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“Section 4(6)(b)”

Section References (mined)Section 4Section 4(6)(b)2 judgments

The decision most relied on for Section 4(6)(b) is CIT v. Jain Exports (P.) Ltd. (35 Taxmann.com 540), cited in 32 judgments on BharatTax.

Leading authorities on Section 4(6)(b)

CIT v. Jain Exports (P.) Ltd.
35 Taxmann.com 540 · 2013 · High Court
32
citing judgments

A credit amount outstanding for several years cannot be treated as a remission or cessation of a trading liability under Section 41(1) merely because the assessee could not prove the genuineness of the transaction or because the liability is barred by limitation.

6. Shree Bhairav Seva Samiti v. Income-tax Officer (Exemption)
149 Taxmann.com 478 · 2023 · ITAT
18
citing judgments

Exemption under section 11 of the Income Tax Act cannot be denied merely because Form 10B was not filed along with the return of income, as this is a procedural requirement and not a mandatory condition for claiming exemption.

DCIT v. Sanmukhdas Wadhwani
85 ITD 734 · 2003 · ITAT
16
citing judgments

Separate additions to income cannot be made by an Assessing Officer for the same investment if its source has already been subjected to tax, even if the addition is based on a statement recorded under Section 132(4).

Judgments citing Section 4(6)(b)

Satyam Transformers Private Limited, Aurangabad vs. ITO Ward 2(3), Aurangabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1239/PUN/2025[2015-16]Status: DisposedITAT Pune27 Oct 2025AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1239/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Satyam Transformers Private Limited, Ito, Ward-2(3), Sharadanand, Opposite Telephone Office, Aurangabad Ajabnagar, Aurangabad-431001 Vs. Pan : Aakcs4648D अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Shubham N. Rathi Department By : Shri Akhilesh Srivastva Date Of Hearing : 04-08-2025 Date Of 27-10-2025 Pronouncement : आदेश / Order

For Appellant: Shri Shubham N. RathiFor Respondent: Shri Akhilesh Srivastva
Section 143(2)Section 143(3)Section 250Section 72

Bench of the Tribunal in the case of M/s. Lifecell International Private Limited in ITA No. 3334/CHNY/2019 dated 02.11.2022 and the provisions of section 4(6)(b) of the DTVSV Act, 2020, the Ld. AR submitted that the Tribunal under the identical set of facts, has upheld the maintainability

Dipti Enterprise, Mumbai vs. Income Tax Officer Ward 33(1)(4), Mumbai

In the result, appeal of the assessee is allowed for statistical

ITA 1653/MUM/2025[2014-15]Status: DisposedITAT Mumbai08 May 2025AY 2014-15

Bench: Shri Saktijit Dey, Hon'Ble & Shri Narendra Kumar Billaiya, Hon'Ble

For Appellant: Shri Devendra Jain, A/RFor Respondent: Shri Govindrao J. Ninawe, Sr. D/R
Section 115JSection 194ISection 4Section 4(6)(b)Section 5

Form-5 was never issued to the Appellant, the application in From-1 itself was void-ab-initio pursuant to provisions of section 4(6)(b) of the said Act which presumes that no declaration was ever made by the Appellant. 2. In the facts and circumstances of the case