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

Nagaraj & Others v. State of Karnataka & Another
4 SCC 595 · 1994 · High Court
43
citing judgments

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.

Aurora Educational Society v. CCIT
20 Taxmann.com 46 · 2012 · Reported
31
citing judgments

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.

Hemalatha Gargya v. CIT
259 ITR 1 · 2003 · Supreme Court
23
citing judgments

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.

Jammu Development Authority v. CIT, Jammu
23 Taxmann.com 343 · 2012 · Reported
21
citing judgments

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.

CIT-1982 Charitable Trust v. ITO
160 Taxmann.com 475 · 2024 · Reported
13
citing judgments
CIT v. Truck Operators Association
9 Taxmann.com 267 · Reported
8
citing judgments
Society, New Delhi v. Principal Commissioner of Income-tax, New Delhi
166 Taxmann.com 324 · 2024 · High Court
7
citing judgments
35 (Guj.), (iii) Bargahe Husaini Trust-Monpar v. CIT(E)
165 Taxmann.com 141 · 2024 · ITAT
6
citing judgments
449 (Gujarat) and DIT v. Society for Developing Alternatives
18 Taxmann.com 364 · 2012 · High Court
6
citing judgments
DCIT v. Gujarat State Council
41 Taxmann.com 449 · 2014 · High Court
6
citing judgments

Judgments on Section 115TD

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