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“Section 136(1)”

Section References (mined)Section 136Section 136(1)1 judgments

The decision most relied on for Section 136(1) is CIT, Gujarat II v. Surendra Gulab Chand Modi (140 ITR 517), cited in 88 judgments on BharatTax.

Leading authorities on Section 136(1)

CIT, Gujarat II v. Surendra Gulab Chand Modi
140 ITR 517 · 1983 · High Court
88
citing judgments

Protective assessments should not be deleted or disposed of by lower authorities, but rather allowed to remain in effect until the related substantive assessment proceedings attain finality before the High Court or Supreme Court.

CIT v. Ms. Jagriti Aggarwal
339 ITR 610 · 2011 · High Court
66
citing judgments

A return of income filed within the period allowed under Section 139(4) is valid for claiming exemptions and deductions, including those under Sections 54, 54F, and 80AC. However, depositing the unutilized capital gains in the Capital Gains Account Scheme is a statutory and mandatory requirement for claiming exemption under Section 54F.

1. Paresh Babubhai Bhalani v. ITO
136 Taxmann.com 139 · 2022 · High Court
57
citing judgments

Reasons recorded for reopening an assessment must be linked with tangible material to suggest that income has escaped assessment, and cannot be based on mere "borrowed satisfaction."

Mrs. Madhu Kaul v. CIT
363 ITR 54 · 2014 · High Court
35
citing judgments

The period of holding a flat for capital gains purposes commences from the date of the allotment letter and the first installment payment, not from the later date of possession or registration.

CIT v. Smt. Bharati C. Kothari (Cal)
244 ITR 352 · 2000 · High Court
27
citing judgments

An assessee is entitled to a deduction under section 54 if substantial steps have been taken towards acquiring a new residential property, even if the sale deed has not yet been executed, provided the intention to purchase and invest is evident.

Ranbaxy Laboratories Ltd V. CIT (2011) 336 ITR 136 (Del) (ii)CIT v. Adhunik Niryatlspat Ltd.
81 Taxmann.com 73 · 2017 · High Court
20
citing judgments

If the original reason for reopening an assessment under Section 147 is not sustained, the Assessing Officer cannot make an addition on a different issue.

301 ITR 404 (Raj) CIT v. Prameshwar Bohra
45 Taxmann.com 441 · 2014 · High Court
19
citing judgments

The Assessing Officer must conduct a proper and thorough inquiry before rejecting the assessee's accounts or making additions under Section 68, as an inadequate inquiry can lead to unjustified additions.

Deputy Director of Income Tax, (2017) 397 ITR 665; Syfonia Tradelinks Private Limited v. Income Tax Officer
2021 SCC OnLine DEL 2692 · 2021 · Reported
14
citing judgments

Section 153D of the Income Tax Act, 1961, inserted by the Finance Act 2007, is applicable to proceedings initiated after its effective date of 1st June 2007, irrespective of whether prior judgments directly referred to it.

Judgments citing Section 136(1)