Section 127 of the Income Tax Act

Income-tax Act, 2025: s.243

Section 127 of the Income-tax Act, 1961 corresponds to section 243 (Power to transfer cases) of the Income-tax Act, 2025.

Read section 243 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 127 is CIT v. Gem Plus Jewellery India Ltd. (330 ITR 175), cited in 207 of the 1,067 judgments on BharatTax that turn on this section.

Leading authorities on Section 127

CIT v. Gem Plus Jewellery India Ltd.
330 ITR 175 · 2011 · High Court
207
citing judgments

Disallowances made under various sections, such as for PF/ESIC contributions, result in an increase in business profits, and these enhanced profits are eligible for deduction under Sections 10A and 10AA. Similarly, gains from foreign exchange fluctuations directly linked to export sales are also eligible for deduction under Section 10A.

Filatex India Ltd. v. CIT
49 Taxmann.com 465 · 2014 · High Court
195
citing judgments

The Delhi High Court affirms that additions made by the Assessing Officer in assessment proceedings under Section 153A are valid when such additions are based on incriminating material found during a search. The decision did not address the validity of additions in the absence of incriminating material.

Sayaji Iron & Engg. Co. v. CIT
253 ITR 749 · 2002 · High Court
181
citing judgments

For a limited company, expenses cannot be disallowed merely on the grounds of presumed personal use of assets by directors or by treating the expenditure as a non-business purpose. Percentage disallowances of expenses in such cases are not sustainable.

PCIT v. ABC Papers Ltd.
447 ITR 1 · 2022 · Supreme Court
181
citing judgments

Appeals before the Income Tax Appellate Tribunal (ITAT) must be filed before the bench with territorial jurisdiction over the Assessing Officer's location or the assessee's principal place of business.

CIT v. Ansal Landmark Township (P.) Ltd.
61 Taxmann.com 45 · 2015 · High Court
177
citing judgments

Disallowance under section 40(a)(ia) cannot be made when the assessee has deducted tax at a lesser rate, as opposed to no deduction. The second proviso to section 40(a)(ia) is applicable retrospectively, mitigating disallowance where tax is deposited by the recipient.

Varghese v. ITO, Ernakulum
4 SCC 173 · 1981 · Reported
164
citing judgments

Circulars issued by the Central Board of Direct Taxes (CBDT) under Section 119 of the Income Tax Act are legally binding on the revenue authorities in their administration and implementation. This binding character applies even if the circulars depart from the correct interpretation of the law and cannot be ignored to the prejudice of the assessee.

Vijay Television (P.) Ltd. v. DRP
369 ITR 113 · 2014 · High Court
140
citing judgments

Passing a final assessment order under Section 143(3) directly, without first issuing a draft assessment order under Section 144C(1) for an eligible assessee, constitutes a fundamental jurisdictional defect. This defect cannot be cured by a subsequent corrigendum, especially if issued beyond the prescribed period of limitation.

CIT v. Hotel Savera
239 ITR 795 · 1999 · High Court
119
citing judgments

When an assessee has sufficient interest-free own funds available to make interest-free advances or investments, it is presumed that such advances or investments are made from these interest-free funds, thereby preventing the disallowance of interest expenditure under Section 36(1)(iii).

Siksha v. CIT
194 ITR 548 · 1992 · High Court
111
citing judgments

Tribunals should consider questions of law arising from facts on record, even if raised for the first time, if the issue is jurisdictional and requires no further fact-finding.

CIT v. NHK Japan Broadcasting Corporation
305 ITR 137 · 2008 · High Court
96
citing judgments

When no specific statutory period of limitation exists, proceedings under Section 201(1) and 201(1A) of the Income-tax Act, particularly for payments to non-residents, must be initiated within a reasonable period of four years. This limitation also applies to consequential penalty proceedings under Section 271C.

Judgments on Section 127

M/S. Rupasi Bangla Agro Industries Pvt. Ltd., Paschim Midnapur vs. ITO, Ward-38(1), Midnapur., Paschim Midnapur

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 909/KOL/2023[2013-14]Status: DisposedITAT Kolkata14 Dec 2023AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 909/Kol/2023 Assessment Year: 2013-14 M/S. Rupasi Bangla Agro Industries Income Tax Officer, Ward – 38(1), Pvt. Ltd. Vs Midnapur Duki, Village & P.O. Duki Dist. Paschim Midnapur - 721253 [Pan: Aaecr8402L] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, A/R Revenue By : Shri Abhijit Kundu, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 31/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 14/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 05/07/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Cit(A) Erred In Confirming The Order Of The Ao In Adding Back Rs.13,29,00,000/- As Unexplained Cash Credit Under Sec 68 When The Appellant Filed The Pan Of Share Applicants & Are Registered With Roc Having Cin, Bank Statement & Source Declaration Of The Share Applicants & Thus The Onus Lay On The Appellant Was Duly Discharged But The Ao Did Not Proceed Further To Make Any Enquiry & Added Back The Amount Without Bringing Any Evidence To Prove Otherwise. 2. For That The Ld. Cit(A) Erred In Confirming The Order Of The Ao In Adding Back Rs.13,29,00,000/- & Treating The Said Sum Of As Unexplained On The Ground That The Assessee Failed To Discharge Its Onus Simply Because The Share Applicants Did Not Appear In Response To Notice U/S 131 When The Same Has Nothing To Do With Ingredients To Prove The Cash Credit U/S 68. 2

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri Abhijit Kundu, CIT, Sr. D/R
Section 131Section 143(2)Section 250Section 68