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“application of income”

Judicial DoctrinesDiversion vs ApplicationDiversion vs Application1,603 judgments

The decision most relied on for application of income is Maxopp Investment Ltd. v. CIT (402 ITR 640), cited in 1,596 judgments on BharatTax.

Leading authorities on application of income

Maxopp Investment Ltd. v. CIT
402 ITR 640 · 2018 · Supreme Court
1,596
citing judgments

Disallowance under Section 14A is not automatic and requires the Assessing Officer to record satisfaction before applying Rule 8D. Only investments yielding exempt income are considered for disallowance, irrespective of their strategic nature.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

Godrej & Boyce Manufacturing Company Ltd. v. DCIT
394 ITR 449 · 2017 · Supreme Court
683
citing judgments

Expenditure can only be disallowed under Section 14A if the income is exempt and not part of the total income. The Assessing Officer must first record dissatisfaction with the assessee's accounts or computation before proceeding to make a disallowance under Section 14A or applying Rule 8D.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Olari Little Flower Kuries (P.) Ltd. v. UOI
440 ITR 26 · 2022 · High Court
614
citing judgments

The fee under Section 234E of the Income-tax Act cannot be levied for defaults in filing TDS statements committed prior to June 1, 2015, as the provision for its levy became effective only from that date.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

Judgments citing application of income

Gujarat Safety Council, Vadodara vs. The ITO, Ward- Exemption, Vadodara

In the result, appeal preferred by the assessee is allowed for statistical purposes

ITA 902/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. In essence, there could be no double deduction on account of application towards ... fixed assets so acquired out of accumulated amount. Thus, it is evident from this provision that the assessee was eligible to claim application of income towards acquisition of fixed assets. Though, the provision of section 11(6) of the Act was introduced in the statute w.e.f. 01.04.2015, the same

Gujarat Safety Council, Vadodara vs. The ITO, Ward Exemption, Vadodara

In the result, appeal preferred by the assessee is allowed for statistical purposes

ITA 901/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. In essence, there could be no double deduction on account of application towards ... fixed assets so acquired out of accumulated amount. Thus, it is evident from this provision that the assessee was eligible to claim application of income towards acquisition of fixed assets. Though, the provision of section 11(6) of the Act was introduced in the statute w.e.f. 01.04.2015, the same

Gujarat Safety Council, Vadodara vs. The Income Tax Officer, Ward-Exemption, Vadodara

In the result, appeal preferred by the assessee is allowed for statistical purposes

ITA 1037/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad27 Aug 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 901, 902 & 1037/Ahd/2023 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2016-17 & 2017-18) िनधा"रण वष" Gujarat Safety Council Ito बनाम बनाम/ बनाम बनाम 4Th Floor, Midway Height, Ward Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara, Gujarat, 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri S. N. Soparkar, Sr. Advocate अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit.Dr Date Of Hearing 21/08/2024 Date Of Pronouncement 27/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee. While Two Of The Appeals Are Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, (In Short ‘The Cit(A)’) Dated 28.08.2023 & 27/09/2023 For A.Ys. 2014-15 & 2016-17 Respectively, The Third Appeal Is Against The Order Of Addl./Jcit (A)-1, Coimbatore For The A.Y. 2017-18. The Issue Involved In All Three Appeals Are

For Respondent: Shri Sudhendu Das, CIT.DR
Section 11Section 11(2)Section 11(3)Section 234ASection 270A

deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year. In essence, there could be no double deduction on account of application towards ... fixed assets so acquired out of accumulated amount. Thus, it is evident from this provision that the assessee was eligible to claim application of income towards acquisition of fixed assets. Though, the provision of section 11(6) of the Act was introduced in the statute w.e.f. 01.04.2015, the same

Rani Adaikalaraj Educational and Charitable Trust, Trichy vs. ITO, Exemptions, Trichy

In the result the assessee’s appeal is allowed

ITA 575/CHNY/2024[2018-19]Status: DisposedITAT Chennai14 Aug 2024AY 2018-19

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 575/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Income Tax Officer, Rani Adaikalaraj Educational V. Exemption Ward & Charitable Trust, Income Tax Office, Represented By Managing 44, Williams Road, Cantonment, Trustee – A Joseph Francis, Trichy – 620 001. 7-B, Arokiasamypillai Lane, Crawford, Trichy – 620 012. [Pan:Aaatr-0494-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Mr. V.S. Jayakumar, Sr. Counsel For Ms.G. Vardinikarthik, Advocate & Mr. V. Arunachalesh, Advocate & Mr. R. Sumedha, Advocate ""यथ"क"ओरसे/Respondent By : Mr. R. Vikneswaran, Jcit सुनवाई क" तारीख/Date Of Hearing : 04.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.08.2024 आदेश /O R D E R

For Appellant: Mr. V.S. Jayakumar, Sr. Counsel for Ms.G. VardiniKarthik, Advocate & MrFor Respondent: Mr. R. Vikneswaran, JCIT
Section 1Section 11Section 11(1)(a)Section 11(2)

575/Chny/2023 2. The assessee has not pressed ground nos. 1 to 3 and the same is treated as dismissed. 4. Application of income u/s 11 was not properly considered A. The CIT(A) failed to appreciate that the Respondent has not correctly invoked Section 11 (6) of the Income ... appreciated that for AY 2018-19 the appellant claimed entire repayment of loans (as mentioned in Heading 5) including unsecured loans as an application of income on the ground that it is accordance with law C.The Lower Authorities should consider this aspect also along with the allowability of depreciation

M/S. R.K. Investments, Chennai vs. DCIT, Ncc-3(1), Chennai

The appeal stand allowed in terms of our above order

ITA 1159/CHNY/2024[2014-15]Status: DisposedITAT Chennai12 Aug 2024AY 2014-15

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1159/Chny/2024 (िनधा*रणवष* / Assessment Year: 2014-15) M/S. R.K. Investments Dcit Ground Floor, Block-Iv, Non-Corporate Circle-3(1) बनाम/ No.184-187,Temple Steps, Chennai. Vs. Anna Salai Little Mount, Chennai-600 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaafr-3413-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Vijayaraghavan (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 31-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R

For Appellant: Shri R. Vijayaraghavan (Advocate)-Ld.ARFor Respondent: Shri R. Clement Ramesh Kumar (CIT) -Ld. DR
Section 143(3)Section 147Section 148Section 2(14)Section 2(14)(iii)Section 2(14)(lii)Section 263Section 45

Medical Sciences • Where Assessing Officer during scrutiny proceeding had allowed assessee's claim of exemption under section 11 in regard to depreciation as application of income after conducting adequate enquiry and considering all documentary evidence furnished by assessee, impugned revisionary proceedings initiated by Commissioner (Exemptions) under section 263 on mere