Section 153A(1)(b) of the Income Tax Act

The decision most relied on for Section 153A(1)(b) is CIT v. Bharti Televenture Ltd. (331 ITR 502), cited in 89 of the 100 judgments on BharatTax that turn on this section.

Leading authorities on Section 153A(1)(b)

CIT v. Bharti Televenture Ltd.
331 ITR 502 · 2011 · High Court
89
citing judgments

Interest expenditure cannot be disallowed under Section 36(1)(iii) for interest-free advances made to subsidiaries or group companies if the advances are from owned funds or are justified by commercial expediency.

Triveni Engineering Works Ltd. v. CIT
187 ITR 363 · 1991 · High Court
56
citing judgments

Interest paid on borrowed capital is only deductible if the loans were utilized for the assessee's business during the accounting year. Any portion of interest related to non-business purposes is not allowable as an expenditure.

CIT v. V.I. Baby & Co.
254 ITR 248 · 2002 · High Court
40
citing judgments

Where an assessee claims that investments were made from their own non-interest bearing funds, the onus is on them to establish this, particularly when funds are mixed.

Asstt. CIT v. Spray Engineering Devices Ltd.
23 Taxmann.com 267 · 2012 · ITAT
39
citing judgments

A contrary Tribunal order is superseded by a High Court's view which was subsequently followed by another Tribunal bench.

Sushee Hi Tech Constructions (P.) Ltd. v. Dy. CIT
33 Taxmann.com 236 · 2013 · ITAT
34
citing judgments

Contracts involving development, operation, maintenance, financial involvement, and defect correction are eligible for deduction under section 80-IA(4), even when allotted by government bodies. Such contracts are not considered simple works contracts for the purpose of denying this deduction.

CIT v. Mahanagar Gas Ltd.
42 Taxmann.com 40 · 2014 · High Court
30
citing judgments

An auditor's qualification of expenditure as prior period expenditure does not automatically justify its reversal if the factual findings support its allowability.

CIT v. Orissa Cement Ltd.
258 ITR 365 · 2002 · High Court
30
citing judgments

Interest on borrowed funds is not deductible to the extent funds are diverted for non-business purposes, even if the diversion is not illegal but contrary to public policy or government policy. The court considers the reality that borrowings would have been less without such diversions.

Gas Ltd. v. DCIT
221 Taxmann 80 · 2014 · High Court
23
citing judgments

Expenditure incurred in a prior period, but crystallising in the current assessment year upon receipt of bills, is allowable as a deduction.

Calcutta (xvii) Commissioner of Income Tax v. Atam Valves (P) Ltd.
332 ITR 468 · High Court
22
citing judgments
J.K. Synthetics Ltd. v. Addl. CIT
105 ITR 344 · 1976 · High Court
14
citing judgments

When an assessment comes before an Appellate Assistant Commissioner (AAC), their jurisdiction extends to the entire assessment, not just the issues raised by the assessee. The AAC can correct errors made by the Income Tax Officer (ITO) even on matters not appealed by the assessee.

Judgments on Section 153A(1)(b)

Sheena Textiles Limited, Chandigarh vs. ACIT Cir. 10(3) (Now DCIT Cir. 15(3)(2)), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be allowed for statistical purposes

ITA 6425/MUM/2016[2004-05]Status: DisposedITAT Mumbai24 Jul 2019AY 2004-05

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.6425 & 6426/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2004-05 & 2005-06) M/S. Sheena Textiles Ltd बिधम/ Acit Circle 10(3), Mumbai 189, Tarun Enclave, Now Dcit Circle 15(3)(2) Vs. Ptampura, New Delhi Mumbai. Shri Ram Prakash Chugh, Director, Sheena Textiles Ltd, C/O Khurana Vineet & Associates Chartered Accountants, Sco-63, 11Nd Level, Sector-20C, Chandigarh. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaact6259R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Dr. Narender Kumar (Dr) Assessee By: Shri Tej Mohan Singh & Vineet Khurana सुनवाई की तारीख / Date Of Hearing: 22.07.2019 घोषणा की तारीख /Date Of Pronouncement: 24.07.2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 01.07.2016 Passed By The Commissioner Of Income Tax (Appeals) - 24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2004-05 & 2005-06. Ita. No.6425/M/2016

For Appellant: Shri Tej Mohan Singh & VineetFor Respondent: Shri Dr. Narender Kumar (DR)
Section 10Section 143(3)Section 153ASection 56GSection 69C