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“Section 295(1)”

Section References (mined)Section 295Section 295(1)49 judgments

The decision most relied on for Section 295(1) is 295 ITR 105 (Del) CIT v. Dharam Pal Prem (303 ITR 95), cited in 121 judgments on BharatTax.

Leading authorities on Section 295(1)

295 ITR 105 (Del) CIT v. Dharam Pal Prem
303 ITR 95 · 2008 · High Court
121
citing judgments

Statements recorded under Section 131 of the Act do not hold evidentiary value and cannot be relied upon to draw adverse inferences against the assessee, especially without corroborative evidence or proper enquiry.

CIT v. Gujarat Maritime Board
295 ITR 561 · 2007 · Supreme Court
98
citing judgments

A statutory corporation undertaking activities that generate income qualifies as a charitable entity under Section 2(15) if its dominant object is general public utility and it is legally obligated to apply its income solely for that purpose, even if the activities appear to be in the nature of trade or business. Such an entity is entitled to registration under Section 12A and exemptions under Section 11.

CIT v. Khoday Eswarsa & Sons 1972 CTR (SC) 295
83 ITR 369 · 1972 · Supreme Court
94
citing judgments

Penalty under section 271(1)(c) cannot be levied solely on the basis of findings in the assessment proceedings. The Assessing Officer must discharge the burden of proving concealment or inaccurate particulars with additional material.

Sambhaji and Others v. Gangabai and Others
17 SCC 117 · 2008 · Supreme Court
87
citing judgments

Procedural law serves as an aid to justice, not an obstruction, and should not ordinarily be construed as mandatory; it is subservient to substantive justice.

CIT v. K. Ravindranathan Nair
295 ITR 228 · 2007 · Supreme Court
57
citing judgments

The computation of deduction under Section 80HHC requires applying the formula: Profits derived from exports = (Profits of the business x Export Turnover) / Total Turnover. For this calculation, miscellaneous income, sundry sales, and income from services, if not directly relatable to export activity, are generally to be excluded from "profits of the business" and "total turnover".

CIT v. Bajargan Traders
86 Taxmann.com 295 · 2017 · High Court
45
citing judgments

Excess stock of regularly traded items or excess cash, when found during a survey and properly explained as arising from business, constitutes business income, thereby avoiding assessment under sections 69, 69A, 69B and the higher tax rate prescribed by section 115BBE.

Delhi in CIT v. Best Plastics (P) Ltd.
295 ITR 256 · 2007 · High Court
41
citing judgments

Assessment orders passed by an Assessing Officer are liable to be set aside if they disregard binding instructions or circulars issued by the Central Board of Direct Taxes (CBDT), especially concerning the selection of returns for scrutiny. The CBDT circulars are binding on all officers of the Income-tax department.

CIT v. Standard Brands Ltd.
285 ITR 295 · 2006 · High Court
41
citing judgments

Penalty proceedings under Section 271D or 271E are not justified if no regular assessment order has been framed; merely processing a return under Section 143(1)(a) is insufficient to initiate such penalty action.

Judgments citing Section 295(1)