← All Phrases

“Section 58(3)”

Section References (mined)Section 58Section 58(3)2 judgments

The decision most relied on for Section 58(3) is Vijay Proteins Ltd. v. Asst. CIT (58 ITD 428), cited in 430 judgments on BharatTax.

Leading authorities on Section 58(3)

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

Vijay Proteins Ltd. v. CIT
58 Taxmann.com 44 · 2015 · High Court
140
citing judgments

When an assessee makes alleged bogus or hawala purchases but subsequently makes genuine sales from those purchases, the addition to income should be restricted only to the estimated profit embedded in such transactions, not the entire purchase value.

Lord Radcliffe in Commissioner of Taxes v. Nchanga Consolidated Copper Mines Ltd.
58 ITR 241 · 1965 · Reported
69
citing judgments

The test of enduring benefit for classifying expenditure as capital or revenue is not absolute; expenditure incurred for an enduring advantage may nonetheless be on revenue account, as the test can break down depending on the facts.

Dy CIT v. Selvel Advertising (P) Ltd.
58 Taxmann.com 196 · 2015 · ITAT
49
citing judgments

An assessee is eligible to claim depreciation on a road constructed and operated on a Build-Operate-Transfer (BOT) basis, treating it as an intangible asset under section 32(1)(ii) of the Income-tax Act.

D’Souza, Mangaluru Page 33 of 41 CIT(Bom) 137 ITR 58; Assam Pesticides &Agro Chemicals v. CIT(Gau)
227 ITR 846 · 1997 · High Court
33
citing judgments

Expenditure is deductible under section 37 only if it is incurred wholly and exclusively for the purpose of business. The mere fact that a payment is made under a contract does not conclusively establish it as a business expense.

CIT v. Avani Export
58 Taxmann.com 100 · 2015 · Supreme Court
29
citing judgments

The Supreme Court confirmed the Gujarat High Court's view in Avani Exports, regarding the exclusion of the profit element within DEPB income when calculating deductions under Section 80HHC of the Income Tax Act.

Gramin Sewa Sahakari Samiti Maryadit v. Income Tax Officer
138 Taxmann.com 476 · 2022 · ITAT
24
citing judgments

Interest earned by a cooperative society from deposits with cooperative banks and nationalized banks is eligible for deduction under Section 80P(2)(a) of the Income Tax Act. Such interest is considered attributable to the business of the cooperative society, especially when deposits are statutorily required.

Virmati Ramkrishna v. CIT
131 ITR 659 · 1981 · High Court
21
citing judgments

Expenditure incurred for the purpose of making or earning income from 'other sources' is deductible if there is a nexus between the expenditure and the income earned. The expenditure must be linked to the income earned, not just the activity that generates the income.

Judgments citing Section 58(3)