← All Phrases

“Section 10(1)”

Section References (mined)Section 10Section 10(1)218 judgments

The decision most relied on for Section 10(1) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 10(1)

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

CIT v. Hero Cycles Ltd.
323 ITR 518 · 2010 · High Court
470
citing judgments

Disallowance under Section 14A, for expenditure incurred in relation to exempt income, is not permissible when the assessee has not earned any exempt income, such as dividend income under Section 10(34), during the year under consideration.

PCIT v. Swati Bajaj
139 Taxmann.com 352 · 2022 · High Court
443
citing judgments

Tax authorities are entitled to examine surrounding circumstances and apply the test of human probabilities to determine the genuineness of long-term capital gains arising from the sale of manipulated penny stock, even if prima facie documents appear to support the transaction.

Judgments citing Section 10(1)

DCIT (It)-4(1)(1), Mumbai vs. M/S Reliance Jio Infocomm Ltd, Mumbai

In the result, the appeal of the Revenue stands dismissed

ITA 2866/MUM/2022[2019-20]Status: DisposedITAT Mumbai26 Apr 2023AY 2019-20

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2866/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2019-20) Dcit(It)-4(1)(1) बिधम/ M/S. Reliance Jio Room No. 1712, 17Th Floor, Infocomm Ltd Vs. Air India Building, Nariman 3Rd Floor, Maker Point, Mumbai-400021. Chamber-Iv, 222, Nariman Point, Mumbai- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6363G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nimesh Vora/Ms. Moksha Moksha Mehta Revenue By: None सुनवाई की तारीख / Date Of Hearing: 24/02/2023 घोषणा की तारीख /Date Of Pronouncement: 26/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Cit(A)/Nfac, Mumbai Dated 08.09.2022 For The Ay 2019-20. 2. The Grounds Of Appeal Of The Revenue Are As Under: - A. “Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Holding That Tax Was Not Required To Be Deducted At Source On The Payment Made By The Assessee To Reliance Jio Infocomm Uk (Rjiuk) For Availing Bandwidth Services As It Did Not Amount To Income Of The Payee By Way Of Royalty U/S 9(1)(Vi) Of The It Act, 1961 Read With Article 13 Of The India-Uk Dtaa. B. “Whether On The Facts & Circumstances Of The Case & In Law, The Ld, Cit(A) Has Erred In Holding That Tax Was Not Required To Be Deducted At Source On The Payment Made By The Assessee To Reliance Jio Infocomm Uk (Rjiuk) For Availing Bandwidth Services As It Did Not Amount To Income Of The Payee

For Appellant: Shri Nimesh Vora/Ms. MokshaFor Respondent: None
Section 195Section 248Section 9Section 9(1)(vi)

domestic law by observing that "a DTAA entered into by the Government in exercise of the powers conferred by section 10(1) [sic- section 90(1)] while considering section 10(2) [sic- section 90(2)] has to be reasonably construed [Emphasis, by underlining, supplied by us now]". In the Siemen

Charoen Pokphand Seeds India Private Limited, Bangalore vs. Principal Commissioner of Income Tax, Bengaluru-2, Bengaluru

In the result the appeal filed by the assessee stands dismissed

ITA 509/BANG/2022[2017-18]Status: DisposedITAT Bangalore21 Sept 2022AY 2017-18

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Praveen Karanth, Cit- Revenue By Dr Date Of Hearing : 14-09-2022 Date Of Pronouncement : 21-09-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 15.03.2022 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2017-18 On Following Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10(1)Section 143Section 143(3)Section 263Section 35

show cause notice, assessee filed its objections vide letter dated 23/03/2021 justifying the agricultural income to be exempt as contemplated under section 10 (1) of the Act. 2.6 The Ld.Pr.CIT, after considering the submissions of the assessee passed the 263 order by setting aside the assessment order passed ... Ld.AO, with a direction, to carry out fresh examination of the claim of agricultural income claimed to be exempt by the assessee under section 10 (1) of the Act. 2.7 Aggrieved by the order of the Ld.Pr.CIT, the assessee is in appeal before this Tribunal. Page

M/S. Charoen Pokphand Seeds (India) Private Limited, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result the appeal filed by the assessee stands dismissed

ITA 311/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Charoen Pokphand Seeds India The Principal Pvt. Ltd., Commissioner Of No. 1021/1, Service Income Tax, Road, Gitanjali Layout, Bengaluru – 2, Hal Iii Stage, Vs. Bengaluru. Bangalore – 560 075. Pan: Aaccc3259N Appellant Respondent Assessee By : Shri C. Ramesh, Ca : Shri Bijoy Kumar Panda, Cit Revenue By (Dr) Date Of Hearing : 21-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Order U/S. 263 Dated 30.03.2021 Passed By The Ld.Pr.Cit, Bengaluru – 2, Bengaluru For Assessment Year 2016-17 On Following Revised Grounds Of Appeal: “The Appellant Objects To The Revision Order Passed U/S. 263 On The Following Grounds In So Far As It Is Prejudicial To The As It Is Opposed To Law & Circumstances Of The Case: - Originally The Appellant Has Taken Only One Ground Relating To Deduction U/S.35(2Ab). The Following Grounds Were Not Taken By Oversight. Hence The Appellant Is Filing Revised Grounds Of Appeal As Mentioned Below.

For Appellant: Shri C. Ramesh, CA
Section 10Section 10(1)Section 10ASection 143Section 143(3)Section 263Section 35

hands of assessee. 2.3 The Ld.Pr.CIT, called for the assessment records and examined the exemption claimed on agricultural income under section 10 (1) of the Act claimed by assessee amounting to ₹ 4,65,63,312/- that was allowed by the Ld.AO in the order passed under section ... make sufficient enquiries to understand the real activities carried on by the assessee and whether such activities were eligible for claim under section 10(1) of the Act. The Ld.Pr.CIT, accordingly issued notice under section 263 of the Act, on 18/03/2021, reproduced as under: “...On examination of records