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“Section 289(1)”

Section References (mined)Section 289Section 289(1)2 judgments

The decision most relied on for Section 289(1) is Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (5 SCC 111), cited in 93 judgments on BharatTax.

Leading authorities on Section 289(1)

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology
5 SCC 111 · 2002 · Reported
93
citing judgments

The legal form or ostensible autonomy of an entity does not prevent it from being classified as 'State' or 'authority' under Article 12 if it functions as an instrumentality of the Government, thereby attracting constitutional accountability under Part III.

CIT v. NIIT Ltd.
318 ITR 289 · 2009 · High Court
79
citing judgments

A composite agreement, even if charges are broken down, cannot be dissected to apply Section 194I for TDS on rent when the agreement is a business arrangement for mutual obligations.

CIT v. Five Vision Promoters (P.) Ltd.
380 ITR 289 · 2016 · High Court
61
citing judgments

Section 68 of the Income Tax Act can be invoked to make an addition only when the assessee offers no explanation for a cash credit or the explanation provided is unsatisfactory. An addition for share application money is not justified if the Revenue has no material to dispute the genuineness or creditworthiness of the investors or the source of money.

Sapthagiri Finance & Investments v. ITO
90 DTR 289 · 2013 · High Court
61
citing judgments

When a return is filed or deemed filed in response to a Section 148 reassessment notice, issuing a notice under Section 143(2) is mandatory if the Assessing Officer finds issues needing explanation; failure to do so renders the assessment invalid.

ITO v. Daga Capital Management Pvt. Ltd.
119 TTJ 289 · ITAT
41
citing judgments

Disallowance under Section 14A read with Rule 8D is attracted even when no exempt income is actually earned from investments in the relevant year, as long as the income from such investments does not or shall not form part of the total income.

CWT vs Allied Finance Pvt. Ltd. 289 ITR 318 (Del.) v. Berger Paints India Ltd. vs CIT
275 ITR 124 · 2005 · ITAT
30
citing judgments

The principle of judicial discipline requires consistency in following prior judicial pronouncements. This case is cited as authority for adhering to established legal principles.

Smt. Leela Choudhary v. PR. CIT
289 ITR 226 · 2007 · High Court
25
citing judgments

A revised assessment order cannot direct the Assessing Officer to undertake an exercise that should have been completed during the original assessment, as this is not legally permissible.

CIT(A) v. Gujarat Maritime Board
14 SCC 704 · 2007 · Reported
14
citing judgments

A statutory corporation, board, or similar body established for charitable purposes can claim exemption even if it's not notified under Section 10(46) after April 1, 2011, by demonstrating its charitable nature under other provisions like Section 10(23C).

Judgments citing Section 289(1)