Section 10(34) of the Income Tax Act

Income-tax Act, 2025: s.11

Section 10(34) falls under section 10 of the Income-tax Act, 1961, which corresponds to section 11 (Incomes not included in total income) of the Income-tax Act, 2025.

Read section 11 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 10(34) is CIT v. Reliance Utilities & Power Ltd. (313 ITR 340), cited in 2,118 of the 731 judgments on BharatTax that turn on this section.

Leading authorities on Section 10(34)

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

CIT v. HDFC Bank Ltd.
366 ITR 505 · 2014 · High Court
1,261
citing judgments

When an assessee possesses interest-free funds sufficient to cover investments yielding tax-free income, it is presumed that such investments were made from these interest-free funds, precluding disallowance of interest expenditure under Section 14A.

ACIT v. Vireet Investment Pvt. Ltd.
82 Taxmann.com 415 · 2017 · High Court
789
citing judgments

Disallowance computed under Section 14A, read with Rule 8D, cannot be added to book profits under Section 115JB for Minimum Alternate Tax (MAT) purposes. Additionally, for Section 14A disallowance, only investments that yielded exempt income during the year are considered for calculating their average value.

HDFC Bank Ltd. v. DCIT
383 ITR 529 · 2016 · High Court
408
citing judgments

Where an assessee has sufficient interest-free funds, investments yielding exempt income are presumed to be made out of such funds, precluding disallowance of related interest expenditure under section 14A.

Vijaya Bank v. CIT
323 ITR 166 · 2010 · Supreme Court
392
citing judgments

A provision for bad and doubtful debts debited to the profit and loss account and reduced from advances on the balance sheet constitutes a write-off for deduction purposes. This is true even if individual debtor accounts are not closed.

Southern Technologies Ltd. v. JCIT
320 ITR 577 · 2010 · Supreme Court
353
citing judgments

The case concerns the allowability of deductions for provisions made under Section 36 of the Income Tax Act, 1961, especially those related to bad and doubtful debts. It distinguishes such deductions from the recognition of interest income on non-performing assets (NPAs).

United Commercial Bank v. CIT
240 ITR 355 · 1999 · Supreme Court
314
citing judgments

Liabilities accrued on a notional basis are allowable as deductions under the mercantile system of accounting even if their exact quantification or discharge is deferred to a future date or if the demand itself is disputed.

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

CIT v. Gopal Purohit
336 ITR 287 · 2011 · High Court
254
citing judgments

The gain from delivery-based share transactions, where shares are consistently treated as investments and valued at cost in the books, is assessable as capital gains and not business income. An assessee's consistent stand on classifying share transactions should generally be followed by the assessing officer in subsequent years.

State Bank of Travancore v. CIT
158 ITR 102 · 1986 · Supreme Court
222
citing judgments

Under the mercantile system of accounting, interest income accrues and is taxable in the year it arises, even for "sticky" or doubtful loans, as the right to receive the income is paramount, not its actual receipt, provided there is an agreement for payment.

Judgments on Section 10(34)

Ganapathi Jana Seva Bhander, Kolkata vs. I.T.O.(Exemption) Ward 1(1), Kolkata

Appeal is dismissed

ITA 1442/KOL/2019[2013-14]Status: DisposedITAT Kolkata22 Nov 2019AY 2013-14

Bench: Sri S. S. Godara] आयकर अपीलसं./I.T.A No.1442/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Ganapathi Jana Seva Bhandar Vs. Ito(Exemption), Ward-1(1), Kolkata 31, Shakespeare Sarani, 4Th Floor, Room No.405A & B, Kolkata "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaatg2294E (Appellant) .. (Respondent) Appellant By : Shri Parash Nath Keshari, Fca Respondent By : Shri Dhrubajyoti Ray, Jcit, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 11/11/2019 घोषणा क" तार"ख/Date Of Pronouncement : 22/11/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax (A) - 25, Kolkata Order Dated 25.04.2019 Passed In Case No.121/Cit(A)-25/Kol/2015-16 Involving Proceedings U/S 154 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance In The Instant Appeal Is That Both The Lower Authorities Have Erred In Law As Well Facts In Disallowing Section 10(34) Exemption In Respect Of Dividend Received Amounting To Rs.10,57,484/-. Learned Counsel’S Case During The Hearing Is That The Impugned Exemption Has Been Wrongly Denied To The Taxpayer. The Revenue’S Case On The Other Hand Rests On Section 11(7) Of The Act Which Reads As Under:

For Appellant: Shri Parash Nath Keshari, FCAFor Respondent: Shri Dhrubajyoti Ray, JCIT, Sr. DR
Section 10Section 10(34)Section 11(7)Section 12ASection 154

JCIT (OSD) Ltu 2, Chennai vs. Ti Financial Holdings Limited, Chennai

ITA 1974/CHNY/2019[2015-16]Status: DisposedITAT Chennai01 Nov 2019AY 2015-16

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.1974/Chny/2019 िनधा"रण वष"/Assessment Year:2015-16 The Joint Commissioner Of M/S. Ti Financial Holdings Limited, Income Tax (Osd), Vs. Date House, No. 234, Large Taxpayer Unit – 2, Room No. Nsc Bose Road, 711, 7Th Floor, Wanaparthy Block, No. Chennai 600 001. 121, M.G. Road, Chennai 34. [Pan:Aaact1249H] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Jcit ""थ" की ओर से/Respondent By : Shri R. Vijayaraghavan, Advocate सुनवाई की तारीख/ Date Of Hearing : 21.10.2019 घोषणा की तारीख /Date Of Pronouncement : 01.11.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai Dated 21.03.2019 Relevant To The Assessment Year 2015-16. The Grounds Raised In The Appeal Of The Revenue Are That The Ld. Cit(A) Has Erred In Directing The Assessing Officer To Recomputed The Disallowance Under Section 14A To The Extent Of Investments Which Yield Exempt Income During The Year Under Consideration & The Ld. Cit(A) Has Erred In Holding That The 2

For Appellant: Ms. R. Anita, JCITFor Respondent: Shri R. Vijayaraghavan, Advocate
Section 10(34)Section 115JSection 14A