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“Section 143(43)”

Section References (mined)Section 143Section 143(43)1 judgments

The decision most relied on for Section 143(43) is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on Section 143(43)

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Ponni Sugars & Chemicals Ltd.
306 ITR 392 · 2008 · Supreme Court
577
citing judgments

The "Purpose Test" determines whether an incentive or subsidy is a capital or revenue receipt for income tax purposes. If the incentive's purpose is to enable an assessee to set up a new industry or make investments in capital assets, it is a capital receipt and not taxable.

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Sahney Steel and Press Works Ltd. v. CIT
228 ITR 253 · 1997 · Supreme Court
429
citing judgments

A subsidy is treated as a revenue receipt if the assessee is free to use the money in its business as it likes and is not obligated to spend it for a specific capital purpose, such as acquiring assets or repaying loans.

M/s Mahadev Cold Storage v. Jurisdictional AO
43 Taxmann.com 33 · 2014 · High Court
262
citing judgments

Employees' contributions to welfare funds are an allowable deduction if paid before the due date for filing the income-tax return under section 139(1), even if the payment is made beyond the due date specified by the respective welfare fund Acts, as per the provisions of section 43B.

Brooke Bond India Ltd. v. CIT
225 ITR 798 · 1997 · Supreme Court
228
citing judgments

Expenditure incurred for increasing a company's share capital or expanding its capital base, such as expenses related to the issue of shares, constitutes capital expenditure. Such expenses are not deductible as revenue expenditure under Section 37(1) of the Income-tax Act, 1961, even if they incidentally benefit the business.

Calcutta in CIT v. Vijay Shree Ltd.
43 Taxmann.com 396 · 2014 · High Court
214
citing judgments

Employees' contribution to provident fund and ESI, if paid by the assessee before the due date for filing the return of income under section 139(1), is an allowable deduction under section 43B. No distinction is drawn between employer's and employee's contributions for the purpose of section 43B.

DCIT v. Reliance Industries Ltd.
88 ITD 273 · 2004 · ITAT
169
citing judgments

Interest, sales tax, and purchase tax subsidies received by an assessee are generally considered capital receipts, not revenue income, for income tax purposes.

Judgments citing Section 143(43)

M/S Perfect Stone Limited, Chennai vs. ITO NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 785/CHNY/2022[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.785/Chny/2022 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Perfect Stone Limited, Vs. The Assistant Commissioner Of New No. 7, Lvr Centre, Seshadri Income Tax, National Faceless Road, Alwarpet, Chennai 600 006. Assessment Centre, New Delhi. [Pan:Aaacp1931G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 27.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi, Dated 30.08.2022 Relevant To The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessment Order For The Assessment Year 2016-17 Was Passed Under Section 143(43) Of The Income Tax Act, 1961 [“Act” In Short] On 23.12.2018. Since The Audit

For Appellant: Shri G. Tarun, Advocate for Shri S. Sridhar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(43)Section 271BSection 274Section 44A

year 2016-17. 2. Brief facts of the case are that the assessment order for the assessment year 2016-17 was passed under section 143(43) of the Income Tax Act, 1961 [“Act” in short] on 23.12.2018. Since the audit 2 I.T.A. No.785/Chny/22 report was filed beyond the due date