Section 34 of the Income Tax Act

The decision most relied on for Section 34 is CIT v. Lanco Industries Ltd. (242 ITR 357), cited in 9 of the 288 judgments on BharatTax that turn on this section.

Leading authorities on Section 34

Judgments on Section 34

Naresh Kumar, Gurgaon, Haryana vs. PCIT, Jaipur

The appeal of the assessee is allowed

ITA 209/JPR/2024[2019-20]Status: DisposedITAT Jaipur28 Sept 2026AY 2019-20

Bench: Smt. Annapurna Gupta & Shri T. R. Senthil Kumarnaresh Kumar, Vs. Pcit Village Sikanderpur Jaipur (Badha), Vpo Sikanderpur, Tehsil Manesar, Gurgaon "थायीलेखासं./जीआइआरसं./Pan/Gir No:Aabtb 7344 K Appellant .. Respondent Appellant By : Sh. Rakesh Kumar (Thru V.C.) Respondent By : Sh. Shravan Kumar Meena, Cit Date Of Hearing 08.07.2026 Date Of Pronouncement 28.09.2026 O R D E R Per Annapurna Gupta, Am:- The Present Appeal Was Originally Heard By The Division Bench Consisting Of Hon’Ble, Sh. Rathod Kamlesh Jayantbhai & Hon’Ble, Sh. Narinder Kumar. On Account Of A Difference Of Opinion Between The Hon’Ble Members On P A G E | 2 Naresh Kumar Certain Issues Arising In The Appeal, The Following Point(S) Of Difference Were Framed & Referred To The Hon’Bleof The Tribunal Under Section 255(4) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). “Whether Based On The Facts & Circumstances Of The Case When The Ld. Ao Has Verified The Issue Of Chargeability Of Interest In Hands Of The Assessee & Taken A Plausible View. Whether That View Taken By The Ld. Ao Which Is One Of The Plausible View Can Be Subjected To Revision As Per Provision Of Section 263 Of The Act Or Not”

For Appellant: Sh. Rakesh Kumar (thru V.C.)For Respondent: Sh. Shravan Kumar Meena, CIT
Section 143(3)Section 144BSection 145B(1)Section 255(4)Section 263Section 28Section 57

Ganesh Ram Dokania, Banka vs. ACIT, Cir-2, Patna

In the result, the appeal of the assessee is allowed

ITA 238/PAT/2025[2014-15]Status: DisposedITAT Patna08 Jan 2026AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Years: 2014-15 Ganesh Ram Dokania………..……..………………….……….……….……Appellant Dokania Market, Aliganj, Bihar-813102.. [Pan: Aadfg1795P] Vs. Acit, Circle-2, Patna…….………...…………………….....……...…..…..Respondent Appearances By: Shri Manish Rastogi, Adv., Appeared On Behalf Of The Appellant. Md. A H Chowdhury, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 17, 2025 Date Of Pronouncing The Order : January 08, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.03.2025 Of The Cit(A)-3, Patna (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. Facts In Brief Are That The Assessee Is Engaged In Real Estate Business & The Assessee Filed Return Of Income On 15.11.2016 In Response To Notice U/S 153A Of The Act By Declaring Total Income Of Rs.31,56,350/-. Notice U/S. 143(2) Of The Act Was Issued & Subsequently, Assessment U/S. 153A/144 Was Completed At A Total Income Of Rs.25,67,79,232/- Wherein The Assessing Officer Imposed Penalty U/S. 271Aab Of The Act At Rs. 1,60,00,000/- On Undisclosed Income.

Section 143(2)Section 153ASection 250Section 271(1)(c)Section 271ASection 274