“Section 290(1)(a)”
The decision most relied on for Section 290(1)(a) is CIT v. Bholanath Poly Fab. Pvt. Ltd. (355 ITR 290), cited in 712 judgments on BharatTax.
Leading authorities on Section 290(1)(a)
If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.
Excise duty collected by the assessee as an agent on behalf of the government is not includible in the total turnover for the purpose of computing deduction under section 80HHC.
Income deemed under sections 68, 69, 69A, 69B, or 69C of the Income-tax Act is a distinct category, separate from regular heads of income under Section 14, and losses from other heads, including business losses, cannot be set off against such deemed income.
Mark-to-Market (MTM) losses on forward contracts and forex derivatives are allowable as a revenue deduction under Section 37(1) where a binding obligation is created against the assessee. This is provided the assessee consistently follows the same accounting method for both profits and losses.
Reassessment beyond four years after an assessment under Section 143(3) is not permissible unless the Assessing Officer specifies the assessee's failure to disclose all material facts.
A penalty is not automatically leviable merely because an addition to income was made during assessment proceedings or because a revised return was filed. The facts of the addition and the assessee's conduct must be considered.
Disallowance under Section 40A(3) may not be practicable for businesses that are inherently illegal, as compliance with payment methods might be impossible.
Construction of a residential house for claiming deduction under section 54F must be a real construction and not merely symbolic. The intention behind section 54F is to promote housing construction, not the destruction of existing residential buildings.