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“Section 3(1)(h)”

Section References (mined)Section 3Section 3(1)(h)3 judgments

The decision most relied on for Section 3(1)(h) is Indian Molasses Co. Pvt. Ltd. v. CIT (37 ITR 66), cited in 206 judgments on BharatTax.

Leading authorities on Section 3(1)(h)

Indian Molasses Co. Pvt. Ltd. v. CIT
37 ITR 66 · 1959 · Supreme Court
206
citing judgments

Expenditure is defined as money paid out or away, which is gone irretrievably. To be deductible under Section 37(1), expenditure must be wholly and exclusively for business, not capital or personal, and not fall under specific provisions of Sections 30 to 36, often justifiable on grounds of commercial expediency.

Gopal Lal Bhadruka v. DCIT
346 ITR 106 · 2012 · High Court
106
citing judgments

The scope of assessment under Section 153A is not limited solely to seized material but includes any other information provided by the assessee in the return of income filed in response to a Section 153A notice. It also applies principles for estimating undisclosed income, such as from on-money receipts, even if there is material for only some transactions.

CIT v. Max India Ltd. (P&H) High Court
398 ITR 209 · 2017 · High Court
40
citing judgments

No interest disallowance can be made if interest-free funds available are sufficient for interest-free loans and advances.

11. Rakesh Gupta v. CIT P&H High Court
93 Taxmann.com 271 · 2018 · High Court
37
citing judgments

Reopening of assessment is based on a prima facie belief that income has escaped assessment. The Assessing Officer does not need to conclusively prove escapement of income to assume jurisdiction under section 147.

JRD Tata Trust v. DCIT
122 Taxmann.com 275 · 2020 · ITAT
31
citing judgments

Shares held as corpus by a trust, which were a precondition for notification under Section 10(23C), cannot be deemed to forfeit exemption under Section 13(1)(d) and Section 13(2)(h).

General Insurance Corporation of India v. Deputy Commissioner of Income Tax & anr.
342 ITR 27 · 2012 · High Court
29
citing judgments

Exemptions under Section 10 of the Income Tax Act are available to general insurance companies.

Bharat Kalyan Pratisthan v. DIT(Exemption)
299 ITR 406 · 2008 · High Court
28
citing judgments

A trust is entitled to the benefit of Section 11(2) of the Act if the notice of accumulation is furnished before the completion of assessment.

CIT v. Valimkbhai H. Patel
280 ITR 487 · 2006 · High Court
22
citing judgments

Penalty under section 271(1)(c) cannot be levied when additions or disallowances are made on an estimation basis during assessment.

Judgments citing Section 3(1)(h)