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“Section 89(1)”

Section References (mined)Section 89Section 89(1)38 judgments

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)

ACG Associated Capsules (P) Ltd. v. CIT
343 ITR 89 · 2012 · Supreme Court
144
citing judgments

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.

Chelmsford Club v. CIT
243 ITR 89 · 2000 · Supreme Court
100
citing judgments

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.

CIT v. Birla Gwalior (P.) Ltd.
89 ITR 266 · 1973 · Supreme Court
83
citing judgments

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.

DCIT v. Panna Corporation
74 DTR 89 · 2012 · High Court
67
citing judgments

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.

Dell International Services India (P) Ltd. v. DCIT
89 Taxmann.com 44 · 2018 · ITAT
54
citing judgments

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.

Krishnendu Chowdhury v. ITO
78 Taxmann.com 89 · 2017 · ITAT
46
citing judgments

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.

DCIT v. S.G. Investments & Industries Ltd.
89 ITD 44 · 2004 · ITAT
29
citing judgments

All expenses connected with exempt income must be disallowed, irrespective of their nature (direct, indirect, fixed, variable, managerial, or financial).

DCIT, Circle-8(1), Kolkata v. M/s EIH Ltd.
89 Taxmann.com 417 · 2018 · ITAT
15
citing judgments

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.

Judgments citing Section 89(1)

Anil Bhagwan Turuk, Pune vs. ITO Ward 8(3), Pune

In the result, appeal of the assessee in ITA No

ITA 2585/PUN/2025[2020-21]Status: DisposedITAT Pune13 Feb 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2584 & 2585/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Anil Bhagwan Turuk, V Income Tax Officer, 431/2329, Sant Tukaram S Ward-8(3), Pune. Nagar, Pimpri, Haveli, Pune – 411018. Pan: Aappt2146K Appellant/ Assessee Respondent /Revenue Assessee By Smt. Deepa Khare Revenue By Shri Ajitesh Kumar Meena – Addl.Cit Date Of Hearing 29/01/2026 Date Of Pronouncement 13/02/2026 आदेश/ Order Per Bench : These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2020-21 Dated 23.07.2025 & 28.08.2025 Emanating From The Assessment Order Passed Under Section 143(3) Read With Section 144B Of The Act, Dated 13.09.2022 & Penalty Order Under Section 270A Of The Act, Dated 22.03.2023 Respectively. For The Sake Of Convenience

Section 10Section 10(10)Section 143(3)Section 144BSection 250Section 270ASection 89(1)

during assessment proceedings. Substantial justice is more important than the procedural delay. Admittedly, Assessee had not filed the details of arrear salary and Section 89(1) claim during assessment proceedings, but for this mistake, Assessee should not be made to pay double tax. In these facts and circumstances

Anil Bhagwan Turuk, Pune vs. ITO Ward 8(3), Pune

In the result, appeal of the assessee in ITA No

ITA 2584/PUN/2025[2020-21]Status: DisposedITAT Pune13 Feb 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2584 & 2585/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Anil Bhagwan Turuk, V Income Tax Officer, 431/2329, Sant Tukaram S Ward-8(3), Pune. Nagar, Pimpri, Haveli, Pune – 411018. Pan: Aappt2146K Appellant/ Assessee Respondent /Revenue Assessee By Smt. Deepa Khare Revenue By Shri Ajitesh Kumar Meena – Addl.Cit Date Of Hearing 29/01/2026 Date Of Pronouncement 13/02/2026 आदेश/ Order Per Bench : These Two Appeals Filed By The Assessee Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2020-21 Dated 23.07.2025 & 28.08.2025 Emanating From The Assessment Order Passed Under Section 143(3) Read With Section 144B Of The Act, Dated 13.09.2022 & Penalty Order Under Section 270A Of The Act, Dated 22.03.2023 Respectively. For The Sake Of Convenience

Section 10Section 10(10)Section 143(3)Section 144BSection 250Section 270ASection 89(1)

during assessment proceedings. Substantial justice is more important than the procedural delay. Admittedly, Assessee had not filed the details of arrear salary and Section 89(1) claim during assessment proceedings, but for this mistake, Assessee should not be made to pay double tax. In these facts and circumstances

Arun Kumar Singh, Kanpur N vs. Income Tax Officer Ward 2(2)(3), Kanpur Nagar

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 207/LKW/2025[2014-15]Status: DisposedITAT Lucknow28 Apr 2025AY 2014-15

Bench: Shri. Sudhanshu Srivastavaassessment Year:2014-15 Arun Kumar Singh V. The Income Tax Officer 127/295, W Block Ward 2(2)(3) Keshav Nagar, Kanpur Kanpur Nagar Tan/Pan:Abhps8877K (Appellant) (Respondent) Appellant By: None Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 24 04 2025 Date Of Pronouncement: 28 04 2025 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 31.01.2025, Passed By The Ld. Addl/Jcit(A), Mysore For Assessment Year 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Is A Retired Government Servant. The Assessee Filed His Return Of Income On 23.07.2014, Declaring A Total Income Of Rs.45,32,620/-, Claiming Relief Of Rs.2,95,058/- Under Section 89(1) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’). The Centralized Processing Centre (Cpc), Bangalore Processed The Return Under Section 143(1) Of The Act, Determining The Total Income Of The Assessee At Rs.45,32,620/-. While Processing The Return Of Income Of The Assessee, The Cpc Denied The Relief

For Appellant: NoneFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 143(1)Section 89(1)

assessee filed his return of income on 23.07.2014, declaring a total income of Rs.45,32,620/-, claiming relief of Rs.2,95,058/- under section 89(1) of the Income Tax Act, 1961 (hereinafter called “the Act’). The Centralized Processing Centre (CPC), Bangalore processed the return under section 143(1 ... Departmental Representative and have also perused the material on record. A perusal of record shows that the relief claimed by the assessee under section 89(1) of the Act of Rs.2,95,058/- was denied by the CPC on the ground that the requisite Form 10E was not e-filed