“Section 210(3)”
The decision most relied on for Section 210(3) is CIT v. Eastern Commercial Enterprises (210 ITR 103), cited in 205 judgments on BharatTax.
Leading authorities on Section 210(3)
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.
A search is considered complete once the search party leaves the premises with the seized material. A restraint order under section 132(3) can only be passed if there's a practical difficulty in seizing the material.
CBDT circulars, instructions, or directions issued under Section 119 cannot override or detract from the provisions of the Income-tax Act, as a delegated authority lacks the power to amend law enacted by Parliament.
Where books of account are rejected or not produced, the Assessing Officer may compute profits by applying a flat rate to the turnover or gross receipts. A best judgment assessment must have a nexus to the material on record and cannot be arbitrary or capricious.
An assessment made based on an assessee's admission that a particular income is liable to be included in its total income is valid.
Where an assessee's account books are found to be incorrect or incomplete due to unverifiable purchases and sales, lack of vouchers, and absence of a stock register, the Assessing Officer can estimate the profits.
A notice issued under Section 143(2) is a jurisdictional notice, and the absence of such a notice renders the assessment order invalid. Failure to issue a valid notice under Section 143(2) cannot be cured by subsequent actions or findings.
Where a firm claims deduction for partner's remuneration under Section 40(b), income from other sources that is included in the profit and loss account cannot be excluded when calculating 'book profit'.