“Section 100(4)”
The decision most relied on for Section 100(4) is CIT v. Creative World Telefilms Ltd. (333 ITR 100), cited in 235 judgments on BharatTax.
Leading authorities on Section 100(4)
If an assessee provides the identity, address, PAN, and banking details of shareholders for share capital or application money received through banking channels, the Assessing Officer must conduct a thorough investigation beyond merely issuing unserved summons before making an addition under Section 68.
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.
A rate imposed upon a business owner or occupier, where the quantum is fixed after considering the owner's circumstances including business income, is not assessed on the basis of profits and is therefore allowable as a business expense.
The High Court's jurisdiction to interfere with lower appellate court decisions under Section 100 of the Code of Civil Procedure is limited to substantial questions of law, and re-appreciation of evidence to interfere with findings of fact is not warranted.
