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“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)

Jitendra Singh, Bijnor vs. Income Tax Officer, Bijnor

In the result, the Assessee’s appeal is allowed

ITA 3316/DEL/2025[2015-16]Status: DisposedITAT Delhi03 Oct 2025AY 2015-16

Bench: Shri Mahavir Singhasstt. Year : 2015-16 Jitendra Singh, Vs. Acit/Jcit(Appeals) C/O S R Agarwalla & Co., Ca Faridabad / Nfac Shop No. 7, Kisan Inter College Market, Meerut-Karnal Road, Shamli, Uttar Pradesh-246776 (Pan: Ezaps4872M) (Appellant) (Respondent) Appellant By : Sh. Manish Singh, Ca Respondent By : Ms. Harpreet Kaur Hansra, Sr. Dr. Date Of Hearing 09.09.2025 Date Of Pronouncement 03.10.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Ld. Addl/Jcit (A), Faridabad Dated 27.03.2025 Pertaining To Assessment Year 2015-16 On The Solitary Issue Of Addition Of Rs. 13,00,000/- On Account Of Cash Deposit. 2. Heard Both The Sides & Perused The Records. 3. Brief Facts Of The Case Are That The Information Reported In Aims Module Of Itba That The Assessee Had Deposited More Than Rs. 10 Lacs In Different Saving Bank Accounts Maintained By Him During The F.Y. 2014-15 Relevant To Ay 2015-16. A Query Letter As Well As A Notice U/S. 133(6) Of The Income Tax Act, 1961 Was Issued & Served Upon The Assessee Asking Him To Furnish The Source Of Income & Credit

For Appellant: Sh. Manish Singh, CAFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 133(6)Section 147Section 69A

Section 2(14) of the Act (excluding it from the definition of ‘capital asset’), and the income from its sale is exempt under section 10(1) read with Section 2(1A) of the Act, being agricultural income. The cash deposits, therefore, represent explained sources and do not warrant treatment