Description:
Case Laws in Favour of Revenue on Direct Tax Laws is a curated compendium of landmark and significant judicial pronouncements that uphold the stand of the Income Tax Department (Revenue) in disputes under Direct Tax laws. This book is an invaluable reference for tax professionals, chartered accountants, lawyers, departmental officers, and students preparing for professional exams like CA Final, CS, CMA, and LL.M in Taxation.
Key highlights include:
Categorized coverage of cases under major heads of income: Salaries, House Property, PGBP, Capital Gains, and Other Sources
Judgments on clubbing of income, set-off of losses, deductions, exemptions, TDS, reassessment, penalties, and more
Decisions from Supreme Court, High Courts, and ITAT, clearly summarised and explained in favour of Revenue
Analysis of legal principles upheld by courts, helping readers understand the rationale supporting the Department's view
Useful for litigation strategy, departmental assessments, and academic understanding of the evolving tax jurisprudence
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Interpretation of taxing statutes
Substance over form principle
Burden of proof in tax matters
Judicial discipline and binding precedents
Retrospective amendments and their impact
Residential status determined on facts – in favour of Revenue
Taxability of foreign income based on control and management
Source rule vs. residence rule – court support for Department
Perquisites correctly taxed by AO – upheld
Taxability of allowances and employer contributions
Salary from multiple employers – no double exemption
Deemed rent in case of vacant property
Notional income on self-owned commercial property
Denial of standard deduction where conditions not met
Disallowance under Section 40(a)(ia) upheld
Bogus purchases or inflated expenses – additions sustained
Related party transactions scrutinized
Cash payments under Section 40A(3) disallowed
Business loss vs. capital loss – classification favouring Revenue
Gains held taxable on transfer of development rights
Share transactions classified as investment vs. trading
Denial of exemption under Section 54/54F due to non-compliance
Transfer date disputes resolved in favour of Revenue
Gifts taxed under Section 56(2)(x) – genuineness unproved
Share premium in excess of FMV – addition upheld
Interest on FD taxable even if not received – accrual basis
Clubbing provisions invoked correctly – upheld by courts
Denial of set-off due to procedural non-compliance
Loss adjustment disallowed due to business closure
Incorrect Section 80C/80G claims disallowed
Non-availability of deduction due to procedural lapses
Unapproved institutions – donations not allowed
Validity of reopening under Section 147/148
Mere change of opinion not applicable – held in Revenue’s favour
Non-filing of return – best judgment assessment upheld
Information from investigation wing relied upon validly
TDS default – disallowance of expense justified
Late deposit of TDS – interest and penalty upheld
TDS under Section 195 – foreign remittances without deduction taxed
Penalty under Section 271(1)(c) – concealment/misreporting confirmed
Penalty for late filing and non-payment upheld
Prosecution in cases of wilful default
Additions based on documents found during search – sustained
Undisclosed income corroborated by evidence – taxed
Benami transactions and shell entities exposed
Taxability under MAT and AMT
GAAR and anti-abuse rules invoked successfully
Taxation of digital economy and unexplained credits
| Direct Tax Case Laws in Favour of Revenue |
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