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“Section 145(2)”

Section References (mined)Section 145Section 145(2)292 judgments

The decision most relied on for Section 145(2) is Lalchand Bhagat Ambica Ram v. CIT (37 ITR 288), cited in 570 judgments on BharatTax.

Leading authorities on Section 145(2)

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

E.D. Sassoon & Co. Ltd. v. CIT
26 ITR 27 · 1954 · Supreme Court
256
citing judgments

Income is taxable only when it represents real income, not notional income. It accrues only when there is a vested right to receive it, typically upon the occurrence of a transfer or event, rather than merely on a time basis.

CIT v. N.C. Budharaja & Co.
204 ITR 412 · 1993 · Supreme Court
164
citing judgments

The word 'production' has a wider connotation than 'manufacture'; every manufacture is production, but not every production amounts to manufacture. 'Production' includes bringing into existence new goods, by-products, or inter-products through a process, which may or may not be manufacture.

CIT v. Gurubachhan Singh J. Juneja
302 ITR 63 · 2008 · High Court
147
citing judgments

When unaccounted receipts or suppressed sales are detected and books of account are rejected under Section 145(3), additions to income must be restricted to the profit element embedded in such transactions, not the entire transaction value. This profit element is to be estimated by considering the assessee's regular profit ratio as per books of account.

National Textiles v. CIT
249 ITR 125 · 2001 · High Court
134
citing judgments

The levy of penalty under Section 271(1)(c) requires material evidence that the assessed amount does not represent the assessee's income and proof of conscious concealment or furnishing inaccurate particulars. A penalty cannot be sustained merely because income is assessed on an estimation basis without positive evidence of concealment.

Prakash Cotton Mills Pvt. Ltd. v. CIT
201 ITR 684 · 1993 · Supreme Court
133
citing judgments

Compensatory interest or damages paid for a breach of contract, arising in the normal course of business, are allowable as a deduction under section 37(1) as wholly and exclusively incurred for business purposes. This principle extends to indirect taxes paid in the course of business, which are admissible as business expenditure.

CIT v. UTI Bank Ltd.
32 Taxmann.com 370 · 2013 · High Court
131
citing judgments

If an assessee possesses sufficient interest-free funds, it is presumed that investments yielding exempt income were made from these funds, therefore disallowance of interest expenditure under Section 14A is not justified.

Judgments citing Section 145(2)

M/S International Seaport Dredging Private Limited, Chennai vs. DCIT, Corporate Circle-2(2), Chennai

The appeal stand allowed

ITA 1284/CHNY/2023[2016-17]Status: DisposedITAT Chennai03 Sept 2024AY 2016-17

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1284/Chny/2023 (िनधा*रणवष* / Assessment Year: 2016-17) M/S. International Seaport Dredging Dcit Private Limited Corporate Circle-2(2), P.No. 2C, 1St Floor, Ocean Square Chennai-34. बनाम/ South Phase, Thiru Vi Ka Industrial Vs. Estate, Ekkattuthangal Guindy Industrial Estate, Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabci-2286-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Ashik Shah (Ca)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-09-2024 आदेश / O R D E R

For Appellant: Shri Ashik Shah (CA)-Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. Sr. DR
Section 115JSection 143(3)Section 37

completion method. The Ld. AR further submitted that the income computation and disclosure standards (ICDS) as notified by the Central Government vide Section 145(2) are applicable only from AY 2017-18 onwards and accordingly, the same would not have an impact on AY 2016-17. Reliance has been placed

Mayfair Properties, Kolkata vs. DCIT, Cir. 32, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 395/KOL/2024[2018-19]Status: DisposedITAT Kolkata06 Aug 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.395/Kol/2024 Assessment Year: 2018-19 Mayfair Properties….…………….....……………………....………....Appellant 194, Hossenpur, Mayfair Tower, C N Roy Road, East Kolkata Township, West Bengal-700107. [Pan: Aagfm2513C] Vs. Dcit, Circle-32, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Manish Kumar Mundra, Ar, Appeared On Behalf Of The Appellant. Md. Ghayansuddin, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 20, 2024 Date Of Pronouncing The Order : August 06, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer Of Rs.16,47,19,380/- By Making Assessment Of The Income Of The Assessee Applying Percentage Completion Method As Against The Plea Of The Assessee That It Has Been Regularly Following Project Completion Method.

Section 145(2)Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri

DCIT (Ltu)-1, Mumbai vs. Aditya Birla Nuvo Ltd, Mumbai

ITA 5935/MUM/2017[2012-13]Status: DisposedITAT Mumbai01 Jul 2024AY 2012-13

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am Ι.Τ.Α. No. 5848/Mum/2017 (Assessment Year: 2012-13) Aditya Birla Nuvo Limited (Since Amalgamated With Grasim Industries Ltd.), Corporate Finance Division, A2, Aditya Birla Centre, A Wing, 2Nd Floor, S.K. Ahire Marg, Worli, Mumbai-400030. Pan: Aaaci1747H Vs. The Acit- Ltu-1, World Trade Centre, 29Th Floor, Centre-1, Cuffe Parade, Mumbai-400005. Appellant) : Respondent) Ι.Τ.Α. No. 5935/Mum/2017 (Assessment Year: 2012-13) The Dcit- Ltu-1, World Trade Centre, 29Th Floor, Centre-1, Cuffe Parade, Mumbai-400005. Aditya Birla Nuvo Limited (Since Amalgamated With Grasim Industries Ltd.), Corporate Finance Division, A2, Aditya Birla Centre, A Wing, 2Nd Floor, S.K. Ahire Marg, Vs. Worli, Mumbai-400030. Pan : Aaaci1747H Respondent) Appellant) Appellant/Assessee By : Shri Ronak Doshi / Riken Shah, Ar Revenue/Respondent By : Shri Ashish Kumar Agrawal, Sr. Dr. Date Of Hearing : 25.06.2024 Date Of Pronouncement : 01.07.2024 Order Per Padmavathy S, Am: These Cross Appeals By The Assessee & The Revenue Are Against The Order Of The Commissioner Of Income Tax (Appeals)-55, Mumbai Dated 27.06.2017 For

For Appellant: Shri Ronak Doshi / Riken ShahFor Respondent: Shri Ashish Kumar Agrawal, Sr
Section 10BSection 115JSection 14ASection 32(1)(iia)Section 37Section 40Section 43BSection 80I

2 IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JM & MS PADMAVATHY S, AM