Section 38(2) of the Income Tax Act

The decision most relied on for Section 38(2) is CIT v. Radico Khaitan Ltd. (274 ITR 354), cited in 56 of the 60 judgments on BharatTax that turn on this section.

Leading authorities on Section 38(2)

CIT v. Radico Khaitan Ltd.
274 ITR 354 · 2005 · High Court
56
citing judgments

Where an assessee has mixed funds (borrowed and interest-free) and makes interest-free advances, it is presumed that such advances are made from interest-free funds if sufficient interest-free funds are available. This principle guides the disallowance of interest on borrowed capital under Section 36(1)(iii) if funds are diverted for non-business purposes without business expediency.

CIT v. Uttam Chand Nahar
295 ITR 403 · 2007 · High Court
40
citing judgments

Proceedings under section 147 can be initiated if the Assessing Officer has reason to believe that income has escaped assessment. The satisfaction required for initiating reassessment proceedings under section 147 must be that of the Assessing Officer himself, based on recorded reasons, and any satisfaction required under section 151 must be endorsed on the Assessing Officer's reasons.

CIT v. Vijay Solvex Ltd.
274 CTR 384 · 2015 · High Court
20
citing judgments

Commercial expediency is not relevant to the allowability of interest-free advances when the advances are not made out of interest-bearing funds. The utilization of funds for capital investment in building constitutes commercial expediency.

ACIT v. Ganpati Enterprises Ltd.
142 ITD 118 · 2013 · ITAT
11
citing judgments

Where an Assessing Officer (AO) seeks to reject an assessee's book results and make an assessment based on best judgment, they must first identify specific defects in the books of account and seek an explanation from the assessee. If the assessee fails to explain these defects, the AO may then compute income by estimation. Ad hoc disallowances are not justified if no defects in the books are pointed out.

CIT v. Dhanrajgiri Raja Narasingirji
199 Taxmann 181 · 2011 · High Court
7
citing judgments

Judgments on Section 38(2)

Hindumal Balmukund Investment Co.Pvt.Ltd., Pune vs. Deputy Commissioner of Income Tax, Pune

In the result, the appeal of the assessee is allowed as indicated above

ITA 570/PUN/2017[2013-14]Status: DisposedITAT Pune14 Sept 2020AY 2013-14

Bench: Shri P.M. Jagtap & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.570/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Hindumal Balmukund Investment Co. Pvt. Ltd., 2Nd Floor, Lohia Jain House, Bhandarkar Road, Shivajinagar, Pune-411045. .......अपीलाथ" / Appellant Pan : Aaach4226Q बनाम / V/S. Dcit, Circle-11, ……""यथ" / Respondent Pune. Assessee By : Shri Vardhaman Jain Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 11.09.2020 घोषणा क" तारीख / Date Of Pronouncement : 14.09.2020 आदेश / Order Per P.M. Jagtap, Vp : This Appeal Is Preferred By The Assessee Against The Order Of Ld. Cit(A)-1, Pune Dated 16.01.2017 On The Following Grounds As Originally Raised :- “1. The Learned Cit(A) Erred In Law & On Facts In Confirming The Disallowance Of Rs.6,13,115, Being Depreciation On Car. 2. The Learned Cit(A) Further Erred In Law & On Facts In Confirming The Disallowance Of The Claim Of Rs.1,88,07,686 U/S 80Ia(4) Of The I T Act, 1961.” 2. At The Time Of Hearing Before Us, Ld. Representatives Of Both The Sides Have Agreed That The Issue Involved In Ground No.1 Of This Appeal Relating To The Disallowance Made By The Assessing Officer & Confirmed By The Ld. Cit(A) Out Of The Depreciation On Car For Personal Use Of Directors Is Squarely Covered In Favour Of The Assessee By The Decision Of This Tribunal Rendered In Assessee’S Own Case For The Immediately Preceding Assessment Year I.E. A.Y. 2012-13 Vide

For Appellant: Shri Vardhaman JainFor Respondent: Shri S. P. Walimbe
Section 38(2)Section 80HSection 80ISection 80J

M/S.Emco Dyestuff Private Limited, Mumbai vs. DCIT 12(2)(1), Mumbai

In the result appeal of the assessee in ITA No

ITA 703/MUM/2018[2013-14]Status: DisposedITAT Mumbai04 Jul 2019AY 2013-14

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.703/Mum/2018 (नििाारण वर्ा / Assessment Year: 2013-14) बिाम/ M/S. Emco Dyestuff Dcit 12(2)(1), Private Ltd. 5Th Floor, Unit No. 304, Earnest House, V. Western Edge, Nariman Point, W E Highway, Mumbai-400021 Dattapada Road, Borivali East, Mumbai-400066 स्थायी ऱेखा सं./ Pan: Aaace1167D (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. Snehal R. Shah Revenue By: Shri. V.K Chaturvedi (Dr) सुनवाई की तारीख /Date Of Hearing : 10.04.2019 घोषणा की तारीख /Date Of Pronouncement : 04.07.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 703/Mum/2018, Is Directed Against Appellate Order Dated 16.10.2017, Passed By Learned Commissioner Of Income Tax (Appeals)-20, Mumbai (Hereinafter Called “The Cit(A)”) In Appeal Number Cit(A)-20/Dcit-12(2)(1)/It-10040/16- 17 For Assessment Year 2013-14, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 11.03.2016 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2013-14. I.T.A. No.703/Mum/2018

For Appellant: Shri. Snehal R. ShahFor Respondent: Shri. V.K Chaturvedi (DR)
Section 143(3)

Aditya Jyot Eye Hospital P.Ltd, Mumbai vs. ITO 6(1)-1, Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

ITA 5325/MUM/2015[2010-11]Status: DisposedITAT Mumbai24 Oct 2018AY 2010-11

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5325/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2010-11) Aditya Jyot Eye Hospital बिधम/ Ito 6(1)-1 5Th Floor, Aayakar Bhavan, Pvt. Ltd. Vs. 153, Major Parameshwaran Mumbai-400020. Road Wadala (W) Mumbai-400031. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadca2900R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria (Dr) Assessee By: Shri Anil Sathe (Ar) सुनवाई की तारीख / Date Of Hearing: 04.09.2018 घोषणा की तारीख /Date Of Pronouncement: 24.10.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 13.08.2015 Passed By The Commissioner Of Income Tax (Appeals)-12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ay. 2010-11. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case, Ld. Clt (Appeals) Erred In Confirming The Conclusion Of The Assessing Officer That The Flat Purchased For Providing

For Appellant: Shri Anil Sathe (AR)For Respondent: Shri Chaitanya Anjaria (DR)
Section 133(6)Section 143(1)Section 143(2)Section 2(22)(e)Section 40A(3)