← All Phrases

“Section 210(3)”

Section References (mined)Section 210Section 210(3)4 judgments

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)

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.

Ramaiah Reddy v. ACIT
339 ITR 210 · 2011 · High Court
104
citing judgments

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.

Kerala Finance Corporation v. CIT
210 ITR 129 · 1994 · Supreme Court
63
citing judgments

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.

CIT v. Surjit Singh Mahesh Kumar
210 ITR 83 · 1994 · High Court
31
citing judgments

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.

S.S. Ratanchund Bholanath v. CIT
210 ITR 682 · 1994 · High Court
24
citing judgments

An assessment made based on an assessee's admission that a particular income is liable to be included in its total income is valid.

Awadhesh Pratap Singh Abdul Rehman and Ors. v. CIT
210 ITR 406 · 1994 · High Court
22
citing judgments

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.

CIT v. Sukhini P. Modi
367 ITR 682 · 2014 · High Court
21
citing judgments

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.

Md. Serajuddin & Brothers v. CIT
210 Taxmann 84 · 2012 · High Court
16
citing judgments

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'.

Judgments citing Section 210(3)