“Section 245(4)”
The decision most relied on for Section 245(4) is Lakhamshi Ladha & Co vs. CIT (2016)(386 ITR 245)(Bom) (b) Raj Hans Towers (P) Ltd. v. CIT (395 ITR 235), cited in 35 judgments on BharatTax.
Leading authorities on Section 245(4)
A statement made by a partner during a search cannot be retracted by another partner without evidence of pressure or coercion by the revenue. Similarly, income surrendered via a declaration cannot be withdrawn later without a satisfactory explanation.
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.
The explicit mention of 'land or building' in a statute implies the exclusion of rights in land or building, based on the maxim 'Expressio Unius Est Exclusio Alterius'. Therefore, Section 50C of the Income Tax Act, 1961, which applies to land or building, cannot be extended to leasehold rights in land.