“Section 45(3)(b)”
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)
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.
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.
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.
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.
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.
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.
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.