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“Section 230(5)”

Section References (mined)Section 230Section 230(5)10 judgments

The decision most relied on for Section 230(5) is 1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust (249 ITR 533), cited in 108 judgments on BharatTax.

Leading authorities on Section 230(5)

1. Father Mullers Charitable Institutions 363 IT 230 (Kar.) 2. DIT(E) v. Sheth Mafatlal Gagalbhai Foundation Trust
249 ITR 533 · 2001 · High Court
108
citing judgments

Income of a trust that is taxable at the maximum marginal rate should be taxed accordingly, while other income is eligible for exemption under Section 11 of the Income-tax Act.

Keshav Mills Ltd. v. CIT
23 ITR 230 · 1953 · Supreme Court
86
citing judgments

Income taxability depends on the real nature of the receipt and actual or constructive receipt of income, not merely on book entries. An amount is only "deemed to be received" if explicitly provided by the Income Tax Act, not by an assessee's unilateral intention.

Judgments citing Section 230(5)

Shriram Finance Ltd., Chennai vs. PCIT, Chennai

ITA 2043/CHNY/2025[2022-23]Status: DisposedITAT Chennai08 Jan 2026AY 2022-23

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2043/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 Shriram Finance Limited, Vs. The Principal Commissioner Of [Since Shriram City Union Finance Income Tax – 3, Limited Amalgamated With Shriram Chennai. Transport Finance Co. Limited & Presently Known As Shriram Finance Limited], Sri Towers, Plot No. 14A, South Phase, Industrial Estate, Guindy, Chennai 600 032. [Pan:Aaacs7018R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Sivaraman, Advocate ""थ" की ओर से/Respondent By : Shri C.N. Bipin, Cit सुनवाई की तारीख/ Date Of Hearing : 15.10.2025 घोषणा की तारीख /Date Of Pronouncement : 08.01.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.05.2025 Passed By The Ld. Principal Commissioner Of Income Tax – 3, Chennai For The Assessment Year 2022-23 Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri R. Sivaraman, AdvocateFor Respondent: Shri C.N. Bipin, CIT
Section 143(3)Section 234DSection 263Section 36(1)(vii)Section 36(1)(viia)Section 4

there was neither representation nor any report filed by the said authorities except as mentioned above. In the said circumstances as per section 230(5) of the 7 I.T.A. No.2043/Chny/25 Companies Act, 2013, this Tribunal presumes that the Department does not have any objection to the sanction of the Scheme

DCIT-CC-5(4), Mumbai vs. Raghuleela Estates Pvt Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed and Cross Objections of the assessee are allowed

ITA 5741/MUM/2024[2016-17]Status: DisposedITAT Mumbai21 May 2025AY 2016-17

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 147Section 148Section 148ASection 24

Income Tax Officer, Ward No.13(3)(1), Mumbai i.e. the then Assessing Officer of WARPL about the proposed amalgamation in pursuance to Section 230(5) of the Companies Act, 2013 (Refer Page No. 149-153 of the Paper Book). - Letter dated 28.7.2021 in response to notice dated 29.6.2021 issued under

DCIT-CC-5(4), Mumbai vs. Raghuleela Estates Pvt Ltd, Mumbai

In the result, all the appeals of the Revenue are dismissed and Cross Objections of the assessee are allowed

ITA 5740/MUM/2024[2013-14]Status: DisposedITAT Mumbai21 May 2025AY 2013-14

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 147Section 148Section 148ASection 24

Income Tax Officer, Ward No.13(3)(1), Mumbai i.e. the then Assessing Officer of WARPL about the proposed amalgamation in pursuance to Section 230(5) of the Companies Act, 2013 (Refer Page No. 149-153 of the Paper Book). - Letter dated 28.7.2021 in response to notice dated 29.6.2021 issued under

DCIT -CC-5(4), Mumbai vs. Raghuleela Estate Private Limited, Mumbai

In the result, all the appeals of the Revenue are dismissed and Cross Objections of the assessee are allowed

ITA 5739/MUM/2024[2020-21]Status: DisposedITAT Mumbai21 May 2025AY 2020-21

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 143(3)Section 147Section 148Section 148ASection 24

Income Tax Officer, Ward No.13(3)(1), Mumbai i.e. the then Assessing Officer of WARPL about the proposed amalgamation in pursuance to Section 230(5) of the Companies Act, 2013 (Refer Page No. 149-153 of the Paper Book). - Letter dated 28.7.2021 in response to notice dated 29.6.2021 issued under

Dy CIT CC-1(4), Mumbai vs. M/S Grasim Industries Ltd., Mumbai

ITA 41/MUM/2021[2018-19]Status: DisposedITAT Mumbai30 Nov 2022AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. J.D Mistry, Sr. AdvFor Respondent: Shri Anil Singh
Section 115OSection 115QSection 2

sent to the Ld. AO, intimating about the scheme of arrangement and calling for objections, if any, as mandated by Section 230(5) of the Companies Act, 2013 (Page No. 292 to 294 of Vol I FPB). ITA Nos. 1935/MUM/2020 & 41/MUM/2021 Grasim Industries Ltd. 2018-19 6. The Revenue

Grasim Industries Ltd., Mumbai vs. Dy CIT, Central Circle-1(4), Mumbai

ITA 1935/MUM/2020[2018-19]Status: DisposedITAT Mumbai30 Nov 2022AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. J.D Mistry, Sr. AdvFor Respondent: Shri Anil Singh
Section 115OSection 115QSection 2

sent to the Ld. AO, intimating about the scheme of arrangement and calling for objections, if any, as mandated by Section 230(5) of the Companies Act, 2013 (Page No. 292 to 294 of Vol I FPB). ITA Nos. 1935/MUM/2020 & 41/MUM/2021 Grasim Industries Ltd. 2018-19 6. The Revenue

Keystone Realtors Pvt Ltd, Mumbai vs. Dy CIT CC 2(4), Mumbai

In the result, the appeal by the assessee is partly allowed for statistical purposes

ITA 611/MUM/2020[2014-15]Status: DisposedITAT Mumbai14 Nov 2022AY 2014-15

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Naresh KumarFor Respondent: Shri Rakesh Ranjan
Section 14ASection 250Section 37

aggrieved, the assessee is in appeal before us. 60. During the hearing, learned AR by referring to the notice dated 25/04/2017 issued under section 230(5) of the Companies Act, 2013 submitted that the Income Tax authority was informed about the proceeding before Hon’ble NCIT regarding the merger ... that vide notice dated 25/04/2017 issued under Keystone Realtors Pvt. Ltd. ITA No.3004/Mum./2019 ITA No.611/Mum./2020 ITA No.4229/Mum./2019 ITA No.1228/Mum./2020 section 230(5) of the Companies Act, 2013 the income tax authorities were informed about the continuation of the proceeding of the merger before

Keystone Realtors Pvt Ltd., Mumbai vs. Dy CIT CC 2(4), Mumbai

In the result, the appeal by the assessee is partly allowed for statistical purposes

ITA 1228/MUM/2020[2015-16]Status: DisposedITAT Mumbai14 Nov 2022AY 2015-16

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Naresh KumarFor Respondent: Shri Rakesh Ranjan
Section 14ASection 250Section 37

aggrieved, the assessee is in appeal before us. 60. During the hearing, learned AR by referring to the notice dated 25/04/2017 issued under section 230(5) of the Companies Act, 2013 submitted that the Income Tax authority was informed about the proceeding before Hon’ble NCIT regarding the merger ... that vide notice dated 25/04/2017 issued under Keystone Realtors Pvt. Ltd. ITA No.3004/Mum./2019 ITA No.611/Mum./2020 ITA No.4229/Mum./2019 ITA No.1228/Mum./2020 section 230(5) of the Companies Act, 2013 the income tax authorities were informed about the continuation of the proceeding of the merger before

Keystone Realtors Pvt Ltd., Mumbai vs. DCIT, Central Circle-2(4), Mumbai

In the result, the appeal by the assessee is partly allowed for statistical purposes

ITA 4229/MUM/2019[2015-16]Status: DisposedITAT Mumbai14 Nov 2022AY 2015-16

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Naresh KumarFor Respondent: Shri Rakesh Ranjan
Section 14ASection 250Section 37

aggrieved, the assessee is in appeal before us. 60. During the hearing, learned AR by referring to the notice dated 25/04/2017 issued under section 230(5) of the Companies Act, 2013 submitted that the Income Tax authority was informed about the proceeding before Hon’ble NCIT regarding the merger ... that vide notice dated 25/04/2017 issued under Keystone Realtors Pvt. Ltd. ITA No.3004/Mum./2019 ITA No.611/Mum./2020 ITA No.4229/Mum./2019 ITA No.1228/Mum./2020 section 230(5) of the Companies Act, 2013 the income tax authorities were informed about the continuation of the proceeding of the merger before

Keystone Realtors Private Limited, Mumbai vs. Deputy Commissioner of Income Tax - Central Circle 2(4), Mumbai

In the result, the appeal by the assessee is partly allowed for statistical purposes

ITA 3004/MUM/2019[2013-14]Status: DisposedITAT Mumbai14 Nov 2022AY 2013-14

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Naresh KumarFor Respondent: Shri Rakesh Ranjan
Section 14ASection 250Section 37

aggrieved, the assessee is in appeal before us. 60. During the hearing, learned AR by referring to the notice dated 25/04/2017 issued under section 230(5) of the Companies Act, 2013 submitted that the Income Tax authority was informed about the proceeding before Hon’ble NCIT regarding the merger ... that vide notice dated 25/04/2017 issued under Keystone Realtors Pvt. Ltd. ITA No.3004/Mum./2019 ITA No.611/Mum./2020 ITA No.4229/Mum./2019 ITA No.1228/Mum./2020 section 230(5) of the Companies Act, 2013 the income tax authorities were informed about the continuation of the proceeding of the merger before