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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)

Ishwar Chander Pahuja, New Delhi vs. ACIT Circle 19(1), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2560/DEL/2023[2015-16]Status: DisposedITAT Delhi06 Sept 2024AY 2015-16

Bench: Shri S.Rifaur Rahmanishwar Chander Pahuja, Vs. Acit, Circle 19 (1), C/O Sumer Garg & Co., Cas New Delhi. E-501A, Itl Northex Tower, Plot No.A – 9, Netaji Subhash Place, Pitampura, New Delhi – 110 034. (Pan : Aafpp4275M) (Appellant) (Respondent) Assessee By : Shri S.C. Garg, Ca Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 24.06.2024 Date Of Order : 06.09.2024 Order The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi [“Ld. Cit(A)”, For Short]/National Faceless Appeal Centre (Nfac) Dated 21.08.2023 For The Assessment Year 2015-16. 2. The Assessee Has Raised Following Grounds Of Appeal :- “1. The Ld. Ao Erred In Law & On Facts In Disallowing The Claim Of The Assessee Of Having Earned Agricultural Income At Rs.23,36,957/- & The Ld. Cit(A), Nfac Erred In Law & On Facts In Confirming The Action Of The Ld. Ao Treating The Same As Bogus Without Making Any Verification In The Facts & Circumstances Of The Case.

For Appellant: Shri S.C. Garg, CAFor Respondent: Shri Om Parkash, Sr. DR
Section 10(1)Section 143(2)Section 2Section 234ASection 44A

assessee has not maintained any books of account as per section 44AA of the Act. In my view, assessee’s income falls under section 10(1) of the Act and as per section 44A of the Act, as 10 per the provisions of the Act, who are supposed to maintain

Nirvin Cold Storage Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

ITA 557/KOL/2024[2016-17]Status: DisposedITAT Kolkata26 Aug 2024AY 2016-17

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.557/Kol/2024 Assessment Year: 2016-17 Nirvin Cold Storage Pvt. Ltd….………………… ........................……Appellant 1St Floor Suit No.5, Onkara Chambers, 30 Bentick Street, Near Lal Bazar, Kolkata -1. [Pan: Aabcn1213E] Vs. Ito, Ward-6(1), Kolkata.................…................…........……...…..…..Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 10, 2024 Date Of Pronouncing The Order : August 26, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That On The Facts & In Circumstances Of The Case, The Ld. Cit(A), Nfac Erred In Disposing Of The Appeal On Merits Ex-Parte Without Affording Sufficient Opportunity Of Being Heard. 2. (A) For That On The Facts & In Circumstances Of The Case, The Ld. Cit(A), Nfac Erred In Confirming The A0'S Action Of Making Addition Of

Section 10(1)Section 145(3)Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri

Callus Biotech Private Limited, Kolhapur vs. Commissioner of Income-Tax (Appeals), Kolhapur

The appeal is allowed for statistical purposes in above terms

ITA 1009/PUN/2024[2020-2021]Status: DisposedITAT Pune22 Aug 2024AY 2020-2021

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No. 1009/Pun/2024 निर्धारण वषा / Assessment Year : 2020-21 Callus Biotech Pvt. Ltd. R/S 735, A/P Kandgaon, Radha Nagari Rd., Tal: Karveer, Kolhapur-416001. Pan: Aadcc5440J . . . . . . . अपीलार्थी / Appellant बिधम / V/S National E-Asstt Centre, New Delhi. . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Rajendra Agiwal [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 22/08//2024 घोषणा की तारीख / Date Of Pronouncement : 22/08/2024 आदेश / Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against Din & Order No. Itba/Nfac/S/250/2023- 24/1062466111(1) Dt. 12/03/2024 Passed U/S 250 Of Income-Tax Act, 1961 [‘The Act’ Hereafter] By National Faceless Appeal Centre, Delhi [‘Nfac’ Hereafter] Which In Turn Arisen Out Order Of Assessment Passed U/S 143 R.W.S. 144B Of The Act By The National E-Assessment Centre, New Delhi [‘Ao’ Hereinafter] Anent To Assessment Year 2020-21 [‘Ay’ Hereinafter].

For Appellant: Mr Rajendra Agiwal [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 10(1)Section 143Section 143(2)Section 143(3)Section 2Section 250Section 270A

IN THE INCOME TAX APPELLATE TRIBUNAL, PUNE ‘SMC’ BENCH, PUNE BEFORE HON’BLE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND

Sri. A. S. Srinath (HUF), Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivamogga

In the result, the appeal filed by the assessee is allowed

ITA 228/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeya.S. Srinath (Huf) The Income Tax Officer No. 1, Mallikarjuna Nilaya Ward 1 & Tps 1St Cross, Hosamane Jail Road Vs. No.75, 100 Feet Road Shivamogga 577201 Gopal Gowda Exten. Pan – Aamha9965J Shivamoga 577201 (Appellant) (Respondent) Assessee By: Shri Rajeev C. Nulvi, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 10.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Dated 09.01.2024 Vide Din & Order No. Itba/Nfac/250/2023-24/1059510032(1) Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below Is Against The Facts Of The Case & Passed On Assuming The Facts Which Are Unrealistic. 2. On The Facts & Circumstances Of The Case & In The Provisions Of The Law, The Assessing Officer Erred In Estimating The Agricultural Expenditure At A Certain Percentage Of Agricultural Income Is Against The Fact, As The Increase In The Gross Receipts May Be For Various Reasons, Which Are Not Dependent On Agricultural Expenditure.

For Appellant: Shri Rajeev C. Nulvi, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 139(4)Section 143(3)Section 250

Heading of the Chapter III is “Incomes which do not form part of total income”. Thus the item of Income specified in Section 10(1) of the Act or Chapter III of the Act would not be a part of total Income. There cannot be a charge of Tax u.s.4

M/S. Labland Private Limited, Mysuru vs. Income Tax Officer, Ward-1(1), Mysuru

In the result, the appeal filed by the assessee is partly allowed for the statistical purposes

ITA 608/BANG/2024[2017-18]Status: DisposedITAT Bangalore09 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubeylabland Biotechs Pvt. Ltd. The Income Tax Officer #01, 8Th Km, Krs Road Ward - 1(1), Mysuru Vs. Metagalli, Mysuru 570016 Pan – Aaacl2892A (Appellant) (Respondent) Assessee By: Shri V. Srinivasan, Advocate Revenue By: Shri Guru Kumar S., Addl. Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 09.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1062548837(1) Dated 13.03.2024 Passed By The National Faceless Appeal Centre, Delhi (Cit(A)) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income Tax [Appeals] / National Faceless Appeal Centre [Nfac For Short] Is Not Justified In Confirming The Assessment Of A Sum Of Rs.87,39,282/- As Income From Other Sources Under The Facts & In The Circumstances Of The Appellant'S Case. 2.1 The Learned Cit[A]/Nfac Failed To Appreciate That The Income Derived By The Appellant Is From Agriculture Operations, Which Is Exempt U/S.10[1] Of The Act Read With Explanation Of Section 2[1] Of The Act & Consequently, The Learned Cit[A]/Nfac

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri Guru Kumar S., Addl. CIT-DR
Section 10Section 10(1)Section 142(1)Section 143(2)Section 143(3)Section 2Section 234ASection 250

assessee company claimed the sale of plants and seeds are in the nature of agricultural income and it is exempted in terms of Section 10(1) read with explanation (3) to Section 2(1A) of the Act. Thereafter the case of the Assessee was selected for scrutiny. Statutory notices under ... failed to appreciate the fact that the income derived by the assessee is from agricultural operations, which is exempt under Section 10(1) of the Act read with explanation 3 to Section 2(1A) of the Act. Further, the learned A.R. of the assessee argued that the assessee had filed