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“Section 10(34)”

Section References (mined)Section 10Section 10(34)677 judgments

The decision most relied on for Section 10(34) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 judgments on BharatTax.

Leading authorities on Section 10(34)

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.

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. 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.

HDFC Bank Ltd. v. DCIT
383 ITR 529 · 2016 · High Court
408
citing judgments

Where an assessee has sufficient interest-free funds, investments yielding exempt income are presumed to be made out of such funds, precluding disallowance of related interest expenditure under section 14A.

Vijaya Bank v. CIT
323 ITR 166 · 2010 · Supreme Court
392
citing judgments

A provision for bad and doubtful debts debited to the profit and loss account and reduced from advances on the balance sheet constitutes a write-off for deduction purposes. This is true even if individual debtor accounts are not closed.

Southern Technologies Ltd. v. JCIT
320 ITR 577 · 2010 · Supreme Court
353
citing judgments

The case concerns the allowability of deductions for provisions made under Section 36 of the Income Tax Act, 1961, especially those related to bad and doubtful debts. It distinguishes such deductions from the recognition of interest income on non-performing assets (NPAs).

United Commercial Bank v. CIT
240 ITR 355 · 1999 · Supreme Court
314
citing judgments

Liabilities accrued on a notional basis are allowable as deductions under the mercantile system of accounting even if their exact quantification or discharge is deferred to a future date or if the demand itself is disputed.

Judgments citing Section 10(34)

JCIT (OSD), I/C DCIT, Circle-8(3)(1), Mumbai vs. M/S. Tata Aia Life Insurance Co. Ltd., Mumbai

In the result, appeals of the Revenue stands dismissed and appeal/CO of assessee are partly allowed for statistical purposes

ITA 1897/MUM/2023[2013-14]Status: DisposedITAT Mumbai31 Jan 2024AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1897/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Jt. Commissioner Of Income बिधम/ M/S. Tata Aia Life Tax (Osd)- I/C Dcit, Insurance Co. Ltd. Vs. 14Th Floor, Tower-A, Circle-8(3)(1) Aaykar Bhavan, Room No. Peninsula Business Park, 615, M. K. Road, New Senapati, Bapat Marg, Marine Lines, Mumbai- Lower Parel, Mumbai- 400020. 400013. Cross Objection No. 80/Mum/2023 Arising Out Of I.T.A. No.1897/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) M/S. Tata Aia Life बिधम/ Jt. Commissioner Of Insurance Co. Ltd. Income Tax (Osd)- I/C Vs. 14Th Floor, Tower-A, Dcit, Circle-8(3)(1) Peninsula Business Park, Aaykar Bhavan, Room Senapati, Bapat Marg, No. 615, M. K. Road, Lower Parel, Mumbai- New Marine Lines, 400013. Mumbai-400020. आयकर अपील सं/ I.T.A. No.1759/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) Jt. Commissioner Of Income बिधम/ M/S. Tata Aia Life Tax (Osd)- I/C Dcit, Insurance Co. Ltd. Vs. Circle-8(3)(1) 14Th Floor, Tower-A, Aaykar Bhavan, Room No. Peninsula Business Park, 615, M. K. Road, New Senapati, Bapat Marg, Marine Lines, Mumbai- Lower Parel, Mumbai- 400020. 400013. .

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Biswanath Das (DR)
Section 10Section 10(34)Section 14ASection 44

Whether, on the facts and circumstance of the case and in law, the Ld CITA) was correct in holding that the exemption under section 10(34) of the Act was allowable to the assessee while calculating its income under section 44 read with First Schedule of the Act based ... facts and in the circumstance of the case and in flaw, the Ld. CIT was correct in holding that the exemption under section 10(34) of the Act and 10(23AAB) was allowable to the assessee while calculating its income under section 44 read with First Schedule

DCIT- 8(3)(1), Mumbai vs. Tata Aia Life Insurance Company Limited, Mumbai

ITA 1759/MUM/2023[2018-19]Status: DisposedITAT Mumbai31 Jan 2024AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1897/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2013-14) Jt. Commissioner Of Income Tax (Osd)- I/C Dcit, Circle-8(3)(1) Aaykar Bhavan, Room No. 615, M. K. Road, New Marine Lines, Mumbai- 400020. Vs. बनाम / M/S. Tata Aia Life Insurance Co. Ltd. 14Th Floor, Tower-A, Peninsula Business Park, Senapati, Bapat Marg, Lower Parel, Mumbai- 400013. Cross Objection No. 80/Mum/2023 Arising Out Of I.T.A. No.1897/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2013-14) M/S. Tata Aia Life Insurance Co. Ltd. 14Th Floor, Tower-A, Peninsula Business Park, Senapati, Bapat Marg, Lower Parel, Mumbai- 400013. बनाम / Vs. Jt. Commissioner Of Income Tax (Osd)- I/C Dcit, Circle-8(3)(1) Aaykar Bhavan, Room No. 615, M. K. Road, New Marine Lines, Mumbai-400020. आयकर अपील सं/ I.T.A. No.1759/Mum/2023 (निर्धारण वर्ष / Assessment Year: 2018-19) Jt. Commissioner Of Income Tax (Osd)- I/C Dcit, Vs. Circle-8(3)(1) Aaykar Bhavan, Room No. 615, M. K. Road, New Marine Lines, Mumbai- 400020. M/S. Tata Aia Life Insurance Co. Ltd. 14Th Floor, Tower-A, Peninsula Business Park, Senapati, Bapat Marg, Lower Parel, Mumbai- 400013.

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Biswanath Das (DR)
Section 10Section 10(34)Section 14ASection 44

Whether, on the facts and circumstance of the case and in law, the Ld CITA) was correct in holding that the exemption under section 10(34) of the Act was allowable to the assessee while calculating its income under section 44 read with First Schedule of the Act based ... facts and in the circumstance of the case and in flaw, the Ld. CIT was correct in holding that the exemption under section 10(34) of the Act and 10(23AAB) was allowable to the assessee while calculating its income under section 44 read with First Schedule

Sri Kannapiran Mills Limited, Coimbatore vs. ACIT, Corporate Circle-1, Coimbatore

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

ITA 634/CHNY/2023[2018-19]Status: DisposedITAT Chennai11 Jan 2024AY 2018-19

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha.Gआयकरअपीलसं./I.T.A.No.634/Chny/2023 (िनधा"रणवष" /Assessment Year: 2018-19) Shri Kannapiran Mills Limited, Vs The Assistant Commissioner Of Post Bag No.1, Income Tax, Sowripalayam, Corporate Circle-1, Coimbatore-641 028. Coimbatore. Pan: Aaccs 9186Q (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. Girish Kumar, Advocate अपीलाथ"क"ओरसे/ Appellant By : ""यथ"क"ओरसे/Respondent By Mr. Ar.V. Sreenivasan, Addl.Cit 11.01.2024 सुनवाईक"तारीख/Date Of Hearing : 11.01.2024 घोषणाक"तारीख /Date Of Pronouncement : आदेश / O R D E R Per Manjunatha.G Am: This Appeal Filed By The Assessee Is Directed Against Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 31.03.2023 & Pertains To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.7,99,15,580/-. The Return Of Income Filed By The Assessee Has Been Processed U/S.143(1) Of The Income Tax Act, 1961 & An Intimation Dated 15.11.2019 Was Issued Determining Total Income At Rs.8,28,18,350/- By Making Various Additions, Including Additions Towards Dividend Income Of Rs.23,07,214/- U/S.115Bbda Of The Act & Profit On Sale Of Asset At Rs.5,95,550/-. The Assessee Carried The Matter In Appeal Before The First Appellate Authority. The Ld.Cit(A), National Faceless Appellate Centre (Nfac), Delhi Vide Order Dated 31.03.2023 Partly Allowed Appeal Filed By The Assessee, Where The Ld.Cit(A) Confirmed Additions Made Towards Dividend Income U/S.115Bbda Of The Act & Deleted Additions Made Towards Profit On Sale Of Asset. Aggrieved By The Cit(A) Order, The Assessee Is In Further Appeal Before Us.

Section 10(34)Section 115BSection 143(1)

आयकर अपीलीय अिधकरण, ‘ए’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘A’ BENCH, CHENNAI "ी महावीर "सह, उपा"य