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“Section 191(3)”

Section References (mined)Section 191Section 191(3)1 judgments

The decision most relied on for Section 191(3) is State of West Bengal v. Kesoram Industries Limited (10 SCC 201), cited in 279 judgments on BharatTax.

Leading authorities on Section 191(3)

State of West Bengal v. Kesoram Industries Limited
10 SCC 201 · 2004 · Supreme Court
279
citing judgments

A taxing statute must be interpreted strictly based on what is clearly expressed, without implying anything not stated or importing provisions to supply deficiencies. A person must clearly fall within the ambit of the charging section for tax to be levied.

CIT v. Anil Bhalla
322 ITR 191 · 2010 · High Court
66
citing judgments

Additions to income cannot be sustained solely based on "dumb documents" seized during a search if such documents are unsigned, undated, or unverified and do not clearly reveal undisclosed income without corroborative evidence.

Income Tax Vs. India Discount Co. Ltd. 75 ITR 191 (SC), Commissioner of Income Tax v. Provincial Farmers (P) Ltd.
245 ITR 421 · 2000 · Supreme Court
55
citing judgments

The entry in the books of accounts is not determinative of the true nature of a transaction for income tax purposes; the substance of the transaction, rather than its accounting treatment, governs its taxability and deductibility.

CIT v. Mazagaon Dock Ltd.
191 ITR 460 · 1991 · High Court
40
citing judgments

A wet dock of a dockyard is considered 'plant' for the purpose of depreciation.

Oord ACZ India (P) Ltd. v. CIT
323 ITR 130 · 2010 · High Court
35
citing judgments

Where the recipient of income is not liable to pay tax in India, the payer has no obligation to deduct tax at source. Consequently, no disallowance under section 40(a)(i) can be made for failure to deduct such tax.

191 (Karnataka); Franchise India Brands Ltd. v. CPC, ITAT Delhi
122 Taxmann.com 196 · 2020 · Reported
32
citing judgments

Orders levying late fee under Section 234E are liable to be set aside if the authorities below have erred in sustaining the levy.

CIT vs. Mangalore Chemicals & Fertilizers Ltd., 191 ITR 156 (Kar.), (ii) CCIT v. Machine Tool Corpn. of India Ltd.
201 ITR 101 · 1993 · High Court
13
citing judgments

A revised return filed under section 139(5) substitutes the original return, rendering the original return obsolete for assessment purposes. Any claims or entries in the original return cannot be relied upon after being withdrawn or modified in a revised return.

41 ITR 191 (SC) (para 45) CIT v. A. Raman and Co.
177 ITR 124 · 1989 · High Court
11
citing judgments

Expenditure on rent, repairs, insurance, and maintenance of guest houses is allowable under Sections 30 and 31 of the Income Tax Act, even if Section 37(4) (or 37(3) as cited in the passages) restricts disallowances for such expenses.

Judgments citing Section 191(3)