a separate notice for every ground.

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Capital GainsSupreme Court2015

Fibre Boards (P) Ltd v. CIT

(2015) 376 ITR 596 (SC)

Decided underSection 54GnowSection 87

Held: Advances paid towards the purchase of land, building and plant amount to utilisation of the capital gain. Completion of the purchase within the period is not required.

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Charitable Trusts & NPOsSupreme Court2015

Queen's Educational Society v. CIT

(2015) 372 ITR 699 (SC)

Decided underSection 10(23C)(iiiad)nowSections 332 & 335

Held: No. Where the surplus arises incidentally and is ploughed back into the educational activity, the institution does not exist for profit. Generating a surplus is not the same as having a profit motive.

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Transfer PricingDelhi High Court2015

Sony Ericsson Mobile Communications India Pvt Ltd v. CIT

(2015) 374 ITR 118 (Del)

Decided underSections 92B & 92CnowSections 163 & 165

Held: The bright line test has no statutory basis and cannot be used to carve out a notional international transaction. Where the distributor is adequately compensated overall, no separate adjustment for marketing spend is warranted.

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Transfer PricingBombay High Court2015

CIT v. Tata Autocomp Systems Ltd

(2015) 374 ITR 516 (Bom)

Decided underSections 92B & 92CnowSections 163 & 165

Held: The rate prevailing where the loan is received and used. Benchmarking a foreign currency loan against Indian rupee lending rates is inappropriate, because the two are not comparable.

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Business & ProfessionSupreme Court2015

Taparia Tools Ltd v. JCIT

(2015) 372 ITR 605 (SC)

Decided underSections 36(1)(iii) & 37(1)nowSections 32 & 34

Held: No. Where the liability has been incurred and the sum actually paid in the year, the whole of it is deductible in that year. The treatment adopted in the books does not govern, and there is no concept of deferred revenue expenditure in the Act absent a specific provision.

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TDS & TCSSupreme Court2015

CIT v. Japan Airlines Co Ltd

(2015) 377 ITR 372 (SC)

Decided underSection 194-InowSection 393

Held: They are rent. The definition of rent in the withholding provision is very wide and covers any payment for the use of land, whatever the arrangement is called and whether or not the payee owns the property.

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Transfer PricingDelhi High Court2015

CIT v. Cotton Naturals (I) Pvt Ltd

(2015) 276 CTR 445 (Del)

Decided underSections 92B & 92CnowSections 163 & 165

Held: The currency in which the loan is denominated and repayable. The interest rate applicable to that currency in the borrower's market governs, and the lender's domestic rates are irrelevant.

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Trusts, Funds & Pass-Through VehiclesKarnataka High Court2015

CIT v. India Advantage Fund-VII

Karnataka High Court (2015)

Decided underSections 10(23FB), 115U, 161 & 164nowSections 222, 304 & 307

Held: Yes. Where the contributors and their proportionate interests can be ascertained, the trust is determinate. Income is assessable in the contributors' hands and the fund is not chargeable at the maximum marginal rate.

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Capital GainsSupreme Court2014

Sanjeev Lal v. CIT

(2014) 365 ITR 389 (SC)

Decided underSections 2(47) & 54nowSection 2 (definition of transfer); Section 82

Held: The agreement to sell itself created a right in favour of the buyer and extinguished a corresponding right of the seller. That date can be treated as the date of transfer for applying the Section 54 time limit.

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Charitable Trusts & NPOsSupreme Court2014

CIT v. Dawoodi Bohara Jamat

(2014) 364 ITR 31 (SC)

Decided underSections 12AA & 13(1)(b)nowSections 332 & 351

Held: No. A composite religious and charitable trust is entitled to registration. The restriction concerning benefit to a particular community goes to the allowance of exemption at assessment, not to the grant of registration.

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Transfer PricingBombay High Court2014

Vodafone India Services Pvt Ltd v. Union of India

(2014) 368 ITR 1 (Bom)

Decided underSections 92 & 92BnowSections 161 & 163

Held: No. The issue of shares at a premium is a capital account transaction that gives rise to no income. Transfer pricing provisions are machinery for computing income and cannot create income where none arises.

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Transfer PricingDelhi High Court2014

Li & Fung India Pvt Ltd v. CIT

(2014) 361 ITR 85 (Del)

Decided underSection 92CnowSection 165

Held: No. The mark-up must be applied to the taxpayer's own cost base. Costs not incurred by the taxpayer, and risks it does not assume, cannot be brought into the computation.

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TDS & TCSSupreme Court2014

Union of India v. Tata Chemicals Ltd

(2014) 363 ITR 658 (SC)

Decided underSections 195, 240 & 244AnowSections 393 & 437

Held: Yes. The State, having received and retained money without right, must refund it with interest. Interest under Section 244A is payable to the deductor from the date the tax was paid to the date of refund.

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Transfer PricingDelhi High Court2014

CIT v. Cushman and Wakefield (India) Pvt Ltd

(2014) 367 ITR 730 (Del)

Decided underSections 37(1), 92C & 92CAnowSections 34, 165 & 166

Held: No to both. The officer's role is to price the transaction, not to decide whether the expenditure should be allowed. Deductibility is for the Assessing Officer to determine separately under the ordinary provisions.

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General PrinciplesSupreme Court2014

CIT v. Vatika Township Pvt Ltd

(2014) 367 ITR 466 (SC)

Decided underPrinciple of statutory interpretation — applies across the ActnowApplies across the IT Act 2025

Held: The presumption is against retrospectivity. An amendment imposing a new burden operates prospectively unless the legislature clearly provides otherwise; only a clarificatory or beneficial provision that creates no new liability may be applied to earlier periods.

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International TaxDelhi High Court2014

DIT v. Copal Research Ltd

(2014) 371 ITR 114 (Del)

Decided underSection 9(1)(i)nowSection 9

Held: Only where the Indian element is substantial. Shares must derive their value substantially from assets in India, which the Court read as requiring the Indian assets to represent at least half of the total value.

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International TaxDelhi High Court2014

Linde AG v. DIT

(2014) 365 ITR 1 (Del)

Decided underSections 2(31), 4 & 9nowSections 2, 4 & 9

Held: No, where the scope of work, responsibilities and remuneration of each member are separate and each bears its own risk and earns its own profit. A joint bid and joint liability to the customer do not by themselves create an association of persons.

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Business & ProfessionSupreme Court2013

CIT v. Excel Industries Ltd

(2013) 358 ITR 295 (SC)

Decided underSections 28 & 145nowSections 26 & 272

Held: In the year of utilisation. Income accrues only when a right to receive it becomes vested and enforceable; until the licence is used, the benefit is contingent and no real income has arisen.

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PenaltiesSupreme Court2013

MAK Data P Ltd v. CIT

(2013) 358 ITR 593 (SC)

Decided underSection 271(1)(c)nowSections 439 & 440

Held: No. A surrender made after the Revenue has confronted the taxpayer with incriminating material is not voluntary. The statutory presumption applies unless the taxpayer offers a bona fide explanation, and a plea of buying peace is not such an explanation.

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International TaxAndhra Pradesh High Court2013

Sanofi Pasteur Holding SA v. Department of Revenue

(2013) 354 ITR 316 (AP)

Decided underSections 9(1)(i) & 90nowSections 9 & 159

Held: Not taxable in India. Under the treaty, gains from the alienation of shares are taxable only in the state of residence of the transferor. A genuine holding company with real investment purpose is not a device, and retrospective domestic amendments cannot override a treaty.

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Capital GainsSupreme Court2012

Vodafone International Holdings BV v. Union of India

(2012) 341 ITR 1 (SC)

Decided underSections 9(1)(i) & 45nowSections 9 & 67

Held: On the law as it then stood, no. The transaction was a bona fide offshore transfer of a foreign company's shares, and the Indian authorities had no jurisdiction to tax it.

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Transfer PricingDelhi High Court2012

CIT v. EKL Appliances Ltd

(2012) 345 ITR 241 (Del)

Decided underSections 92C & 92CAnowSections 165 & 166

Held: No. The officer's mandate is to determine the price of the transaction, not to sit in judgment on whether the taxpayer should have entered into it. Commercial expediency is for the businessman to decide.

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PenaltiesSupreme Court2012

Price Waterhouse Coopers Pvt Ltd v. CIT

(2012) 348 ITR 306 (SC)

Decided underSection 271(1)(c)nowSections 439 & 440

Held: No. Where the error is inadvertent and the correct position is apparent from the audited accounts and the tax audit report filed with the return, the mistake is bona fide and penalty is not warranted.

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TDS & TCSSupreme Court2011

CIT v. Bharti Cellular Ltd

(2011) 330 ITR 239 (SC)

Decided underSections 194J & 9(1)(vii)nowSections 393 & 9

Held: Technical services connote a human element. Where a facility operates automatically without human intervention, the payment is for the use of a facility rather than for technical services — but the question requires expert evidence on the facts.

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International TaxSupreme Court2011

GVK Industries Ltd v. ITO

(2011) 332 ITR 130 (SC)

Decided underSection 9(1)(vii)nowSection 9

Held: Parliament may legislate in respect of extra-territorial acts provided there is a real connection with India. A success fee for advisory services used in an Indian project has such a connection and is taxable as fees for technical services.

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International TaxSupreme Court2010

GE India Technology Centre Pvt Ltd v. CIT

(2010) 327 ITR 456 (SC)

Decided underSection 195nowSection 393

Held: Only where the sum is chargeable to tax. The obligation to withhold arises on 'any sum chargeable under the provisions of this Act', and the words cannot be read out of the section.

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Assessment & ReassessmentSupreme Court2010

CIT v. Kelvinator of India Ltd

(2010) 320 ITR 561 (SC)

Decided underSections 147 & 148nowSections 279 & 280

Held: No. Reopening requires tangible material indicating escapement of income. A mere change of opinion confers no power to reassess, which would amount to a power of review the statute does not grant.

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PenaltiesSupreme Court2010

CIT v. Reliance Petroproducts Pvt Ltd

(2010) 322 ITR 158 (SC)

Decided underSection 271(1)(c)nowSections 439 & 440

Held: No. A claim that is not sustainable in law does not amount to furnishing inaccurate particulars. Penalty requires the particulars supplied to be inaccurate — a wrong claim, fully disclosed, is not the same thing.

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GAAR & Anti-AvoidanceSupreme Court2010

CIT v. Walfort Share and Stock Brokers P Ltd

(2010) 326 ITR 1 (SC)

Decided underSections 14A & 94(7)nowSections 14 & 175

Held: No. The loss was real and arose on an actual transaction. The disallowance for expenditure relating to exempt income does not reach a loss on sale, and the court will not supply an anti-avoidance provision the legislature has not enacted.

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Business & ProfessionSupreme Court2009

CIT v. Woodward Governor India (P) Ltd

(2009) 312 ITR 254 (SC)

Decided underSections 37(1) & 43AnowSections 34, 42 & 43

Held: Deductible, where the liability is on revenue account. Under the mercantile system a loss arising from restating a revenue liability at the closing rate is an accrued liability, not a contingent one, and realisation is not a precondition.

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Business & ProfessionSupreme Court2009

Rotork Controls India (P) Ltd v. CIT

(2009) 314 ITR 62 (SC)

Decided underSection 37(1)nowSection 34

Held: Allowable, where it is based on a reliable estimate grounded in historical experience. A warranty provision meets the recognition tests for a liability; a provision made on an ad hoc or arbitrary basis does not.

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Business & ProfessionSupreme Court2009

CIT v. Alom Extrusions Ltd

(2009) 319 ITR 306 (SC)

Decided underSection 43BnowSection 37

Held: Yes to both. The employer's contribution is deductible if paid by the return due date, and the amendment deleting the restrictive proviso is curative and applies retrospectively.

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TDS & TCSSupreme Court2009

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

(2009) 312 ITR 225 (SC)

Decided underSections 192 & 201nowSections 392 & 399

Held: Yes, where the payment abroad is for services rendered in India. The withholding obligation attaches to the salary as a whole, not merely to the component routed through the Indian payroll.

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Charitable Trusts & NPOsSupreme Court2008

American Hotel & Lodging Association Educational Institute v. CBDT

(2008) 301 ITR 86 (SC)

Decided underSection 10(23C)(vi)nowSections 332 & 348

Held: At the threshold the authority examines the objects and the genuineness of the institution. Application of income is a matter for monitoring afterwards through the statutory conditions, not a ground for refusing approval at the outset.

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PenaltiesSupreme Court2008

Union of India v. Dharamendra Textile Processors

(2008) 306 ITR 277 (SC)

Decided underSection 271(1)(c)nowSections 439 & 440

Held: The liability is civil. Penalty is a statutory consequence of the conditions in the provision being met, and mens rea in the criminal sense need not be established.

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Business & ProfessionSupreme Court2007

S.A. Builders Ltd v. CIT (Appeals)

(2007) 288 ITR 1 (SC)

Decided underSection 36(1)(iii)nowSection 32

Held: Yes, if the advance was made as a measure of commercial expediency. The test is whether the funds were advanced for the assessee's own business purposes, not whether the assessee earned a direct return.

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TDS & TCSSupreme Court2007

Hindustan Coca Cola Beverage (P) Ltd v. CIT

(2007) 293 ITR 226 (SC)

Decided underSections 194-I & 201nowSections 393 & 399

Held: No. Once the recipient has discharged the tax on the income, the same tax cannot be collected a second time from the deductor. The deductor remains liable for interest for the period of default and for any penalty.

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International TaxSupreme Court2007

Ishikawajima-Harima Heavy Industries Ltd v. DIT

(2007) 288 ITR 408 (SC)

Decided underSections 9(1)(vii) & 5nowSections 9 & 5

Held: No. Territorial nexus is essential. Offshore supply where title passes outside India, and services rendered wholly outside India, are not chargeable merely because the project is located in India or the payment is made by an Indian party.

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International TaxSupreme Court2007

DIT v. Morgan Stanley & Co Inc

(2007) 292 ITR 416 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: Outsourcing to a captive performing support functions does not create a fixed place or agency permanent establishment, though deputation of the parent's employees can create a service permanent establishment. Where the captive is remunerated at arm's length, nothing further is attributable.

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International TaxSupreme Court2007

CIT v. Hyundai Heavy Industries Co Ltd

(2007) 291 ITR 482 (SC)

Decided underSections 9 & 90nowSections 9 & 159

Held: No. A permanent establishment cannot be attributed profits from activities completed before it came into existence. Only the income arising from the Indian installation activity is taxable, computed as though the permanent establishment were a distinct enterprise.

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Assessment & ReassessmentSupreme Court2007

ACIT v. Rajesh Jhaveri Stock Brokers (P) Ltd

(2007) 291 ITR 500 (SC)

Decided underSections 143(1) & 147nowSections 277 & 279

Held: No. An intimation on summary processing is not an assessment and involves no formation of opinion, so there is no opinion capable of being changed. Reopening remains subject to the reason to believe requirement.

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Charitable Trusts & NPOsSupreme Court2007

CIT v. Gujarat Maritime Board

(2007) 295 ITR 561 (SC)

Decided underSections 2(15) & 12AnowSections 332, 346 & 355

Held: Yes. Developing and managing ports for the benefit of trade and the public is an object of general public utility, and a body whose income is statutorily committed to those purposes and cannot be distributed qualifies.

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Capital GainsBombay High Court2006

CIT v. Ace Builders (P) Ltd

(2006) 281 ITR 210 (Bom)

Decided underSections 50 & 54ECnowSections 74 & 85

Held: Yes. Section 50 creates a deeming fiction only for the purpose of computation. It does not convert a long-term asset into a short-term one for every purpose of the Act, so the exemption remains available.

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Capital GainsSupreme Court2005

CIT v. D.P. Sandu Bros Chembur (P) Ltd

(2005) 273 ITR 1 (SC)

Decided underSections 45 & 55; Section 56nowSections 67 & 90

Held: A tenancy right is a capital asset, so the consideration falls to be dealt with under the capital gains provisions. If it is not chargeable there, it cannot be assessed under the residuary head instead.

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International TaxSupreme Court2005

Tata Consultancy Services v. State of Andhra Pradesh

(2005) 271 ITR 401 (SC)

Decided underAndhra Pradesh General Sales Tax Act — applied to Sections 9(1)(vi) & 90nowSections 9 & 159 (by application)

Held: Canned software sold off the shelf is goods. Once a programme is put on a medium and marketed, it becomes a marketable commodity capable of being bought, sold, transmitted and stored, notwithstanding that copyright subsists in the underlying programme.

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Capital GainsBombay High Court2003

Chaturbhuj Dwarkadas Kapadia v. CIT

(2003) 260 ITR 491 (Bom)

Decided underSection 2(47)(v)nowSection 2 (definition of transfer); Section 67

Held: Transfer occurs in the year in which the developer becomes willing to perform its part of the contract and possession is handed over in part performance, even if the conveyance is executed later.

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International TaxSupreme Court2003

Union of India v. Azadi Bachao Andolan

(2003) 263 ITR 706 (SC)

Decided underSection 90nowSection 159

Held: The certificate is to be accepted as evidence of residence for treaty purposes. Treaty shopping is not by itself unlawful, and a treaty benefit cannot be denied merely because the structure was chosen for its tax advantages.

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Assessment & ReassessmentSupreme Court2003

GKN Driveshafts (India) Ltd v. ITO

(2003) 259 ITR 19 (SC)

Decided underSections 147 & 148nowSections 279 & 280

Held: On receiving a notice the taxpayer may seek the reasons recorded, which the officer is bound to furnish. The taxpayer may then file objections, and the officer must dispose of them by a speaking order before proceeding with the reassessment.

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Charitable Trusts & NPOsSupreme Court2001

CIT v. Thanthi Trust

(2001) 247 ITR 785 (SC)

Decided underSections 11(4) & 11(4A)nowSection 344

Held: Yes. Where the business is held under trust, or is incidental to attaining the trust's objectives, and separate books are maintained, the income is eligible for exemption provided it is applied to the charitable purpose.

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Charitable Trusts & NPOsSupreme Court2001

CIT v. Programme for Community Organisation

(2001) 248 ITR 1 (SC)

Decided underSection 11(1)(a)nowSections 341 & 342

Held: On gross receipts. The trust is entitled to accumulate the statutory percentage of the total income derived from property held under trust, not of the balance left over.

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Capital GainsSupreme Court2001

CIT v. Grace Collis

(2001) 248 ITR 323 (SC)

Decided underSections 2(47) & 45nowSection 2 (definition of transfer); Section 67

Held: Extinguishment is an independent limb. Rights in a capital asset may be extinguished without any corresponding transfer to another person, and such extinguishment is itself a transfer for capital gains purposes.

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Business & ProfessionSupreme Court2000

Bharat Earth Movers v. CIT

(2000) 245 ITR 428 (SC)

Decided underSection 37(1)nowSection 34

Held: Yes. A liability that has definitely arisen in the year is deductible even though it will be discharged in future and its quantification requires estimation. Only a contingent liability is excluded.

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Assessment & ReassessmentSupreme Court2000

Malabar Industrial Co Ltd v. CIT

(2000) 243 ITR 83 (SC)

Decided underSection 263nowSection 377

Held: Both conditions must be satisfied cumulatively. The order must be erroneous and prejudicial to the interests of the Revenue. Where the officer has taken one of two views permissible in law, the order is not erroneous merely because the Commissioner prefers the other.

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TDS & TCSSupreme Court1999

Transmission Corporation of AP Ltd v. CIT

(1999) 239 ITR 587 (SC)

Decided underSections 195 & 195(2)nowSection 393

Held: Withholding attaches to the sum chargeable, and where a payment is composite the payer must apply to the Assessing Officer for a determination of the appropriate proportion rather than deciding unilaterally.

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Business & ProfessionSupreme Court1998

Tata Iron & Steel Co Ltd v. CIT

(1998) 231 ITR 285 (SC)

Decided underSections 43(1) & 43AnowSections 39 & 42

Held: No. The cost of an asset and the manner in which the purchase price is raised and repaid are two distinct matters. Fluctuation in the exchange rate on repaying the loan does not alter the actual cost of the asset.

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Business & ProfessionSupreme Court1997

Madras Industrial Investment Corporation Ltd v. CIT

(1997) 225 ITR 802 (SC)

Decided underSections 37(1) & 145nowSections 34 & 272

Held: It must be spread. The discount is the price of obtaining the use of money over the debenture's term, so the liability is to be allocated over that period rather than deducted entirely in the year of issue.

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Trusts, Funds & Pass-Through VehiclesSupreme Court1996

ITO v. Ch. Atchaiah

(1996) 218 ITR 239 (SC)

Decided underSections 4 & 160nowSections 4 & 303

Held: No. Under the 1961 Act the Assessing Officer must tax the right person, and only the right person. The option that existed under the 1922 Act was deliberately removed, so an assessment on the wrong person is not saved by the availability of an alternative.

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Cash Credits & Unexplained IncomeSupreme Court1995

Sumati Dayal v. CIT

(1995) 214 ITR 801 (SC)

Decided underSection 68nowSection 102

Held: Yes. The taxing authorities are entitled to look at the surrounding circumstances and apply the test of human probabilities, and are not obliged to accept an explanation merely because it is supported by documents.

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Trusts, Funds & Pass-Through VehiclesSupreme Court1994

CIT v. Kamalini Khatau

(1994) 209 ITR 101 (SC)

Decided underSections 161 & 164nowSections 304 & 307

Held: The Revenue may assess either. Where income of a discretionary trust has in fact been distributed to a beneficiary, it may be assessed in that beneficiary's hands, and the provision charging the trustee does not confer immunity on the recipient.

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General PrinciplesSupreme Court1992

Radhasoami Satsang v. CIT

(1992) 193 ITR 321 (SC)

Decided underPrinciple of consistency — applies across the ActnowApplies across the IT Act 2025

Held: Ordinarily not. Although each assessment year is a separate unit and res judicata does not strictly apply, a fundamental aspect permeating different years that has been accepted should not be changed absent a material alteration in facts or law.

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Capital GainsSupreme Court1991

Vania Silk Mills (P) Ltd v. CIT

(1991) 191 ITR 647 (SC)

Decided underSections 2(47) & 45nowSection 2 (definition of transfer); Section 67

Held: No, on the law as it then stood. Destruction of an asset is not a transfer; the asset ceases to exist rather than passing to anyone, and insurance money is paid under the policy rather than as consideration for a transfer.

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Trusts, Funds & Pass-Through VehiclesBombay High Court1990

Marsons Beneficiary Trust v. CIT

(1990) 188 ITR 224 (Bom)

Decided underSections 161 & 164nowSections 304 & 307

Held: A trust is determinate where the beneficiaries and their shares are capable of being ascertained from the trust deed at the date it takes effect. It is not necessary that they be named, nor that the shares be quantified in money terms.

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Capital GainsSupreme Court1985

Sunil Siddharthbhai v. CIT

(1985) 156 ITR 509 (SC)

Decided underSections 45 & 48nowSections 67 & 72

Held: A transfer does occur, but on the law as it then stood the consideration was not ascertainable — the credit to the capital account is a notional figure whose real worth depends on future events — so no computable gain arose.

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GAAR & Anti-AvoidanceSupreme Court1985

McDowell & Co Ltd v. Commercial Tax Officer

(1985) 154 ITR 148 (SC)

Decided underPrinciple concerning tax avoidance — applies across the ActnowApplies across the IT Act 2025

Held: Legitimate tax planning within the law is permissible, but colourable devices and dubious methods adopted to avoid tax are not. The substance of an arrangement may be examined rather than accepting its form.

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Capital GainsSupreme Court1981

CIT v. B.C. Srinivasa Setty

(1981) 128 ITR 294 (SC)

Decided underSections 45 & 48nowSections 67 & 72

Held: No. The charging section and the computation provisions together form an integrated code. Where the computation provision cannot apply because no cost of acquisition is identifiable, the charge itself fails.

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Capital GainsSupreme Court1981

K.P. Varghese v. Income Tax Officer

(1981) 131 ITR 597 (SC)

Decided underSection 52(2) (since omitted); relevant to Section 50CnowSections 72, 78 & 91

Held: No. The burden lies on the Revenue to establish that the consideration was in fact understated. A provision aimed at tax evasion cannot be turned on an honest transaction merely because market value exceeds the stated price.

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Charitable Trusts & NPOsSupreme Court1980

CIT v. Surat Art Silk Cloth Manufacturers Association

(1980) 121 ITR 1 (SC)

Decided underSection 2(15)nowSections 346 & 355

Held: No. Apply the predominant object test: if the dominant purpose is charitable and profit-making is merely ancillary or incidental to achieving it, the organisation remains charitable.

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Business & ProfessionSupreme Court1980

Empire Jute Co Ltd v. CIT

(1980) 124 ITR 1 (SC)

Decided underSection 37(1)nowSection 34

Held: Revenue. An enduring advantage is not decisive. Where the advantage is in the revenue-earning sphere — facilitating trading operations or enabling more efficient conduct of business without touching the fixed capital — the expenditure is revenue in nature.

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Capital GainsSupreme Court1979

CIT v. T.N. Aravinda Reddy

(1979) 120 ITR 46 (SC)

Decided underSection 54nowSection 82

Held: Yes. 'Purchase' bears its ordinary meaning of acquiring for a price, and includes acquiring a share from co-owners. A narrow, technical construction is not warranted.

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Trusts, Funds & Pass-Through VehiclesSupreme Court1977

CWT v. Trustees of HEH Nizam's Family (Remainder Wealth) Trust

(1977) 108 ITR 555 (SC)

Decided underSections 160 & 161 (and the wealth tax analogue)nowSections 303 & 304

Held: In a representative capacity. The liability of the trustee is coextensive with, and no greater or less than, that of the beneficiary. The trustee is assessed in the same manner and to the same extent as the person represented.

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Assessment & ReassessmentSupreme Court1976

ITO v. Lakhmani Mewal Das

(1976) 103 ITR 437 (SC)

Decided underSections 147 & 148nowSections 279 & 280

Held: There must be a live link or close nexus between the material and the formation of belief. The belief must be that of a reasonable person acting on relevant grounds, and cannot rest on vague, remote or irrelevant material.

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Charitable Trusts & NPOsSupreme Court1975

Sole Trustee, Loka Shikshana Trust v. CIT

(1975) 101 ITR 234 (SC)

Decided underSection 2(15)nowSection 355

Held: 'Education' means systematic instruction, schooling or training — the process of training and developing knowledge and skill by normal schooling. It does not extend to every activity that spreads knowledge.

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Cash Credits & Unexplained IncomeSupreme Court1971

CIT v. Durga Prasad More

(1971) 82 ITR 540 (SC)

Decided underSection 68nowSection 102

Held: No. Though an apparent state of affairs is to be treated as real unless shown otherwise, the onus of showing that the apparent is not the real lies on the party asserting it, and the authorities may test the story against ordinary human conduct.

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Capital GainsSupreme Court1967

CIT v. George Henderson & Co Ltd

(1967) 66 ITR 622 (SC)

Decided underSection 48nowSection 72

Held: The consideration actually agreed. 'Full value of the consideration' means the whole price received or receivable for the transfer, and is not the same thing as the fair market value of the asset.

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Capital GainsSupreme Court1967

Miss Dhun Dadabhoy Kapadia v. CIT

(1967) 63 ITR 651 (SC)

Decided underSections 48 & 55nowSections 72 & 90

Held: Yes. The rights entitlement comes into existence at the cost of a depreciation in the value of the original holding, and that diminution is the real cost the shareholder incurred to acquire it.

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Charitable Trusts & NPOsSupreme Court1965

CIT v. Andhra Chamber of Commerce

(1965) 55 ITR 722 (SC)

Decided underSection 2(15)nowSections 346 & 355

Held: Yes. Promoting and protecting trade and industry serves the public interest. That members derive an incidental benefit does not deprive the object of its public character.

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Business & ProfessionSupreme Court1964

CIT v. Malayalam Plantations Ltd

(1964) 53 ITR 140 (SC)

Decided underSection 37(1)nowSection 34

Held: It is wider. The expression covers not merely the earning of profits but the many acts incidental to carrying on a business, including protecting and preserving it, provided the expenditure is not of a personal or capital character.

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Assessment & ReassessmentSupreme Court1961

Calcutta Discount Co Ltd v. ITO

(1961) 41 ITR 191 (SC)

Decided underSection 147 (and its predecessor)nowSection 279

Held: The duty is to disclose fully and truly all primary facts. Drawing inferences from those facts is the officer's function, and a failure by him to draw the correct inference does not constitute a failure to disclose by the taxpayer.

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Note on section references: Each judgment was decided under the Income Tax Act 1961. The corresponding Income Tax Act 2025 sections shown here are drawn from the section mapping used across this site. Where a provision has been recast rather than merely renumbered, the note explains how far the principle still applies. Citations are given for verification against the full text of the judgment — this page is a summary for educational use and is not a substitute for reading the judgment or for professional advice.