“Section 89(1)”
The decision most relied on for Section 89(1) is ACG Associated Capsules (P) Ltd. v. CIT (343 ITR 89), cited in 144 judgments on BharatTax.
Leading authorities on Section 89(1)
For calculation of deduction under Section 80HHC, if total interest is netted off after adjusting interest paid and received, the 90% reduction specified in Explanation (baa) is not applicable.
Income arising from mutual activities carried out by clubs or associations solely among their members is not assessable for income tax, as it does not constitute income from a trade or business due to the principle of mutuality.
The Supreme Court holds that income tax is levied on real income, not on hypothetical or notional accrual. For income to be taxable, it must genuinely accrue or be received, taking into account the realistic probability of its realization.
When unaccounted cash or on-money receipts are detected, only the profit element embedded in such receipts is taxable, not the entire gross amount, and this profit requires estimation.
High turnover serves as a valid criterion for excluding a company from the list of comparable companies when determining the Arm's Length Price (ALP) in transfer pricing adjustments.
An assessment notice issued under section 143(2) is invalid if it is not issued by the Income Tax Officer (ITO) as per CBDT Instruction No. 1/2011, even if issued by an Assistant Commissioner of Income Tax (ACIT). Such an invalid notice renders the subsequent assessment void.
All expenses connected with exempt income must be disallowed, irrespective of their nature (direct, indirect, fixed, variable, managerial, or financial).
Issuance of corporate guarantee by a parent company to a financial institution for lending money to a subsidiary, where the guarantee costs the parent nothing and does not impact its profits, income, losses, or assets, falls outside the scope of an international transaction under Section 92B(1) of the Income-tax Act.