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

Leelavati Vijaykumar Kotecha, Jalgaon vs. Deputy Commissioner of Income-Tax, Central Circle -(1), Nashik

In the result, appeal of the Assessee is Partly Allowed

ITA 1258/PUN/2018[2012-13]Status: DisposedITAT Pune08 Aug 2022AY 2012-13

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1258/Pun/2018 िनधा"रणवष" / Assessment Year : 2012-13 Leelavati Vijaykumar Kotecha, The Dy.Commissioner Of 4, Teachers Colonyh, Ring Vs Income Tax, Cc(1), Road, Jalgaon- 425001. Nashik. Pan: Alvpk 4435 H Appellant/ Assessee Respondent / Revenue Assessee By Shri Hari Krishan & Jaygobind Palai –Ar Revenue By Shri S.P.Walilmbe – Dr Date Of Hearing 29/07/2022 Date Of Pronouncement 08/08/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-12, Pune For The A.Y. 2012-13 Dated 27.04.2018, Emanating Out Of Order Under Section 271(1)(C) Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: “5. In The Facts & Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Passing The Assessment Order Without Having Jurisdiction Because, No Opportunity Of Being Heard Was Granted To The Appellant U/S 127 & Also Disregarding The Objections Raised U/S 292Bb In This Regard. Without Prejudice To The Above & Alternatively. 6. In The Facts & Circumstances Of The Case & In Law, The Assessing Officer Erred In Levying Penalty U/S 271(L)(C) On The Basis Of Notice U/S

Section 127Section 144Section 271Section 271(1)(c)Section 274Section 292BSection 68Section 69A

Anil Kumar Khadelwal(HUF), Bareiily vs. ITO-1(1), Bareilly

In the result, the appeal of the assessee is allowed

ITA 110/LKW/2022[2017-18]Status: DisposedITAT Lucknow21 Jul 2022AY 2017-18

Bench: Shri. A. D. Jainassessment Year: 2017-18 Anil Kumar Khandelwal(Huf) V. The Ito 1(1) 39, Moar Kothi, Gangapur Bareilly Bareilly Tan/Pan:Aacha2002E (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Harish Gidwani D.R. Date Of Hearing: 12 07 2022 Date Of Pronouncement: 21 07 2022 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A), Nfac, Delhi, Dated 15.3.2022, For Assessment Year 2017- 18, Raising The Following Grounds Of Appeal: 1. Because No Notice U/S 143(2) Of The Act Was Issued By The Ito-1(1), Bareilly-New, Being The Income-Tax Authority Vested With The Jurisdiction Of Assessing Officer In The Case Of The Appellant, The Assessment Order Dated 20.12.2019 Passed By The Said Income-Tax Authority Is Wholly Without Jurisdiction & Consequently The Said Assessment Order Deserved To Be Held As Bad In Law & Thus Was Liable To Be Quashed. 2. Because Even If It Is Held That The Acit-1, Bareilly Was Validly Vested With The Jurisdiction Of The Assessing Officer On The Date Of Issue Of Notice U/S 143(2) Dated 24.09.2018 Then Also The Assessment Order Dated 20.12.2019 Cannot Be Held To Be Legally Valid As The Same Was Not Passed By The Acit-1, Bareilly Who Initiated The Regular Assessment Proceedings By Issuing Notice U/S 143(2) Dated 24.09.2018. Page 2 Of 15

For Appellant: Shri P. K. Kapoor, C.AFor Respondent: Shri Harish Gidwani D.R
Section 127Section 143(2)Section 143(3)Section 69A

Kashyap K. Mehta, Mumbai vs. ACIT 21 (2), Mumbai

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1236/MUM/2019[2011-12]Status: DisposedITAT Mumbai24 Jun 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1236/Mum/2019 (निर्धारण वर्ा / Assessment Years: 2011-12) Kashyap K. Mehta बिधम/ Acit-21(2) 26/27 A Wing, Ahuja Piramal Chambers, Dr. Ss Vs. Tower, Raja Bhau Desai Rao Marg, Parel Mumbai- Marg, Prabhadevi, Mumbai- 400012. 400025. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aafpm4290H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vinod Kumar Bindal Revenue By: Shri Rajesh Ojha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/06/2022 घोषणा की तारीख /Date Of Pronouncement: 24/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-33, Mumbai Dated 02.01.2019 For The Assessment Year 2011-12. 2. At The Outset, The Ld. Ar Of The Assessee Shri Vinod Kumar Bindal Submitted That The Assessee Is Raising The Additional Grounds Of Appeal Which Reads As Under: - “1. The Impugned Assessment Order Is Bad In Law Ab Initio As The Assessing Officer Who Passed The Same Did Not Have Any Valid Jurisdiction For The Purpose As No Mandatory Assessment Jurisdiction Transfer Order U/S 127(2) Of The Act Was Passed By The Pcit 27 Mumbai To Transfer The Same From The Earlier Assessing Officer Ito Ward 27(2) Mumbai To The Ward Ito 21(2) Mumbai Who Has Passed The Impugned Assessment Order As Is Clear From The Reply Dated 21.03.2022 Received Under The Rti Act In This Regard By The Appellant.

For Appellant: Shri Vinod Kumar BindalFor Respondent: Shri Rajesh Ojha (Sr. AR)
Section 127(2)Section 129Section 147Section 153A