Section 3 of the Income Tax Act

The decision most relied on for Section 3 is Dhoomketu Builders & Development (P.) Ltd. v. ACIT (368 ITR 680), cited in 41 of the 288 judgments on BharatTax that turn on this section.

Leading authorities on Section 3

Dhoomketu Builders & Development (P.) Ltd. v. ACIT
368 ITR 680 · 2014 · High Court
41
citing judgments

A real estate development business is considered 'set up' when the assessee is in a position to undertake activities for the acquisition, development, and exploitation of real estate. Expenses incurred between the setting up and commencement of such a business are allowable, even if no revenue is generated or land is classified as a non-current investment.

CIT v. Autokast Ltd.
248 ITR 110 · 2001 · Supreme Court
41
citing judgments

Interest earned on surplus funds deposited in short-term deposits is chargeable under section 56 as income from other sources. This interest cannot be treated as business income unless it is inextricably linked with the business operations.

ADM Agro Industries Latur and Vizag (P.) Ltd. v. ACIT
174 Taxmann.com 725 · 2025 · High Court
11
citing judgments

Reassessment notices issued under section 148 are valid if issued in compliance with the directions of the Supreme Court in Ashish Agarwal, including providing information and granting time for response, even if the original notice was under the old regime.

Behramji Sorabji Lalkaka v. CIT
16 ITR 301 · 1948 · High Court
8
citing judgments
70 (SC).in ITO v. Girish Kumar Gupta
175 Taxmann.com 1037 · 2025 · Reported
7
citing judgments
PCIT v. Sahara India Financial Corporation Limited
119 Taxmann.com 285 · 2020 · Supreme Court
4
citing judgments
14. Again, in Saroj Mehndi v. ITO
174 Taxmann.com 278 · High Court
4
citing judgments
DCIT v. PPFAS Asst. Management (P) Ltd.
105 Taxmann.com 103 · 2019 · ITAT
3
citing judgments
Small Industries Development Bank of India v. CBDT
440 ITR 80 · Reported
3
citing judgments

Judgments on Section 3

DCIT Corporate Circle 1(2), Chennai vs. Chennai International Terminal Pvt. Ltd., Chennai

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 1251/CHNY/2018[2012-13]Status: DisposedITAT Chennai27 Dec 2019AY 2012-13

Bench: Shri Ramit Kochar & Shri Duvvuru R.L. Reddyआयकर अपील सं./I.T.A. No. 1251/Chny/2018 िनधा"रण वष"/Assessment Year: 2012-13 The Deputy Commissioner Of M/S. Chennai International Income Tax, Vs. Terminal Pvt. Ltd., No. 1-A, Corporate Circle 1(2), New Avadi Road, High Court Colony, Chennai 600 034. Villivakkam, Chennai 600 049. [Pan:Aaccc9433A] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Guru Bashyam, Addl. Cit ""थ" की ओर से/Respondent By : Shri Vikram Vijayaraghavan, Advocate सुनवाई की तारीख/ Date Of Hearing : 25.11.2019 घोषणा की तारीख /Date Of Pronouncement : 27.12.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai Dated 18.12.2017 Relevant To The Assessment Year 2012-13. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Erred In Deleting The Addition Made Towards Insurance Claim Receipts By Following The Decision In The Case Of Cit V. Saurashtra Cement Ltd. 325 Itr 422 (Sc).

For Appellant: Shri Guru Bashyam, Addl. CITFor Respondent: Shri Vikram Vijayaraghavan, Advocate
Section 3