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“Section 45(3)(b)”

Section References (mined)Section 45Section 45(3)(b)5 judgments

The decision most relied on for Section 45(3)(b) is CIT v. Hindustan Coca Cola Beverages P Ltd. (331 ITR 192), cited in 152 judgments on BharatTax.

Leading authorities on Section 45(3)(b)

CIT v. Hindustan Coca Cola Beverages P Ltd.
331 ITR 192 · 2011 · High Court
152
citing judgments

The Principal Commissioner of Income Tax cannot exercise revisional jurisdiction under Section 263 if the Assessing Officer has taken one of two possible views on a debatable issue during assessment proceedings.

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.

ACIT v. Achal Kumar Jain
242 ITR 45 · 2000 · High Court
48
citing judgments

An assessment order is not considered erroneous or prejudicial to the revenue under Section 263 solely because the Assessing Officer failed to initiate penalty proceedings. The Commissioner cannot direct the initiation of penalty proceedings under Section 263, as they are distinct from assessment proceedings.

19-23 of APB): UOI v. Hari Singh
302 CTR 458 · 2018 · Supreme Court
46
citing judgments

Additional amounts, solatium, and interest on excess compensation under the Land Acquisition Act form part of enhanced compensation under section 45(5) and are taxable in the year of receipt. If TDS is deducted, the Assessing Officer must determine the nature of the land acquired and the taxability of the compensation or enhanced compensation.

PCIT v. Saumya Construction
112 Taxmann.com 163 · 2019 · High Court
15
citing judgments

A notice issued under Section 153C of the Income Tax Act, 1961, can be quashed if it is not based on any incriminating material found during a search.

Hunsur Plywood Works Ltd. v. CIT
229 ITR 112 · 1998 · Supreme Court
10
citing judgments

The issuance of bonus shares is merely a capitalization of profits and does not constitute a distribution of profits or a gift to shareholders, as they are essentially receiving certificates entitling them to participate in the company's reserves as part of the capital.

(supra) Flipkart India (P.) Ltd. v. Assistant Commissioner of Income-tax, Circle-3 (1) (1), Bangalore
92 Taxmann.com 387 · 2018 · ITAT
10
citing judgments

Taxing authorities cannot tax goods transferred at less than market price if the transaction is bona fide, ignoring the actual price fetched to ascertain profit. Additions based on selective rate comparison without considering the full business model are legally untenable.

Judgments citing Section 45(3)(b)