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“Section 152(3)”

Section References (mined)Section 152Section 152(3)3 judgments

The decision most relied on for Section 152(3) is CIT v. Madhur Housing and Development Company (401 ITR 152), cited in 49 judgments on BharatTax.

Leading authorities on Section 152(3)

CIT v. Madhur Housing and Development Company
401 ITR 152 · 2018 · Supreme Court
49
citing judgments

A loan or advance from a closely held company to a 'concern' where a common shareholder has a substantial interest is not a deemed dividend under Section 2(22)(e) for the 'concern' if it is not a shareholder of the lending company. Deemed dividend under Section 2(22)(e) is taxable only in the hands of the registered or beneficial shareholder.

Director of Income Tax (Exemption) v. Keshav Social and Charitable Foundation
278 ITR 152 · 2005 · High Court
42
citing judgments

For charitable trusts claiming Section 11 exemption, Section 68 concerning cash credits does not apply to donations received. The non-submission or non-production of donor details does not automatically lead to an inference that the trust is introducing unaccounted money.

ACIT v. M.Baskaran
152 ITD 844 · 2015 · ITAT
17
citing judgments

Income from investments must be considered for disallowance under Section 14A, but only if actual income has been earned. The assessment must involve an exercise to determine if income has been earned, if the investee company can declare dividends, and if dividends will be declared in the future.

CIT v. Raj Rani Export Pvt. Ltd.
361 ITR 152 · 2014 · High Court
15
citing judgments

Commission payments are not to be disallowed if the assessee provides evidence of services rendered, payment through banking channels, and relevant approvals, especially when the Revenue does not contest that services were not rendered at all.

152 Taxmann.com 535 (Guj HC) and Pr. CIT v. Ms. Kavita Agarwal
143 Taxmann.com 404 · 2022 · High Court
12
citing judgments

When assessing income from undisclosed sources found during a search, the Assessing Officer can proceed under section 153C based on incriminating material found in the possession of a third party, even if the assessment is limited to specific block periods.

892 (Gujarat) Principal Commissioner of Income-tax v. Shri Ambalal Chimanlal Patel
152 Taxmann.com 330 · 2023 · High Court
12
citing judgments

Where shares were sold prior to the suspension of trading, the subsequent suspension does not invalidate the transaction for the purpose of claiming capital gains.

Amline Textiles (P.) Ltd. v. ITO
27 SOT 152 · 2009 · ITAT
12
citing judgments

The calculation of book profits under Section 115JB of the Income-tax Act, 1961, should be done on a composite and consolidated basis, not year-to-year. Unabsorbed depreciation and brought forward losses must be adjusted on an accumulated basis for set-off purposes.

(a) DIT(E) v Keshav Social and Charitable Foundation (2005) 278 ITR 152 (Del) (b) CIT v. Uttaranchal Welfare Society
364 ITR 398 · 2014 · High Court
11
citing judgments

Section 68 of the Income-tax Act, 1961, does not apply to a sum that has already been offered as income or utilized for charitable purposes.

Judgments citing Section 152(3)