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“Section 10(26)”

Section References (mined)Section 10Section 10(26)113 judgments

The decision most relied on for Section 10(26) is Western India Vegetable Products Ltd. v. CIT (26 ITR 151), cited in 108 judgments on BharatTax.

Leading authorities on Section 10(26)

Western India Vegetable Products Ltd. v. CIT
26 ITR 151 · 1954 · High Court
108
citing judgments

Revenue expenditure incurred after a business is set up and ready to commence, but before its actual commencement, is allowable as a deduction even if no income is earned in that period. The previous year for a business begins from the date it is set up.

DHFL Venture Capital Fund v. ITO
358 ITR 471 · 2013 · High Court
66
citing judgments

Reassessment proceedings cannot be initiated solely for the purpose of making a protective addition. Such proceedings are not valid in the eyes of law.

Pandit Bros. v. CIT
26 ITR 159 · 1954 · High Court
48
citing judgments

Low profits alone, or minor defects such as the non-maintenance of a stock register, do not justify the rejection of regularly maintained books of account under Section 145, nor do they permit additions to income without proving specific errors.

Council), V.Damodaran v. CIT Kerala 64 ITR 26(Ker.), Champion Engineering Works Ltd. v. CIT
87 ITR 650 · 1973 · High Court
32
citing judgments

A payment made to eliminate competition is a capital expenditure, not a deductible business expense, as it secures an enduring benefit.

(CIT v. Cochin Co. Pvt. Ltd.
104 ITR 655 · 1976 · High Court
32
citing judgments

A protective assessment is permissible when the assessing officer has doubt regarding who is in receipt of income, but a recovery based on a protective assessment is not allowed. If an assessment is intended to be protective, it must be clearly stated as such.

Tata Capital Financial Services Ltd. v. Asst. CIT
137 Taxmann.com 315 · 2022 · High Court
29
citing judgments

When reopening an assessment, the assessing officer must provide the assessee with a copy of the superior officer's approval, including their comments, name, designation, and date, not merely state the reasons in a letter. This ensures transparency in the reassessment process.

PCIT v. Kunvarji Commodities Brokers Pvt. Ltd.
432 ITR 180 · High Court
19
citing judgments

A statement recorded under section 132(4) by a third party, without any corroborating incriminating material, cannot be the sole basis for making additions under section 153A or 153C.

DCIT 26 ITR 734 (SC), CIT vs Calcutta Discount Co. Ltd. 91 ITR 8(SC), CIT v. Raman & Co.
13 Taxmann.com 114 · 2011 · High Court
13
citing judgments

Section 68 creates a presumption against the assessee for unexplained credits, but this presumption is rebuttable. The initial burden to rebut the presumption lies with the assessee, which shifts to the revenue once the assessee establishes the genuineness of transactions with creditors.

Judgments citing Section 10(26)

Lalrochuanga Pachuau, Aizawl vs. Income Tax Officer, Ward-30(5), Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed on ground of jurisdiction alone

ITA 3600/DEL/2024[2017-18]Status: DisposedITAT Delhi15 Apr 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.3600/िद"ी/2024 (िन.व. 2017-18) Lalrochuanga Pachuau, House No. 68, Zarkawt South, Near Lps Building, Aizwal, Mizoram 796001 ...... अपीलाथ"/Appellant Pan: Bqipp-4992-D बनाम Vs. Income Tax Officer, Ward-30(5) Civic Centre, Minto Road, ..... "ितवादी/Respondent New Delhi 110002 अपीलाथ" "ारा/ Appellant By : None "ितवादी "ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 15/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 10.06.2024, For Assessment Year 2017-18. 2. A Perusal Of Assessment Order Reveals That For The Assessment Year 2017-18 No Return Of Income Was Filed By The Assessee. During The Period Relevant To Assessment Year Under Appeal, The Assessee Had Made Cash Deposits Amounting To Rs.24,12,500/- In His Axis Bank Account With Aizwal Branch, Mizoram. Notice U/S. 142(1) Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’) Dated

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 10(26)Section 142(1)Section 144Section 69A

that he is from a Schedule Tribe community from the State of Mizoram, hence, his income is not taxable under the provision of section 10(26) of the Act. Further, on merits he explained that the cash deposits in the bank during demonetization period were from the cash in hand