← All Phrases

“Section 10(4)”

Section References (mined)Section 10Section 10(4)76 judgments

The decision most relied on for Section 10(4) is CIT v. Lavanya Land (P) Ltd. (83 Taxmann.com 161), cited in 172 judgments on BharatTax.

Leading authorities on Section 10(4)

CIT v. Lavanya Land (P) Ltd.
83 Taxmann.com 161 · 2017 · High Court
172
citing judgments

In a search assessment under Section 153A or 153C, additions cannot be sustained if the material or transactions relied upon do not relate or pertain to the assessee. Regular books of accounts not unearthed during search do not constitute incriminating material to justify additions.

Radhasoami Satsang v. CIT
244 ITR 734 · 2000 · High Court
168
citing judgments

The Revenue is bound by the rule of consistency and cannot adopt a divergent position in a subsequent assessment year unless there is a change in facts or law.

Bhagirath Aggarwal v. CIT
31 Taxmann.com 274 · 2013 · High Court
144
citing judgments

An addition to income based on statements recorded during search operations under Section 132(4) is valid, and the assessee bears the burden of proving such statements incorrect to justify their deletion. The Assessing Officer can rely on such statements, a proposition affirmed by the Supreme Court's dismissal of the SLP.

ITO, 19(3) (4) Mumbai v. Shamim M Bharwani
69 Taxmann.com 65 · 2016 · Reported
142
citing judgments

Long Term Capital Gains (LTCG) from penny stock transactions are liable to be treated as bogus and added back under Section 68 as unexplained cash credits, especially when evidence suggests the involvement of entry operators providing accommodation entries.

UCO Bank, Calcutta v. Commissioner of Income Tax, W.B
4 SCC 599 · 1999 · Reported
122
citing judgments

Circulars and instructions issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act have the force of law and are binding on all income tax authorities. These circulars can mitigate the rigour of statutory provisions, provide administrative relief, and ensure uniform application of the Act for the benefit of the assessee.

Indian Oil Panipat Power Consortium Ltd. v. ITO
315 ITR 255 · 2009 · High Court
112
citing judgments

Interest earned from the temporary parking of borrowed funds specifically intended for project development, prior to the commencement of business, constitutes a capital receipt inextricably linked to the project and is not taxable as 'income from other sources'.

CIT v. Nagpur Hotel Owners Association
247 ITR 201 · 2001 · Supreme Court
112
citing judgments

While there is no statutory time limit for filing Form 10 to claim exemption for income accumulation under Section 11(2), it must be furnished before the completion of assessment proceedings for the Assessing Officer to grant the exemption.

American Hotel and Lodging Association Educational Institute v. CBDT
301 ITR 86 · 2008 · Supreme Court
111
citing judgments

An educational institution is eligible for exemption under Section 10(23C)(vi) if it exists solely for educational purposes, even if it generates incidental profits. The mere existence of profit does not disqualify an institution from exemption.

Judgments citing Section 10(4)

DCIT Cent. Cir 2(2), Mumbai vs. M/S. Vinati Organics Ltd, Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 1667/MUM/2021[2014-15]Status: DisposedITAT Mumbai28 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1667 To 1669/Mum/2021 (निर्धारण वर्ा / Assessment Years:2014-15 To 2016-17) Dy. Commissioner Of बिधम/ M/S. Vinati Organics Ltd. 11Th Income Tax Floor, 1102, Parinee Vs. Central Circle-2(2), Old Crescenzo, G Block, Plot Cgo Building, 8Th Floor, M. No.C38/39, Behind Mca, K. Road, Mumbai-400020. Bkc, Bandra East, Mumbai- 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacv6538K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri S. N. Kabra (Sr. Ar) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 08/03/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -48, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2014-15 To 2016-17. Ita. No.1667/Mum/2021 2. The Revenue Has Filed The Present Appeal Against The Order Dated 26.07.2021 Passed By The Cit(A)-48, Mumbai Relevant To The A.Y. 2014- 15. 3. The Revenue Has Raised The Following Grounds: - “1. Whether The Cit (A) Was Justified Against The Ao’S Action Not Considering The Claim Of Export Incentive Of Rs. ,66,70,644/- By

For Appellant: NoneFor Respondent: Shri S. N. Kabra (Sr. AR)
Section 115JSection 143(1)Section 143(2)

Officer has disallowed the 'cess' paid by the assessee on the ground that there has been no material change in the provisions of section 10(4) of the Old Act and Section 40(a)(ii) of the new Act. 2. The view of the Income Tax Officer is not correct