Section 115TD of the Income Tax Act
The decision most relied on for Section 115TD is Nagaraj & Others v. State of Karnataka & Another (4 SCC 595), cited in 43 of the 54 judgments on BharatTax that turn on this section.
Leading authorities on Section 115TD
Substantial justice must prevail over mere procedural technicalities, and rules of procedure or technicalities of law should not obstruct the course of justice. Courts, especially higher courts, can rectify orders passed under a mistake or erroneous assumption, guided by equity and fairness.
The scope and amplitude of Section 10(23C)(vi) of the Income-tax Act and its applicable provisos, rules, and forms are the subject of examination in relation to applications for approval.
Dismissal of a Special Leave Petition (SLP) does not operate as a confirmation of the reasoning in the decision appealed against. An order refusing SLP does not replace the order under challenge.
The introduction of the proviso to Section 2(15) resulted in the omission of Section 10(20A), thereby removing the exemption benefit previously available to authorities constituted for housing, planning, development, or improvement of cities and villages.
Judgments on Section 115TD
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