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Capital Gains versus Business Income: Substance of Holding, Intention and Conduct Prevail over Revenue Assumptions- Correct head of income - profit earned by the assessee on sale of land - ‘capital gains’ or ‘business profits’ - Circular No.4/2007 dated 15.06.2007 -a distinction between a "capital asset" and a "trading asset"
An Analytical Analysis on the Judgment of the- Madras High Court- Commissioner of Income Tax, Chennai v. GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.)-TCA No. 288 of 2011 | Decision dated 9 January 2026The long-st...
Anticipatory Bail Granted in GST Input Tax Credit Fraud Case; Custodial Interrogation Held Unnecessary – Dheeraj Gupta vs. State of Madhya Pradesh (MP High Court)
1. Case Overview
This judgment arises from an application for anticipatory bail under Section
482 BNSS, 2023 (corresponding to Section 438 CrPC). The applicant, Dheeraj Gupta,
was implicated in a large-scale alleged G...
Mechanical Approval under Section 153D Invalid; Common Approval for Hundreds of Search Assessments Held Unsustainable – PCIT-7 vs. Shivganesh Builders Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed multiple appeals under Section 260A of the
Income-tax Act, 1961 challenging a common order dated 08.02.2023 passed by the
Income Tax Appellate Tribunal for Assessment Years 2006-07, 2...
Mechanical and Omnibus Approval under Section 153D Invalid; Search Assessments Quashed for Lack of Application of Mind – PCIT-7 vs. Shine Star Buildcon Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income-tax
Act, 1961 challenging a common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in several connected appeals relating to...
Prosecution of Directors Without Arraigning Company Held Unsustainable; Complaints Quashed Under Section 278B – Rakesh Agarwal vs. ITO (Delhi HC)
Facts of the CaseThe petitioners, including Rakesh Agarwal, were Directors of
M/s SNR Buildwell Pvt. Ltd. The Income Tax Department alleged that the company
failed to discharge its tax liabilities for Assessment Years ...
Penalty under Section 271(1)(c) Invalid for Vague Notice Not Specifying Limb; ITAT Deletion Upheld – PCIT vs. Om Shiv Buildtech Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income-tax
Act, 1961 challenging a common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in ITA Nos. 1427/Del/2019, 1441/Del/2019...
Prosecution of Directors Without Arraigning Company Held Unsustainable; Complaints Quashed Under Section 278B – Rakesh Agarwal vs. ITO (Delhi HC)
Facts of the CaseThe petitioners, including Rakesh Agarwal, were Directors of
M/s SNR Buildwell Pvt. Ltd. The Income Tax Department alleged that the company
failed to discharge its tax liabilities for Assessment Years ...
Section 153C Notices for AYs 2010–11 to 2015–16 Quashed as Beyond Ten-Year Block; Limitation to Be Reckoned from Date of Handing Over of Seized Material – Ramaa Advisors Pvt. Ltd. vs. ACIT (Delhi HC)
Facts of the CaseThe petitioner, Ramaa Advisors Private Limited, filed multiple
writ petitions challenging notices issued under Section 153C of the Income-tax
Act, 1961 for Assessment Years 2010–11 to 2015–16. The ...
Mechanical Approval under Section 153D Invalid; Single Approval for 246 Search Assessments Held Unsustainable – PCIT-1 vs. MDLR Resorts Pvt. Ltd. (Delhi HC)
Facts of the CaseThe Revenue filed appeals under Section 260A of the Income-tax
Act, 1961 against a common order dated 08.02.2023 passed by the Income Tax
Appellate Tribunal in several connected matters, including the ...
Licence Fee for Use of Goodwill Allowable under Section 37; Bar Council Rules Not a Statutory Prohibition; Revenue Appeals Dismissed – PCIT vs. Remfry & Sagar (Delhi HC)
Facts of the CaseThe Revenue filed multiple appeals under Section 260A of the
Income-tax Act, 1961 for various assessment years challenging a common order of
the Income Tax Appellate Tribunal in the case of M/s Remfry ...