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“Section 10(44)”

Section References (mined)Section 10Section 10(44)2 judgments

The decision most relied on for Section 10(44) is Shyam Sunder v. Ram Kumar, (2001) 8 SCC 24 (para 44); Brij Mohan Das Laxman Das v. CIT (5 SCC 482), cited in 261 judgments on BharatTax.

Leading authorities on Section 10(44)

Shyam Sunder v. Ram Kumar, (2001) 8 SCC 24 (para 44); Brij Mohan Das Laxman Das v. CIT
5 SCC 482 · 1997 · Supreme Court
261
citing judgments

For income to be assessable under the head 'Income from House Property' as per Section 22 of the Income Tax Act, 1961, beneficial ownership or the right to enjoy the property is sufficient; legal ownership is not a mandatory prerequisite.

LIC of India v. CIT
51 ITR 773 · 1964 · Supreme Court
64
citing judgments

The assessment of profits for an insurance business is exclusively governed by the specific rules prescribed in the First Schedule to the Income Tax Act and Section 44, thereby precluding the Assessing Officer from applying general computation provisions, such as sections 28 to 43B, disallowances under Section 14A, or making adjustments outside these specific statutory rules.

Abdul Kayoom (K.T.M.T.M.) v. Commissioner of Income Tax
44 ITR 689 · 1962 · Supreme Court
51
citing judgments

To determine if an expenditure is capital or revenue, one must consider the nature of the business, the expenditure, the right acquired, and their inter-relation. The concept of 'enduring benefit' is descriptive and relative, not synonymous with perpetual.

CIT v. New Delhi Television Ltd.
360 ITR 44 · 2014 · High Court
51
citing judgments

An assessment order is 'erroneous' under Section 263 only if it is contrary to law or based on a mistaken application of legal principles. Revision orders are unsustainable if they are not founded on such an error in the original assessment.

Insurance Co.Ltd. v. DCIT
102 Taxmann.com 292 · 2019 · High Court
33
citing judgments

Reinsurance premium payments made to non-resident reinsurers are deductible business expenses, and disallowance on this ground is unsustainable.

Life Insurance Corporation of India v. CIT
115 ITR 45 · 1978 · High Court
30
citing judgments

The assessment of profits for insurance companies is governed by specific rules within schedules, and the Assessing Officer (AO) cannot make adjustments if Section 44 has been invoked. Insurance businesses may be entitled to exemptions under Section 10(15) even when Section 44 applies, as Section 44 does not exclude such claims.

CIT v. Indian Jute Mills Association
134 ITR 68 · 1982 · High Court
30
citing judgments

Expenditure incurred includes depreciation claims. Necessary provisions required by statute, such as for gratuity and leave encashment, can be considered as applied for the objects of a trust.

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).

Judgments citing Section 10(44)