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

Jelly Commotrade Pvt. Ltd., Kolkata vs. ITO, Ward-7(1), Kolkata

In the result, appeal of the assessee is allowed in part

ITA 196/KOL/2017[2009-2010]Status: DisposedITAT Kolkata15 Mar 2019AY 2009-2010

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi) Assessment Year: 2009-10 Jelly Commotrade Pvt. Ltd…..…………….............................…..……………….…...……..…….............Appellant C/O. Rsvpc & Company 41A, A.J.C. Bose Road Suite No. 613 Kolkata – 700 017 [Pan : Aaccj 0218 Q] Vs. Income Tax Officer, Ward-7(1), Kolkata……........................................……………...…...........Respondent Appearances By: Shri V.K. Jain, A/R, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 4Th, 2019 Date Of Pronouncing The Order : March 15Th , 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-3, Kolkata, (Ld. Cit(A)) Passed U/S. 250 Of The Income Tax Act, 1961, (The ‘Act’), Dt. 29/11/2016, For The Assessment Year 2009-10. 2. The Assessee Is A Private Limited Company & Is In The Business Of Investments. It Filed Its Original Return Of Income For The Assessment Year 2009-10 On 18/07/2009, Declaring Total Income Of Rs.1,370/-. The Assessing Officer Processed The Return U/S 143(3) Of The Act & Thereafter The Assessment Was Re-Opened & An Order U/S 143(3) R.W.S. 147 Of The Act, Was Passed On 24/11/2011, Assessing The Total Income At Rs.63,670/-. This Order Was Set Aside By The Ld. Cit-2, Kolkata, Vide Order U/S 263 Of The Act, Dt. 25/03/2014 & The Assessing Officer Was Directed To Pass A Fresh Assessment Order For Making Necessary Enquiries & Verifications As Mandated By The Ld. Cit-2, Kolkata.

Section 127Section 143Section 143(2)Section 143(3)Section 144Section 250Section 263Section 68