Section 90A of the Income Tax Act

The decision most relied on for Section 90A is CIT v. Eli Lilly & Co.(India) Pvt. Ltd. (178 Taxmann 505), cited in 172 of the 194 judgments on BharatTax that turn on this section.

Leading authorities on Section 90A

CIT v. Eli Lilly & Co.(India) Pvt. Ltd.
178 Taxmann 505 · 2009 · Supreme Court
172
citing judgments
Builders’ Association Of India v. Union Of India
2 SCC 645 · 1989 · Reported
113
citing judgments
Sambhaji and Others v. Gangabai and Others
17 SCC 117 · 2008 · Supreme Court
87
citing judgments

Procedural law serves as an aid to justice, not an obstruction, and should not ordinarily be construed as mandatory; it is subservient to substantive justice.

VLS Finance Limited & Another v. Commissioner of Income Tax & Another
12 SCC 32 · 2016 · Reported
77
citing judgments

Transaction charges paid to a stock exchange are for providing a facility and not fees for technical services, thus no tax deduction is required under Section 194J.

Duraiswamy Kumaraswamy v. PCIT
460 ITR 615 · 2024 · High Court
50
citing judgments

An assessee's claim for Foreign Tax Credit (FTC) cannot be rejected merely because Form 67 was filed after the due date under section 139(1), provided it is filed before the completion of assessment proceedings.

CIT v. Axis Computers (India) (P.) Ltd.
178 Taxmann 143 · 2009 · High Court
49
citing judgments
State of Rajasthan v. Mangilal Pindwal
5 SCC 60 · 1996 · Reported
49
citing judgments
PCIT, Kanpur v. Surya Merchants Ltd.
72 Taxmann.com 16 · 2016 · High Court
47
citing judgments

The filing of an audit report along with the return of income is directory and not mandatory, meaning non-compliance does not automatically invalidate the return.

Koteswar Vittal Kamath v. K. Rangappa Baliga & Co.
1 SCC 255 · 1969 · Reported
43
citing judgments

When a new statutory provision is substituted for an existing one, the legislative intent is typically that the old provision is deemed deleted and does not remain in force unless there is a clear intention to keep it alive.

India (Firm) v. CIT
14 SCC 168 · 2008 · Reported
42
citing judgments

The Supreme Court declined to stay assessment proceedings, even when there was divergence of opinion among High Courts and reservations about the correctness of prior judgments concerning the validity of orders under Section 142(2A) and extended limitation under Section 153(3).

Judgments on Section 90A

Nagarajan Shapoorna, Madurai vs. ITO, Ncw-1(7), Madurai

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

ITA 812/CHNY/2025[2021-22]Status: DisposedITAT Chennai30 Jun 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.812/Chny/2025 िनधा"रण वष"/Assessment Year: 2021-22 Nagarajan Shapoorna, Vs. The Income Tax Officer, 2A, Vp Rathinasamy Nadar Road, Non Corporate Ward 1(7), Visalakshipuram, Madurai 625 014. Madurai. [Pan:Djwps7535G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Thulasiram, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 04.06.2025 घोषणा की तारीख /Date Of Pronouncement : 30.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.01.2025 Passed By The Addl/Jcit(A)-1, Gurugram For The Assessment Year 2021-22. 2. The Assessee Raised 7 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Disallowance Made By The Assessing Officer Towards Foreign Tax Credit Claimed At ₹.1,82,847/- Under Section 90/90A Of 2

For Appellant: Shri R. Thulasiram, AdvocateFor Respondent: Ms. R. Anita, Addl. CIT
Section 143(1)Section 154Section 90