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“Section 16(3)”

Section References (mined)Section 16Section 16(3)31 judgments

The decision most relied on for Section 16(3) is Hero Cycles Pvt. Ltd. v. CIT (379 ITR 347), cited in 361 judgments on BharatTax.

Leading authorities on Section 16(3)

Hero Cycles Pvt. Ltd. v. CIT
379 ITR 347 · 2015 · Supreme Court
361
citing judgments

The Revenue cannot substitute its judgment for that of a businessman regarding the necessity or reasonableness of an expenditure. If an expense is incurred wholly and exclusively for business purposes, it is deductible, and the Revenue cannot question its commercial expediency.

CIT v. J.H. Gotla
156 ITR 323 · 1985 · Supreme Court
176
citing judgments

The Supreme Court holds that for income tax purposes, the term 'income' includes 'loss,' allowing for the set-off of a spouse's or minor child's business losses when their income is clubbed with the assessee. This decision emphasizes interpreting tax statutes, especially benevolent provisions, by considering the legislative scheme over a strict literal construction.

National Insurance Co. Ltd. v. Pranay Sethi
16 SCC 680 · 2017 · Reported
152
citing judgments

The Supreme Court in Pranay Sethi laid down the principles for determining 'future prospects' to be added to the income of a deceased person for calculating compensation under the Motor Vehicles Act. It also clarified principles of judicial discipline, including the binding nature of coordinate bench decisions and how to resolve conflicting Supreme Court judgments.

Cases Page 36 of 47 Mehtab Majid & Co. (Firm) v. State of Madras
14 STC 355 · 1963 · Reported
42
citing judgments

When a rule is substituted for an old rule, the old rule ceases to exist as the first step of the substitution process. Even if the new substituted rule is later declared invalid, the old rule does not revive.

Asstt. CIT v. Maersk Global Service Center (India)(P.) Ltd.
133 ITD 543 · 2011 · ITAT
29
citing judgments

The revenue authorities cannot exclude comparable companies from the final list if the Assessing Officer (AO)/Transfer Pricing Officer (TPO) had not rejected them, even if the revenue representative believes they do not pass the comparability test.

Mahenderpal Narang v. CBDT CWP 17971 of
110 Taxmann.com 16 · 2019 · Reported
28
citing judgments

Interest received by an assessee under Section 28 of the Land Acquisition Act is not taxable.

Jackie Shroff v. ACIT, Range 16(1)
101 Taxmann.com 455 · 2019 · ITAT
28
citing judgments

An assessee can claim an outstanding balance as a business loss under Section 28 if it arises from regular business transactions, even if conditions for bad debt deduction under Section 36(1)(vii) are not met, provided sufficient evidence is produced.

V.M. Spinning Mill v. CIT
16 Taxmann.com 199 · 2011 · Reported
22
citing judgments

Extrapolation is generally not permissible when the Assessing Officer relies on additional evidence and investigations indicating large-scale undervaluation by the assessee, and the facts differ from V.M. Spinning Mills.

Judgments citing Section 16(3)