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“Section 147(2)(b)”

Section References (mined)Section 147Section 147(2)(b)12 judgments

The decision most relied on for Section 147(2)(b) is CIT v. Premkumar Arjundas Luthra (HUF) (297 CTR 614), cited in 659 judgments on BharatTax.

Leading authorities on Section 147(2)(b)

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

CIT v. Winsome Textile Industries Ltd.
319 ITR 204 · 2009 · High Court
378
citing judgments

Section 14A of the Income-tax Act, 1961, which disallows expenditure incurred in relation to exempt income, is not applicable if the assessee has not earned any exempt income in the relevant assessment year.

CIT v. Walchand & Co.
65 ITR 381 · 1967 · Supreme Court
314
citing judgments

The necessity and reasonableness of business expenditure, including the utilization of borrowed funds, must be judged from the perspective of a businessman based on commercial expediency, and cannot be dictated by revenue authorities. The onus is on the assessee to demonstrate the business purpose and commercial expediency.

CIT v. Ankitech (P) Ltd.
340 ITR 14 · 2012 · High Court
202
citing judgments

Deemed dividend under section 2(22)(e) cannot be taxed in the hands of a non-shareholder. The Supreme Court confirmed this view, affirming the Delhi High Court's decision in Ankitech.

P.V. Doshi v. CIT
113 ITR 22 · 1978 · High Court
179
citing judgments

The lack of jurisdiction to initiate reassessment proceedings under Section 147/148 cannot be waived and can be challenged at a later stage, even if not raised initially. An invalid reassessment due to such jurisdictional defects cannot sustain subsequent penalty proceedings.

DCIT v. Core Health Care Ltd.
298 ITR 194 · 2008 · Supreme Court
165
citing judgments

Interest expenditure incurred for acquiring capital assets, even if capitalized in the books, is deductible if for the purpose of business. Section 36(1)(iii) is a self-contained code regarding such deductions.

Jamshedpur Motor Accessories Stores v. CIT
72 ITR 612 · 1969 · Supreme Court
140
citing judgments

The reasonableness of an expenditure for business purposes must be assessed from the businessman's perspective, not the revenue's, and the primary motive to earn income directly is not a prerequisite for its admissibility as a deduction.

Sarla Verma & Ors. v. Delhi Transport Corporation & Anr.
6 SCC 121 · 2009 · Reported
140
citing judgments

This case establishes the principles for calculating compensation in motor accident and personal injury claims, including the selection of the multiplier based on the deceased's age, assessment of loss of dependency, consideration of future prospects, and deductions for personal expenses.

Judgments citing Section 147(2)(b)

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 94/RPR/2025[2015-16]Status: DisposedITAT Raipur03 Jul 2025AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH :: RAIPUR BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER & SHRI ARUN KHODPIA, ACCOUNTANT

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 93/RPR/2025[2014-15]Status: DisposedITAT Raipur03 Jul 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH :: RAIPUR BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER & SHRI ARUN KHODPIA, ACCOUNTANT

DCIT-1(1), Bhilai vs. Vijaya Deshlahra, Indore

In the result, ITA No. 92/RPR/2025 & C

ITA 92/RPR/2025[2013-14]Status: DisposedITAT Raipur03 Jul 2025AY 2013-14

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

For Appellant: Ms. Nisha Lahoti, CA (virtual)For Respondent: Shri S.L. Anuragi, CIT-DR
Section 10(38)Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH :: RAIPUR BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER & SHRI ARUN KHODPIA, ACCOUNTANT

Shilpa Manish Shah, Mumbai vs. ITO, Ward 27(3)(3), Navi Mumbai

Appeal of the assessee is allowed

ITA 3089/MUM/2024[2014-15]Status: DisposedITAT Mumbai09 Sept 2024AY 2014-15

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sunil Kumar Singh, Hon’Ble

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri P. Sudhakar Naik, Sr. DR
Section 143(3)Section 147Section 148

mentioned that the original return of income was only processed u/s 143(1) of the Act and therefore, provisions of Section 147(2)(b) are applicable to the facts of this case. 5. On perusal of the paper book, we find that the observations of the AO are factually incorrect

DCIT CC 4(4), Mumbai vs. Aspen International Private Limited, Mumbai

In the result, all the appeals of the assessee are allowed

ITA 3594/MUM/2023[2014-15]Status: DisposedITAT Mumbai05 Apr 2024AY 2014-15
Section 133ASection 139(1)Section 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

DCIT CC 4(4), Mumbai vs. Aspen International Private Limited, Mumbai

In the result, all the appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 3593/MUM/2023[2015-16]Status: DisposedITAT Mumbai05 Apr 2024AY 2015-16

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S RIFAUR RAHMAN (Accountant Member)

Section 133ASection 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

DCIT CC 4(4), Mumbai vs. Aspen International Private Limited, Mumbai

In the result, all the appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 3591/MUM/2023[2016-17]Status: DisposedITAT Mumbai05 Apr 2024AY 2016-17

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S RIFAUR RAHMAN (Accountant Member)

Section 133ASection 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

DCIT CC 4(4), Mumbai vs. Aspen International Private Limited, Mumbai

In the result, all the appeals of the assessee are allowed

ITA 3589/MUM/2023[2017-18]Status: DisposedITAT Mumbai05 Apr 2024AY 2017-18
Section 133ASection 139(1)Section 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

Aspen International Private Limited, Mumbai vs. Assistant Commissioner of Income Tax-Central Circle 4(4), Mumbai

In the result, all the appeals of the assessee are allowed

ITA 3469/MUM/2023[2014-15]Status: DisposedITAT Mumbai05 Apr 2024AY 2014-15
Section 133ASection 139(1)Section 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

Aspen International Private Limited, Mumbai vs. Assistant Commissioner of Income Tax-Central Circle-4(4), Mumbai

In the result, all the appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 3468/MUM/2023[2015-16]Status: DisposedITAT Mumbai05 Apr 2024AY 2015-16
Section 133ASection 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

Aspen International Private Limited, Mumbai vs. Assistant Commissioner of Income Tax-Central Circle-4(4), Mumbai

In the result, all the appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 3467/MUM/2023[2016-17]Status: DisposedITAT Mumbai05 Apr 2024AY 2016-17

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI S RIFAUR RAHMAN (Accountant Member)

Section 133ASection 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus

Aspen International Private Limited, Mumbai vs. Assistant Commissioner of Income Tax-Central Circle-4(4), Mumbai

In the result, all the appeals of the assessee are allowed and all the appeals of the Revenue are dismissed

ITA 3466/MUM/2023[2017-18]Status: DisposedITAT Mumbai05 Apr 2024AY 2017-18
Section 133ASection 143(3)Section 147Section 148Section 149Section 151Section 69C

completed on 29/12/2017 as recorded by the AO on page 1 of the assessment order. The AO also incorrectly stated that provisions of section 147(2)(b) are applicable, whereas in the facts of the case provisions of section 147(2)(c) are applicable where the onus