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“Section 3(2)(g)”

Section References (mined)Section 3Section 3(2)(g)3 judgments

The decision most relied on for Section 3(2)(g) is DCIT v. Rajeev G. Kalathil (67 SOT 52), cited in 101 judgments on BharatTax.

Leading authorities on Section 3(2)(g)

DCIT v. Rajeev G. Kalathil
67 SOT 52 · 2015 · ITAT
101
citing judgments

Where purchases are accepted as genuine and a deduction allowed, the corresponding liability cannot be added under Section 68. The case also provides authority on the application of Section 69C when suppliers are non-genuine but the purchases themselves are not doubted.

Atul G. Puranik v. ITO
132 ITD 499 · 2011 · ITAT
43
citing judgments

Section 50C of the Income Tax Act, 1961, which is a deeming provision, applies only to the transfer of "land or building or both" and therefore does not apply to the transfer of leasehold rights.

Vanita Vishram Trust v. Chief Commissioner of Income
327 ITR 121 · 2010 · High Court
31
citing judgments

An institution must be established solely for educational purposes and not for commercial activities to be eligible for exemption under Section 10(23C)(vi). Pursuing objects other than education, or having objects that enable commercial activities, disqualifies the institution from such exemption.

Narendra G. Goradia (HUF) v. CIT
234 ITR 571 · 1998 · High Court
27
citing judgments

Once an assessee successfully proves the source of money, they cannot be compelled to provide proof of how that money was acquired in specific denominations of currency notes.

Commissioner of Income Tax & Anr, (2011) 53 OTR (Del) 130. Also Tolani Education Society v. Deputy Director
351 ITR 184 · 2013 · High Court
27
citing judgments

An excess of income over expenditure does not, in itself, mean that an educational institution exists for profit, rather than solely for educational purposes. The primary purpose test is key.

DIT (Exemption) v. Girdharilal Shewnarain Tantia Trust
199 ITR 215 · 1993 · High Court
24
citing judgments

The 'income' contemplated by Section 11 is the real income, not merely the assessed or assessable income, and income from property held under trust must be arrived at in a normal commercial manner. This implies that statutory deductions under Section 14 are not applicable when income from property held under trust is excluded.

Deputy Commissioner of Income-tax v. Rajeev G. Kalathil
51 Taxmann.com 514 · 2014 · Reported
20
citing judgments

When sales are accepted, the disallowance of corresponding purchases must be limited to the profit element embedded in such purchases, not the entire purchase amount.

CIT v. G. R. Thangamaligai
259 ITR 129 · 2003 · High Court
19
citing judgments

Revision under Section 263 is not justified in the absence of a finding by the Commissioner that there is a loss of revenue to the State.

Judgments citing Section 3(2)(g)