“Section 139(8)”
The decision most relied on for Section 139(8) is Zile Singh v. State of Haryana (8 SCC 1), cited in 222 judgments on BharatTax.
Leading authorities on Section 139(8)
A statute or amendment can apply retrospectively even without an express provision, if such application is a necessary implication from the language used, especially for clarificatory amendments or those intended to cure an acknowledged evil for the community's benefit.
Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).
An employer is not statutorily obligated to collect evidence from employees regarding the actual utilization of amounts paid towards leave travel concession or conveyance allowance, unless specific requirements are mandated by law or a CBDT circular.
Assessing Officers and appellate authorities must consider and grant correct deductions for fresh legal claims or revised computations made during assessment or appellate proceedings, subject to due verification.
The levy of interest under the Income Tax Act is part of the assessment process and can be challenged in an appeal if the assessee disputes the chargeability of interest itself. However, claims for waiver or reduction of interest cannot be challenged in appeal and must be pursued through revisional jurisdiction.
Section 43B of the Income Tax Act cannot be invoked if the issue is concluded against the revenue by a prior High Court decision. Such prior decision may preclude further substantial questions of law.
An assessee cannot claim a deduction for an expenditure in a subsequent assessment year if it was a known expenditure in an earlier year and the assessee failed to provide for it or claim it in that earlier year.
An ancillary transaction does not amount to business if the main activity of a person is not business, unless an intention to the contrary is established. The determination of whether an activity constitutes 'business' is based on the facts and circumstances of each case, irrespective of profit motive.
