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“Section 103(3)”

Section References (mined)Section 103Section 103(3)6 judgments

The decision most relied on for Section 103(3) is CIT v. Eastern Commercial Enterprises (210 ITR 103), cited in 205 judgments on BharatTax.

Leading authorities on Section 103(3)

CIT v. Eastern Commercial Enterprises
210 ITR 103 · 1994 · High Court
205
citing judgments

If the Assessing Officer relies on adverse evidence or witness testimony, including statements recorded under Section 132(4), the assessee must be provided an opportunity to cross-examine the witness or source of the evidence, upholding principles of natural justice. An assessment made without such an opportunity may be considered invalid.

Kvaverner John Brown Engg. (India) P. Ltd. v. ACIT
305 ITR 103 · 2008 · Supreme Court
61
citing judgments

An intimation issued under Section 143(1)(a) cannot make adjustments for debatable issues that require detailed scrutiny, such as the disallowance of delayed employee contributions to ESI/PF. Appellate authorities also have the power to entertain fresh claims made by an assessee, even if these were not raised in the original or revised return of income.

United Breweries Ltd. v. ACIT
76 Taxmann.com 103 · 2016 · ITAT
41
citing judgments

Depreciation on goodwill arising from amalgamation is not admissible to the amalgamated company if no goodwill was admitted in the hands of the amalgamating company, applying Explanation 7 to Section 43(1) and the Sixth Proviso to Section 32(1)(ii).

103 ITR 344 (Pat) 4. DCIT v. Rohini Builders
220 CTR 622 · 2008 · High Court
39
citing judgments

When an assessee proves the identity and creditworthiness of investor companies by providing their PAN, confirmation letters, bank statements, and audited balance sheets, the assessee is not required to prove the 'source of source'.

P.V.S. Beedies Pvt. Ltd. v. Assistant Commissioner of Income-tax
103 Taxmann 294 · 1999 · Supreme Court
37
citing judgments

An assessment can be reopened based on an audit objection, regardless of whether the issue is factual or legal.

Dakshina Kannada Nirmithi Kendra, Manguluru Page 33 of 176 4.17 In Yogiraj Charity Trust v. CIT
103 ITR 777 · 1976 · Supreme Court
20
citing judgments

If the primary purpose of a trust is charitable, an ancillary object that is not itself charitable will not disqualify the trust from being considered a valid charity.

ITO 103 Taxmann.com 342(Mad), Jhunjhunwala & Co Vs CIT 167 Taxman 58(Delhi), CIT v. Singamshetty Subba Rao
159 ITD 406 · ITAT
17
citing judgments

Payments exceeding Rs. 20,000 that violate Section 40A(3) are not covered by the exception in Rule 6DD(j) if the genuineness of such expenses is doubtful, especially when they are unrecorded in the books.

Natesan Krishnamurty Vs ITO 103 Taxmann.com 342(Mad), Jhunjhunwala & Co. v. CIT
357 ITR 529 · Reported
17
citing judgments

The exception under Rule 6DD(j) for payments exceeding Rs. 20,000 cannot be applied if the genuineness of the expenses is doubtful, especially when those expenses are unrecorded.

Judgments citing Section 103(3)