Section 10(26) of the Income Tax Act

Income-tax Act, 2025: s.11

Section 10(26) falls under section 10 of the Income-tax Act, 1961, which corresponds to section 11 (Incomes not included in total income) of the Income-tax Act, 2025.

Read section 11 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 10(26) is DHFL Venture Capital Fund v. ITO (358 ITR 471), cited in 66 of the 148 judgments on BharatTax that turn on this section.

Leading authorities on Section 10(26)

DHFL Venture Capital Fund v. ITO
358 ITR 471 · 2013 · High Court
66
citing judgments

Reassessment proceedings cannot be initiated solely for the purpose of making a protective addition. Such proceedings are not valid in the eyes of law.

(CIT v. Cochin Co. Pvt. Ltd.
104 ITR 655 · 1976 · High Court
32
citing judgments

A protective assessment is permissible when the assessing officer has doubt regarding who is in receipt of income, but a recovery based on a protective assessment is not allowed. If an assessment is intended to be protective, it must be clearly stated as such.

Tata Capital Financial Services Ltd. v. Asst. CIT
137 Taxmann.com 315 · 2022 · High Court
29
citing judgments

When reopening an assessment, the assessing officer must provide the assessee with a copy of the superior officer's approval, including their comments, name, designation, and date, not merely state the reasons in a letter. This ensures transparency in the reassessment process.

Dayabai v. CIT
154 ITR 248 · 1985 · High Court
20
citing judgments

A protective assessment is permissible only at the initial assessment stage, as higher appellate or revisional authorities can definitively determine the liable assessee.

PCIT v. Kunvarji Commodities Brokers Pvt. Ltd.
432 ITR 180 · High Court
19
citing judgments

A statement recorded under section 132(4) by a third party, without any corroborating incriminating material, cannot be the sole basis for making additions under section 153A or 153C.

(CIT v. Khalid Mehdi
165 ITR 685 · 1987 · High Court
18
citing judgments

A protective assessment must be expressly stated as such by the Income Tax Department. It is made out of abundant caution when there is doubt as to who has received the income.

North Eastern Constructions v. ITO
117 Taxmann.com 321 · 2020 · ITAT
10
citing judgments

Penalty under section 271B is not justified if the assessee provides a reasonable cause for the delay in submitting the Tax Audit Report, such as the unexplained absence of their accountant.

Rakesh Kumar Jha v. ITO
150 Taxmann.com 298 · 2023 · Reported
8
citing judgments
Jaspal Singh Sehgal v. ITO, 47 ITR (T) 193 (Mum)
171 Taxmann.com 308 · 2025 · Reported
6
citing judgments
Joginder Kaur v. ITO
169 Taxmann.com 90 · 2024 · Reported
5
citing judgments

Judgments on Section 10(26)