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“Section 10(33)”

Section References (mined)Section 10Section 10(33)168 judgments

The decision most relied on for Section 10(33) is CIT v. DLF Commercial Developers Ltd. (35 Taxmann.com 280), cited in 51 judgments on BharatTax.

Leading authorities on Section 10(33)

CIT v. DLF Commercial Developers Ltd.
35 Taxmann.com 280 · 2013 · High Court
51
citing judgments

Loss incurred by certain types of companies in trading derivatives is considered speculative loss under the Explanation to Section 73, as the value of stock derivatives depends on shares. Such speculative losses are ineligible for set-off or carry forward against business income.

Ltd. v. CIT
79 ITR 589 · 1971 · Supreme Court
37
citing judgments

This case is authority for the principle that deductions under section 36(1)(viii) of the Income-tax Act may be granted in respect of certain categories of receipts. The court's decision in this case is relied upon when interpreting the scope of business activities for tax purposes.

Southern Petro Chemical Industries v. DCIT
3 SOT 157 · 2005 · ITAT
34
citing judgments

Proportionate management expenses are deductible when computing exempt dividend income, as investment decisions are strategic and involve top management.

275(Delhi); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn Ltd.
143 Taxmann.com 135 · 2022 · High Court
25
citing judgments

Where an expense is incurred for the purpose of acquiring a capital asset, and that asset is subsequently sold, the expenditure must be considered as part of the cost of acquisition of that asset for the purpose of calculating capital gains. This is because the expense forms an integral part of the cost of acquiring the asset, not an expenditure of revenue nature.

ACIT v. Sheth Developers Pvt. Ltd.
33 SOT 277 · 2009 · ITAT
21
citing judgments

An assessee is eligible for proportionate deduction under Section 80IB(10) on a pro-rata basis in respect of residential units fulfilling the prescribed conditions, even if other units do not.

DCIT v. Indian Oil Petronas Pvt. Ltd.
127 Taxmann.com 389 · 2021 · Reported
17
citing judgments

The Kolkata ITAT determined that the Supreme Court rulings in Tata Tea and Godrej & Boyce do not present contradictory principles regarding Section 115-O and Section 14A, holding that dividend income, though taxed under Section 115-O, is not part of the shareholder's total income under Section 10(33), but this does not absolve the taxpayer from disallowances under Section 14A.

SSPDL Ltd vs. DCIT, 33 TAXMANN.COM 447. 4) CIT v. Suzlon Energy Ltd., 33
32 Taxmann.com 276 · 2013 · High Court
15
citing judgments

The Assessing Officer cannot make additions under Section 14A concerning investments in shares if the investment was not made for future benefit and was intended for business purposes.

Indian Farmers Fertilizers Co-operative Ltd. v. Jt. CIT
105 ITD 33 · 2007 · ITAT
12
citing judgments

An assessee can challenge reassessment proceedings as being without jurisdiction in collateral proceedings for rectification under section 154, even if they have not appealed the reassessment order.

Judgments citing Section 10(33)

Mr. Manu Mahmud Parpia, Mumbai vs. Income Tax Officer 14(1) (2), Mumbai

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

ITA 1514/MUM/2022[2013-14]Status: DisposedITAT Mumbai31 Oct 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri, Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1514/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Mr. Manu Mahmud Parpia बिधम/ Ito-14(1)(2) 72, Tenerife Little Gibbs Room No. 457, Aayakar Vs. Road No.2, Malabar Hill, Bhavan, M. K. Road, Mumbai-400006. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacpp8377R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri K. Gopal Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/10/2022 घोषणा की तारीख /Date Of Pronouncement: 31/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee (Individual) Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/ Nfac, Delhi Dated 19.04.2022 For The Assessment Year 2013-14. 2. The Grounds Of Appeal Of The Assessee Are As Under: - 1) “The Learned Commissioner Of Income Tax (Appeals) Erred In Conforming The Action Of The Assessing Officer In Disallowing Rs. 5,12,121/- Out Of Expenses U/S 14A. Your Appellant Submits That No Expenditure Has Been Incurred For The Purpose Of Earning Exempt Income & The Entire Disallowance Of Rs. 5,12,121/- Ought To Be Deleted. Without Prejudice To The Above, Your Appellant Submits That The Disallowance Is Excessive & Ought To Be Reduced Substantially.

For Appellant: Shri K. GopalFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 10(33)Section 14ASection 234B

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI, AMARJIT SINGH, AM

Ramesh Chand Investment & Leasing Pvt. Ltd., New Delhi vs. ACIT, Circle- 21(2), New Delhi

ITA 6009/DEL/2017[2004-05]Status: DisposedITAT Delhi07 Dec 2021AY 2004-05

Bench: Smt. Diva Singh & Shri R.K. Pandaassessment Year: 2004-05 Ramesh Chand Investment & Vs. Acit, Leasing Pvt. Ltd., Circle-21(2), 69/2A, Najafgarh Road Industrial New Delhi. Area, New Delhi. Pan:Aaccr3585Q (Appellant) (Respondent) Assessee By : None Revenue By : Shri Anilgandhi, Sr. Dr Date Of Hearing : 06.12.2021 Date Of Pronouncement : 07.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St March,2013 Of The Cit(A)-18, New Delhi, Relating To Assessment Year 2004-05. 2. None Appeared On Behalf Of The Assessee At The Time Of Hearing. No Application For Adjournment Of Hearing Has Been Filed. A Perusal Of The Order Sheet Entries Shows That No One Was Appearing On The Previous Occasions. Although Notices Have Been Sent By The Registry Through Rpad, Every Time The Same Was Returned By The Postal Authorities With The Remark ‘No Such Person In The Address.’ The Assessee Has Also Not Taken Any Step To Intimate The Change Of Address, If Any. Under These Circumstances, We Deem It Proper To Decide The Appeal On The Basis Of The Material Available On Record & After Hearing The Ld. Dr.

For Appellant: NoneFor Respondent: Shri AnilGandhi, Sr. DR
Section 143(2)Section 144Section 147Section 148

failed to show a sum of Rs. 98.46 lakhs under the head "Other income" and that the assessee had claimed as exempt under section 10(33) of the Act dividend on long-term non-trade investments, but had not deducted expenses relating to earning of dividend and that therefore income