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“eligible assessee”

Assessment ProceduresSection 144CSection 144C662 judgments

The decision most relied on for eligible assessee is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 judgments on BharatTax.

Leading authorities on eligible assessee

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Pandian Chemicals Ltd. v. CIT
262 ITR 278 · 2003 · Supreme Court
353
citing judgments

Income eligible for deduction under Section 80IA or 80IC must have a direct nexus with the eligible business activity of the industrial undertaking. Income merely incidental to the business, even if part of the assessee's overall business, is not considered "derived from" the eligible undertaking.

CIT v. Yokogawa India Ltd.
391 ITR 274 · 2017 · Supreme Court
290
citing judgments

Deduction under Section 10A or 10AA of the Income-tax Act is computed on the profits of the eligible unit without first setting off losses from other units or non-eligible units. Conversely, losses incurred by an eligible unit are allowed to be set off against the assessee's other taxable business profits.

CIT v. ABG Heavy Industries Ltd.
322 ITR 323 · 2010 · High Court
229
citing judgments

The Assessing Officer cannot deny a Section 80IA deduction by merely asserting that the assessee is not a "developer" without considering the relevant agreements and facts. Entitlement to Section 80IA deduction requires a thorough examination of the assessee's role as a developer.

CIT v. Claris Lifesciences Ltd.
326 ITR 251 · 2010 · High Court
196
citing judgments

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

Vijay Television (P.) Ltd. v. DRP
369 ITR 113 · 2014 · High Court
140
citing judgments

Passing a final assessment order under Section 143(3) directly, without first issuing a draft assessment order under Section 144C(1) for an eligible assessee, constitutes a fundamental jurisdictional defect. This defect cannot be cured by a subsequent corrigendum, especially if issued beyond the prescribed period of limitation.

CIT v. Ramkrishna Deo
35 ITR 312 · 1959 · Supreme Court
84
citing judgments

The burden of proving that a particular income is exempt from taxation, or is not taxable, lies on the assessee. To claim an exemption or a deduction, the assessee must provide proper materials to establish eligibility.

CIT v. Kamal Wahal
351 ITR 4 · 2013 · High Court
71
citing judgments

An assessee is eligible for capital gains exemption under Sections 54 and 54F even when the new residential house is purchased in the name of their spouse, provided the investment comes from the assessee's own funds. This allows for a purposive construction of these provisions.

Judgments citing eligible assessee

Janardhan Kapur, Haryana vs. ITO, Ward 29(1), Delhi

The appeal of the assessee is allowed

ITA 4754/DEL/2024[2019-20]Status: DisposedITAT Delhi09 May 2025AY 2019-20

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2019-20 Janardhan Kapur, Vs Ito, C/O Sanjiv Sapra & Associates Llp, Ward-29(1), Chartered Accountants, Delhi. C-763, New Friends Colony, New Delhi – 110 025. Pan: Aojpk8128G (Appellant) (Respondent) Assessee By : Shri Sanjiv Sapra, Fca Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 28.04.2025 Date Of Pronouncement : 09.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 13.09.2024 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.Nfac/2018-19/10092978 Arising Out Of The Appeal Before It Against The Order Dated 23.09.2021 Passed U/S 143(3) R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Assessment Unit, Income-Tax Department (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That Amongst Other Grounds On Merits The Assessee Has Raised Ground No.2. This Ground Was Not Raised Before The Cit(A). However, Before Us, A Separate Application Is Moved Requesting To Raise This As An Additional Ground. Considering That The Ground No. 2 Questions The Assumption Of Jurisdiction To Pass Final Assessment Order & Can Be Decided On The Basis Of Admitted Facts, The Same Is Admitted. 3. The Ground No.2 As Raised Is Reproduced Below:- “That The Order Passed By The Assessing Officer (Ao) Under Section 143(3)/144B Of The Income-Tax Act, 1961 (Act) Was Without Jurisdiction, Null & Void Since No Prior Draft Assessment Order As Required Under Section 144C(1) Was Passed & Provided To The Appellant Being A Non- Resident & “Eligible Assessee” As Per Section 144C(15)(B)(Ii) Of The Act.”

For Appellant: Shri Sanjiv Sapra, FCAFor Respondent: Shri Om Parkash, Sr. DR
Section 143(3)Section 144CSection 144C(1)Section 144C(15)(b)

since no prior draft assessment order as required under section 144C(1) was passed and provided to the Appellant being a non- resident and “eligible assessee” as per section 144C(15)(b)(ii) of the Act.” 4. As from the assessment order itself it can be observed that the appellant ... individual who was assessed in the status of non-resident and, therefore, falls in the definition of ‘eligible assessee’ as per section 144C(1) r.w.s. 144(15)(b)(ii) of the Act and, thus, for the purpose of section 144C the AO was required to first issue a draft assessment

Mohamed Sharif Abdul Rahman, Madurai vs. DCIT, Ncc-1, Madurai

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

ITA 277/CHNY/2025[2018-19]Status: DisposedITAT Chennai01 May 2025AY 2018-19

Bench: Shri George George Kand Shri Jagadishआयकर अपील सं./Ita No.: 277/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Shri Mohamed Sharif Abdul The Deputy Commissioner Rahman, Vs. Of Income Tax, 157, South Masi Street, Non-Corporate Circle – 1, Madurai – 625 001. Madurai Pan: Aclpa 1361P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri P. Kathir, Advocate ""यथ" क" ओर से/Respondent By : Ms. Anitha, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 30.04.2025 घोषणा क" तारीख/Date Of Pronouncement : 01.05.2025

For Appellant: Shri P. Kathir, AdvocateFor Respondent: Ms. Anitha, Addl. CIT
Section 133(6)Section 148Section 148ASection 250Section 44A

44AD of the Act is reproduced hereunder: ". ... (1) Notwithstanding anything to the contrary contained in sections 28 to 43C, in the case of an eligible assessee engaged in an eligible business, a sum equal to eight per cent of the total turnover or gross receipts of the assessee ... account of such business or, as the case may be, a sum higher than the aforesaid sum claimed to have been earned by the eligible assessee, shall be deemed to be the profits and gains of such business chargeable to tax under the head "Profits and gains of business