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“Section 155(2)”

Section References (mined)Section 155Section 155(2)3 judgments

The decision most relied on for Section 155(2) is CIT v. Tasgaon Taluka S.S.K. Ltd. (103 Taxmann.com 57), cited in 306 judgments on BharatTax.

Leading authorities on Section 155(2)

CIT v. Tasgaon Taluka S.S.K. Ltd.
103 Taxmann.com 57 · 2019 · Supreme Court
306
citing judgments

The Supreme Court holds that the issue of payment of excessive price on purchase of sugarcane by assesses is no longer res integra. The court elaborately dealt with this issue.

Dr. Partap Singh v. Director of Enforcement
155 ITR 166 · 1985 · Supreme Court
52
citing judgments

The phrase "so far as may be" in a statutory provision indicates that the referred procedures, such as those for conducting searches, are to be generally followed to the extent possible, meaning they are not mandatory in every minute detail but applied practically.

CIT v. Mother India Refrigeration Industries (P.) Ltd.
155 ITR 711 · 1985 · Supreme Court
47
citing judgments

Legal fictions and deeming provisions are created for definite purposes and must be limited strictly to that purpose, not extended beyond their legitimate field or the explicit mandate of the section. This principle requires strict interpretation of such provisions.

Saxo India (P) Ltd. v. ACIT
67 Taxmann.com 155 · 2016 · Reported
41
citing judgments

M/s E Zest Solutions Ltd. is a good comparable company and should be retained for transfer pricing benchmarking purposes.

Tanmac India v. DCIT
78 Taxmann.com 155 · 2017 · High Court
36
citing judgments

Reassessment proceedings are not justified if initiated based on material already on record, as this constitutes a mere change of opinion and not the discovery of fresh tangible material.

ACIT v. Jindal Power Ltd.
70 Taxmann.com 389 · 2016 · ITAT
30
citing judgments

Expenditure incurred voluntarily for Corporate Social Responsibility (CSR) purposes is not disallowed if Section 37(1) Explanation 2, which applies to statutory obligations, is not triggered. Additionally, Section 37 is prospective from AY 2015-16, making it inapplicable for AY 2013-14 disallowances.

Pvt. Ltd. (1985) 155 ITR 442 (AP). In Yaggina Veera Ragha Vulu and Mavuleti Somaraju & Co. v. CIT
62 ITR 528 · 1966 · High Court
28
citing judgments

Where an Assessing Officer rejects an assessee's accounts and estimates income to their detriment, the assessee is entitled to know the basis of the estimation and an opportunity to rebut it.

Calcutta in Reliance Jute Industries Ltd. v. Income Tax Officer
150 ITR 643 · 1984 · High Court
23
citing judgments

The Assessing Officer (AO) is not required to refer the valuation to the District Valuation Officer (DVO) if the AO has conducted a detailed inquiry and is satisfied with the cost of construction. Strict adherence to procedural requirements is essential; failure to comply with mandatory conditions renders the assessment based on such non-compliance invalid.

Judgments citing Section 155(2)

Section 155(2) — 3 case laws | BharatTax