← All Phrases

“Section 245(1)”

Section References (mined)Section 245Section 245(1)11 judgments

The decision most relied on for Section 245(1) is CIT v. Sudarshan Chemicals Industries Ltd. (245 ITR 769), cited in 59 judgments on BharatTax.

Leading authorities on Section 245(1)

CIT v. Sudarshan Chemicals Industries Ltd.
245 ITR 769 · 2000 · High Court
59
citing judgments

Proceeds from the sale of scrap packing material are to be included in the total turnover for computing deduction under section 80HHC. However, the turnover should be restricted to receipts that have an element of profit.

CIT v. Manish Buildwell (P) Ltd.
245 CTR 397 · 2011 · High Court
58
citing judgments

The production of fresh evidence at the appellate stage before the Commissioner (Appeals) is strictly governed by the conditions and procedures laid down in Rule 46A of the Income-tax Rules.

CIT v. Chhindwara Fuels
245 ITR 9 · 2000 · High Court
38
citing judgments

Subsidy in the form of a refund of sales tax received after the commencement of production cannot be treated as a capital receipt and is taxable as revenue.

DCIT v. K. K. Doshi and Co.
245 ITR 849 · 2000 · High Court
21
citing judgments

Profits and losses arising from foreign exchange fluctuations are part of export turnover and are includible in profits eligible for deduction under Section 10A/10B of the Income Tax Act. Service charges may not be considered operational income if they don't accrue out of the main business activity.

Karnal Improvement Trust v. ACIT
245 ITR 400 · 2000 · High Court
20
citing judgments

The purpose for which income is accumulated under section 11(2) must be specific and not general or routine. A failure to specify a clear purpose will result in the denial of exemption under sections 11 and 12.

CIT v. Samyuktha Gowda Saraswatha Sabha
245 ITR 242 · 2000 · High Court
17
citing judgments

Income generated from activities not explicitly part of the trust's main objects, but undertaken to fulfil them, can be considered income applied for charitable purposes. Letting out property for a limited duration to generate funds for the trust's primary objectives is permissible.

245 ITR 527 (Raj.) and CIT v. Supreme Builders
303 ITR 1 · High Court
13
citing judgments

When income is estimated after the rejection of books of accounts, partners are entitled to deductions for remuneration and interest under Section 40(b) of the Income Tax Act.

Turner Morrison And Co. Ltd. v. CIT
245 ITR 724 · 2000 · High Court
11
citing judgments

Deductions under section 36(1)(vii) read with section 36(2) are allowable even if the company is not in the money lending business, provided the interest income from inter-corporate deposits is assessed as business income.

Judgments citing Section 245(1)

H.K. Enterprises, Mumbai vs. Dy CIT - CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 317/MUM/2021[2015-16]Status: DisposedITAT Mumbai24 Jan 2025AY 2015-16

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K. Enterprises, Mumbai vs. Dy CIT CC - 2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 316/MUM/2021[2014-15]Status: DisposedITAT Mumbai24 Jan 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K.Enterprises, Mumbai vs. DCIT, Central Circle-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 315/MUM/2021[2017-18]Status: DisposedITAT Mumbai24 Jan 2025AY 2017-18

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K. Enterprises, Mumbai vs. Dy CIT -CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 314/MUM/2021[2018-19]Status: DisposedITAT Mumbai24 Jan 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 269/MUM/2021[2012-13]Status: DisposedITAT Mumbai24 Jan 2025AY 2012-13

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 268/MUM/2021[2013-14]Status: DisposedITAT Mumbai24 Jan 2025AY 2013-14

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

H.K. Enterprises, Mumbai vs. Dy CIT-CC-2(4), Mumbai

In the result, all the eight appeals filed by the assessee are allowed

ITA 267/MUM/2021[2016-17]Status: DisposedITAT Mumbai24 Jan 2025AY 2016-17

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 143(3)Section 153ASection 245D(1)Section 250Section 254

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make ... used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee's application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

Mahendra Tulsidas Thakker, Mumbai vs. Income Tax Officer, Int Tax Ward-4(1)(1), Mumbai

In the result, the appeal filed by the Assessee is allowed

ITA 3885/MUM/2024[2013-14]Status: DisposedITAT Mumbai29 Nov 2024AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Gagan Goyalassessment Year: 2013-14

For Appellant: Shri Prakash Jhunjhunwala, A.RFor Respondent: Shri R.R. Makwana, Sr. D.R
Section 132Section 148Section 250Section 254(1)Section 69A

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee’s application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1254/DEL/2021[2015-16]Status: DisposedITAT Delhi06 Feb 2024AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

upto the stage of section 245C(1) application and (2) in the event of any additional determination of income of the disclosure under section 245(1) of the IT Act As observed hereinabove, if the submission on behalf of the petitioners is accepted, in that case, despite section 234B

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1253/DEL/2021[2014-15]Status: DisposedITAT Delhi06 Feb 2024AY 2014-15

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

upto the stage of section 245C(1) application and (2) in the event of any additional determination of income of the disclosure under section 245(1) of the IT Act As observed hereinabove, if the submission on behalf of the petitioners is accepted, in that case, despite section 234B

Late Shri Sawarmal Hisaria (Through L/H. Shri Sandeep Hisaria), Mumbai vs. Dy CIT, Circle-2(4), Mumbai

ITA 274/MUM/2021[2013-14]Status: DisposedITAT Mumbai05 Apr 2022AY 2013-14

Bench: Shri Kuldip Singh & Shri Prashant Maharishiassessment Year: 2013-14

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Shri Anil Kumar Das, D.R
Section 132Section 143(3)Section 153ASection 245C(1)Section 245D(1)

used in evidence against the assessee. Section 245D(4) has clearly held that admission of assessee’s application under section 245(1) was incorrect. We find that any confidential information disclosed in annexure to the settlement application before Income Tax Settlement Commission can never be the basis to make