“Section 67(3)”
The decision most relied on for Section 67(3) is CIT v. Bhaichand H. Gandhi (141 ITR 67), cited in 237 judgments on BharatTax.
Leading authorities on Section 67(3)
Section 68 of the Income Tax Act cannot be invoked for additions of cash credits found solely in a bank passbook, as a passbook maintained by the bank is not considered a 'book of the assessee' for the purpose of this section, especially when the assessee does not maintain their own books of account.
If a statute or law prescribes that a thing must be done in a particular manner, then it must be done in that manner alone and in no other way. This principle mandates strict adherence to statutory procedures.
Where purchases are accepted as genuine and a deduction allowed, the corresponding liability cannot be added under Section 68. The case also provides authority on the application of Section 69C when suppliers are non-genuine but the purchases themselves are not doubted.
The determination of whether a transaction involving the sale and purchase of shares (or other assets) constitutes a trading transaction (business income) or an investment (capital gains) is a mixed question of law and fact. Courts must consider cumulative factors, including the assessee's habitual dealing and the intention at the time of the initial acquisition, rather than applying abstract tests.
Payment for human intervention to install or put equipment in place, distinct from human intervention involved in the transportation of calls between networks, does not constitute Fee for Technical Services (FTS) under section 9(1)(vii) of the Income-tax Act.
To disallow long-term capital gains, the Assessing Officer must rely on cogent proof, not mere suspicion or presumption, regarding share price manipulation or the nature of the companies involved.
Reimbursement of expenses does not constitute income and is therefore not taxable as a revenue receipt. Such receipts are treated as a reduction of cost rather than income.
For a bad debt to be allowable as a deduction, it must be a debt that, if good, would have increased the taxable profits. An expenditure for running a school for employees' children in a remote area can be considered an allowable expenditure for the welfare of employees.