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“Section 191(1)”

Section References (mined)Section 191Section 191(1)1 judgments

The decision most relied on for Section 191(1) is 19 ITR 191 Lakshimaratan Cotton Mills Co. Ltd. v. CIT (SC) (73 ITR 634), cited in 61 judgments on BharatTax.

Leading authorities on Section 191(1)

19 ITR 191 Lakshimaratan Cotton Mills Co. Ltd. v. CIT (SC)
73 ITR 634 · 1969 · Supreme Court
61
citing judgments

When claiming an expenditure under section 37(1), the onus is on the assessee to prove the necessary facts, not on the revenue. Mere production of vouchers is insufficient if the genuineness of payment is doubted.

Hindustan Coca Beverages (P) Ltd. v. CIT
288 ITR 379 · 2007 · High Court
59
citing judgments

If a deductee has paid tax directly, the deductor's liability for non-deduction under Section 201(1) abates, and the deductor cannot be treated as an assessee-in-default. Interest under Section 201(1A) can only be charged from the date tax was deductible until the date it was actually paid by the deductee.

Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax v. Provincial Farmers (P) Ltd.
245 ITR 421 · 2000 · Supreme Court
55
citing judgments

The entry in the books of accounts is not determinative of the true nature of a transaction for income tax purposes; the substance of the transaction, rather than its accounting treatment, governs its taxability and deductibility.

CIT v. Mazagaon Dock Ltd.
191 ITR 460 · 1991 · High Court
40
citing judgments

A wet dock of a dockyard is considered 'plant' for the purpose of depreciation.

Oord ACZ India (P) Ltd. v. CIT
323 ITR 130 · 2010 · High Court
35
citing judgments

Where the recipient of income is not liable to pay tax in India, the payer has no obligation to deduct tax at source. Consequently, no disallowance under section 40(a)(i) can be made for failure to deduct such tax.

191 (Karnataka); Franchise India Brands Ltd. v. CPC, ITAT Delhi
122 Taxmann.com 196 · 2020 · Reported
32
citing judgments

Orders levying late fee under Section 234E are liable to be set aside if the authorities below have erred in sustaining the levy.

Commissioner of Income-tax v. Sri Jagannath Steel Corporation
191 ITR 676 · 1991 · High Court
28
citing judgments

Sales tax for the last quarter of an assessment year, paid before the filing of the return, is deductible under Section 43B. Amendments to Section 43B introducing a proviso are considered clarificatory, curative, and explanatory, making them retrospective.

Karnataka Power Transmission Corporation Ltd. v. Dy. CIT
67 Taxmann.com 259 · 2016 · High Court
24
citing judgments

Tax is deductible at source under Section 194A only on interest that has 'partaken the character of income' in the hands of the recipient.

Judgments citing Section 191(1)