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“Section 143(31)(a)”

Section References (mined)Section 143Section 143(31)(a)1 judgments

The decision most relied on for Section 143(31)(a) is CIT v. Rai Bahadur Hardutroy Motilal Chamaria (66 ITR 443), cited in 239 judgments on BharatTax.

Leading authorities on Section 143(31)(a)

CIT v. Rai Bahadur Hardutroy Motilal Chamaria
66 ITR 443 · 1967 · Supreme Court
239
citing judgments

The appellate authority cannot enhance an assessment by considering a source of income that was not examined by the Assessing Officer. The scope of appellate power is limited to the subject matter considered by the Assessing Officer.

Ghanashyam Mishra And Sons. v. Edelweiss Asset Reconstruction
126 Taxmann.com 132 · 2021 · Supreme Court
192
citing judgments

Once a resolution plan is approved under Section 31(1) of the IBC, claims not included in the plan are extinguished and cannot be pursued. This applies to statutory dues owed to the government and other authorities.

Bharat Sanchar Nigam Ltd. v. Union of India
282 ITR 273 · 2006 · Supreme Court
136
citing judgments

The rule of consistency requires that in the absence of any change in material facts or law, a different view or decision on an issue cannot be adopted for subsequent assessment years, thus ensuring uniformity in tax assessments.

CIT v. Saravana Spinning Mills Ltd.
293 ITR 201 · 2007 · Supreme Court
109
citing judgments

Expenditure for replacement of machinery parts qualifies as 'current repairs' under Section 31(i) of the Income-tax Act if it does not result in a new asset or substantially enhance the existing asset's life. For Section 31(i), the critical factor is whether the expense constitutes current repairs, making the general revenue vs. capital distinction less relevant for that specific section.

Calcutta in Dawjee Dadabhoy & Co. v. S.P. Jain
31 ITR 872 · 1957 · High Court
103
citing judgments

The phrase 'prejudicial to the interests of the Revenue' under the Income Tax Act includes instances where there is a loss of tax.

PCIT v. Quest Investment Advisors (P.) Ltd.
409 ITR 545 · 2018 · High Court
84
citing judgments

The Assessing Officer is bound by the rule of consistency and cannot take a contrary or different stand on an issue in a subsequent assessment year if the factual position remains identical to previous years where a deduction was allowed.

Saraswati Industrial Syndicate Ltd. v. CIT
186 ITR 278 · 1990 · Supreme Court
79
citing judgments

Upon amalgamation, the amalgamating company ceases to exist in the eyes of the law. Therefore, any assessment or proceeding initiated against a non-existent amalgamating company is invalid as it is no longer considered a 'person' under the Income-tax Act.

Bikram Singh v. Land Acquisition Collector
224 ITR 551 · 1997 · Supreme Court
75
citing judgments

Interest received as income on delayed payment of compensation under Sections 28 or 31 of the Land Acquisition Act is a taxable revenue receipt, chargeable to income tax under the head 'income from other sources'.

Judgments citing Section 143(31)(a)