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“Section 10(4)(ii)”

Section References (mined)Section 10Section 10(4)(ii)13 judgments

The decision most relied on for Section 10(4)(ii) is ITO v. Frigsales (India) Ltd. (4 SOT 376), cited in 38 judgments on BharatTax.

Leading authorities on Section 10(4)(ii)

ITO v. Frigsales (India) Ltd.
4 SOT 376 · 2005 · ITAT
38
citing judgments

Capital gains arising on a depreciable asset, which are exempt under Section 50, are to be excluded from the calculation of deemed profits under Section 115JA, as the exemption is preserved by Section 115JA(4).

Welham Boys' School Society v. CBDT
285 ITR 74 · 2006 · High Court
36
citing judgments

An order passed by the CIT under Section 12A of the Income Tax Act is quasi-judicial. Until October 1, 2004, there was no express provision in the Act for the CIT to cancel a registration certificate once granted.

Privy Council in CIT v. Gurupada Dutta
14 ITR 100 · 1946 · Reported
26
citing judgments

A rate imposed upon a business owner or occupier, where the quantum is fixed after considering the owner's circumstances including business income, is not assessed on the basis of profits and is therefore allowable as a business expense.

Judgments citing Section 10(4)(ii)

Neeta Bhambhani, Bengaluru vs. DCIT, (It), Circle-1(1), Bengaluru

In the result, I pass the following:-

ITA 3124/BANG/2025[2017-18]Status: DisposedITAT Bangalore12 Feb 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Adv. Ema Bindu, A.RFor Respondent: Dr. Divya K.J., CIT D.R
Section 10(4)(ii)Section 143(3)Section 148Section 148ASection 151Section 69

duly credited to the NRE Account and which was duly disclosed in the return of income, with a claim for exemption under section 10(4)(ii) of the Income Tax Act, 1961 hence the basis on which the interest inco0me claim is rejected is bad in law. 5. The learned

Zacharia Varughese, Kottayam vs. ITO Ward 5, Kottayam

Appeal of the assessee is partly allowed for statistical purposes

ITA 131/COCH/2023[2015-16]Status: DisposedITAT Cochin12 Jan 2026AY 2015-16

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2015-16

For Appellant: Shri Thomas Joseph, CAFor Respondent: Ms. Leena Lal, Sr. DR
Section 10(4)Section 10(4)(ii)Section 143(3)Section 255(4)Section 69

Third Member on the following questions:- “ 1. Whether, in the facts and circumstances of the case, the assessee's impugned exemption claim under section 10(4) (ii) read with Proviso thereto, deserves to be accepted or not? 2. Whether, in the facts and circumstances of the case, both the learned ... lower authorities have rightly disallowed assessee's exemption claim of his interest income derived from "NRE" account under section 10(4)(ii) of the Act on the ground that he is a "resident" in the relevant previous year, or not?” 8. The ld. Third Member passed his order

Dy. Commissioner of Income-Tax, International Taxation, Jaipur vs. Bharat Kumar Manghnani, Jaipur

In the result, appeal of the revenue is dismissed

ITA 872/JPR/2025[2018-19]Status: DisposedITAT Jaipur29 Sept 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

For Appellant: Mrs. Suhani Meharwal, C.AFor Respondent: Mrs. Alka Gautam, CIT-DR
Section 142(1)Section 148Section 151Section 250Section 69Section 69A

interpretation of the law. Ground No. 1.5 Addition u/s 69A Unexplained Money  Even the interest earned on NRE deposits, which is exempt under section 10(4)(ii), was wrongly added by the AO. The ld. CIT (A) has rightly deleted this addition. Conclusion: In light of the above, the order ... submitted that this is the interest amount earned by the assessee on NRE deposits, which is exempt under section 10(4)(ii) of the IT Act, 1961. The ld. CIT (A) while deleting this addition, has dealt with the matter in para 10.1 & 10.2 of his order as under

P K Kunhiraman, Thrissur vs. Deputy Commissioner of Income Tax, Thrissur

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 681/COCH/2024[2016-2017]Status: DisposedITAT Cochin30 May 2025AY 2016-2017

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.V.N.Guruvayurappan, CAFor Respondent: Sri.Sundarasan S, CIT-DR &
Section 10(4)Section 10(4)(ii)Section 143(1)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member & Shri Prakash Chand Yadav

P K Kunhiraman, Thrissur vs. Deputy Commissioner of Income Tax, Thrissur

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 680/COCH/2024[2015-2016]Status: DisposedITAT Cochin30 May 2025AY 2015-2016

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.V.N.Guruvayurappan, CAFor Respondent: Sri.Sundarasan S, CIT-DR &
Section 10(4)Section 10(4)(ii)Section 143(1)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member & Shri Prakash Chand Yadav

P K Kunhiraman, Thrissur vs. Deputy Commissioner of Income Tax, Thrissur

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 674/COCH/2024[2014-2015]Status: DisposedITAT Cochin30 May 2025AY 2014-2015

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.V.N.Guruvayurappan, CAFor Respondent: Sri.Sundarasan S, CIT-DR &
Section 10(4)Section 10(4)(ii)Section 143(1)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member & Shri Prakash Chand Yadav

Pathirikattu Kalam Kunhiraman, Ayyanthole vs. Deputy Commissioner of Income Tax, Thrissur

In the result, all the appeals filed by the assessee are allowed for statistical purposes

ITA 672/COCH/2024[2013-2014]Status: DisposedITAT Cochin30 May 2025AY 2013-2014

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.V.N.Guruvayurappan, CAFor Respondent: Sri.Sundarasan S, CIT-DR &
Section 10(4)Section 10(4)(ii)Section 143(1)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member & Shri Prakash Chand Yadav

Alok Joshi, Uttrakhand vs. Income Tax Officer (It)-3(1)(1), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1247/MUM/2025[2008-09]Status: DisposedITAT Mumbai28 Apr 2025AY 2008-09

Bench: SHRI PAWAN SINGH (Judicial Member)

Section 10(34)Section 10(4)Section 10(4)(ii)Section 254(1)

assessee is maintaining Non-Resident External Account (NRE). The assessee earned interest of Rs. 62,933/- which is claimed as exempt under section 10(4)(ii) of the Income Tax Act (Act). The assessee also earned/received dividend of Rs. 412/- which is exempt under section. 10

Rajendra Maganbhai Patel, Mumbai vs. The Asstt. Commissioner of Income Tax, Circle International Taxation, Vadodara

ITA 106/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad04 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.105/Ahd/2023 & 106/Ahd/2023 निर्धारण वर्ष / Assessment Years : 2013-14 & 2015-16 Respectively Rajendra Maganbhai Patel C-1/8, Bhadran Nagar S.V. Road, Malad West Mumbai - 400 064 Maharashtra स्थायी लेखा सं./Pan: Asipp 5675 N बनाम / V/S. The Asstt.Commissioner Of Income Tax, Circle International Taxation, Vadodara (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Tushar Hemani, Sr.Advocate & Revenue By : Shri Parimalsinh N. Parmar, Ar Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 04/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals By The Assessee Pertain To Assessment Years (Ays) 2013-14 & 2015-16 & Are Directed Against The Final Assessment Orders Passed By The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144C(13) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Pursuant To The Directions Of The Dispute Resolution Panel [Hereinafter Referred To As “Drp”]. The Core Issue In Both The Appeals Concerns The Addition Made By The Ao On Account Of Credits In The Assessee'S Non- Resident External (Nre) Bank Accounts.

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri Parimalsinh N. Parmar, AR
Section 143(2)Section 147Section 148

4) of the Act provides an exemption for certain incomes earned by a Non-Resident Indian (NRI) in India. The relevant provision i.e. Section 10(4) (ii) is as follows: ITA Nos.105 & 106/Ahd/2023 Rajendra Manganbhai Patel vs. ACIT Asst. Years: 2013-14 & 2015-16 10 in the case ... pertain to credits in NRE accounts maintained with HDFC Bank, Deutsche Bank, and HSBC Bank. The assessee has claimed exemption under Section 10(4)(ii) of the Act, arguing that the credited funds originated from foreign sources and should not be taxed in India. The AO made additions based

Rajendra Maganbhai Patel, Mumbai vs. The Asstt. Commissioner of Income Tax, Circle International Taxation, Vadodara

ITA 105/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad04 Mar 2025AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.105/Ahd/2023 & 106/Ahd/2023 िनधा"रण वष" /Assessment Years : 2013-14 & 2015-16 Respectively Rajendra Maganbhai Patel The Asstt.Commissioner Of बनाम/ C-1/8, Bhadran Nagar Income Tax, Circle V/S. S.V. Road, Malad West International Taxation, Mumbai – 400 064 Vadodara Maharashtra "थायी लेखा सं./Pan: Asipp 5675 N (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh N. Parmar, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 26 /02/2025 घोषणा की तारीख /Date Of Pronouncement: 04 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals By The Assessee Pertain To Assessment Years (Ays) 2013-14 & 2015-16 & Are Directed Against The Final Assessment Orders Passed By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Pursuant To The Directions Of The Dispute Resolution Panel [Hereinafter Referred To As “Drp”]. The Core Issue In Both The Appeals Concerns The Addition Made By The Ao On Account Of Credits In The Assessee’S Non- Resident External (Nre) Bank Accounts.

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 143(2)Section 147Section 148

4) of the Act provides an exemption for certain incomes earned by a Non-Resident Indian (NRI) in India. The relevant provision i.e. Section 10(4) (ii) is as follows: ITA Nos.105 & 106/Ahd/2023 Rajendra Manganbhai Patel vs. ACIT Asst. Years : 2013-14 & 2015-16 in the case of an individual ... pertain to credits in NRE accounts maintained with HDFC Bank, Deutsche Bank, and HSBC Bank. The assessee has claimed exemption under Section 10(4)(ii) of the Act, arguing that the credited funds originated from foreign sources and should not be taxed in India. The AO made additions based

Alan Moses Mozes, Mumbai vs. The Income Tax Officer, Ward-1, Intl. Taxn., Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 542/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad24 Jul 2024AY 2018-19

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Rakesh Kapoor, A.RFor Respondent: Shri Ankit Jain, Sr. DR
Section 10Section 10(4)(ii)Section 5(2)Section 6(1)Section 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER & SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER

Abedin Kapdawala, Mandsaur vs. The ITO (It & Tp), Bhopal

In the result, both the appeals are filed by the assessee are dismissed

ITA 359/IND/2022[2017-18]Status: DisposedITAT Indore10 Jan 2023AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vijay Bansal & Ms. Nisha LahotiFor Respondent: Date of Hearing
Section 10(4)(ii)Section 115BSection 143(2)Section 144Section 69A

interest NRE bank account of the assessee more particularly when the said interest income is exempt in view of the provisions of section 10(4)(ii). 6. On the facts and circumstances of the case and applicable law, Ld. CIT(A)- 13, Ahmedabad erred in sustaining the addition made

Fehmida Kapdawala, Mandsaur vs. The ITO (It& Tp), Bhopal

In the result, both the appeals are filed by the assessee are dismissed

ITA 358/IND/2022[2017-18]Status: DisposedITAT Indore10 Jan 2023AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vijay Bansal & Ms. Nisha LahotiFor Respondent: Date of Hearing
Section 10(4)(ii)Section 115BSection 143(2)Section 144Section 69A

interest NRE bank account of the assessee more particularly when the said interest income is exempt in view of the provisions of section 10(4)(ii). 6. On the facts and circumstances of the case and applicable law, Ld. CIT(A)- 13, Ahmedabad erred in sustaining the addition made