Section 145B(1) of the Income Tax Act
The decision most relied on for Section 145B(1) is Eagle Flask Industries Ltd. v. Commissioner of Central Excise, 2004 Supp (4) SCR 35. State of Jharkhand v Ambay Cements (1 SCC 368), cited in 146 of the 35 judgments on BharatTax that turn on this section.
Leading authorities on Section 145B(1)
When a statute mandates a specific procedure for an act and imposes severe consequences for non-compliance, that requirement is mandatory and must be strictly followed. This principle underscores the strict construction of taxing statutes, requiring compliance in the prescribed manner and no other way.
A tax amendment explicitly stating an effective date applies prospectively from that date. Even if an amendment is labelled 'for removal of doubts,' it cannot be presumed retrospective if it alters or changes the law as it earlier stood.
Interest received under Section 28 of the Land Acquisition Act, 1894, on enhanced compensation does not form part of the compensation itself but is taxable as 'income from other sources', analogous to interest under Section 34 of the Act.
Reassessment initiated under Section 148 is invalid if the reasons recorded for reopening incorrectly state that no return of income was filed by the assessee when a return had, in fact, been filed. Such a fundamental factual error vitiates the entire basis for the reassessment proceedings.
Additional amounts, solatium, and interest on excess compensation under the Land Acquisition Act form part of enhanced compensation under section 45(5) and are taxable in the year of receipt. If TDS is deducted, the Assessing Officer must determine the nature of the land acquired and the taxability of the compensation or enhanced compensation.
Interest awarded under Section 28 of the Land Acquisition Act is part of enhanced compensation and cannot be taxed as 'Income from Other Sources' under Section 56(2)(viii). This decision reaffirms the principles laid down in CIT v. Ghanshyam (HUF).
Judgments on Section 145B(1)
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