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“Section 254(2)”

Section References (mined)Section 254Section 254(2)468 judgments

The decision most relied on for Section 254(2) is National Thermal Power Co. Ltd. v. CIT (229 ITR 383), cited in 5,834 judgments on BharatTax.

Leading authorities on Section 254(2)

National Thermal Power Co. Ltd. v. CIT
229 ITR 383 · 1998 · Supreme Court
5,834
citing judgments

Appellate authorities can consider new claims and additional grounds if the relevant facts are already on record. The purpose of assessment is to correctly determine tax liability, allowing both parties to raise issues.

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

ACIT v. Saurashtra Kutch Stock Exchange Ltd.
305 ITR 227 · 2008 · Supreme Court
470
citing judgments

Non-consideration of a decision by a jurisdictional High Court or the Supreme Court constitutes a mistake apparent from the record. However, non-consideration of a non-jurisdictional High Court decision does not typically amount to such a mistake.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

CIT v. Tasgaon Taluka S.S.K. Ltd.
103 Taxmann.com 57 · 2019 · Supreme Court
306
citing judgments

The Supreme Court holds that the issue of payment of excessive price on purchase of sugarcane by assesses is no longer res integra. The court elaborately dealt with this issue.

Bangalore Club v. CIT
350 ITR 509 · 2013 · Supreme Court
247
citing judgments

The Supreme Court affirmed the doctrine of mutuality, holding that contributions received from and returned to members for a common purpose do not constitute taxable profits. However, income from transactions with non-members or interest earned from investments in external entities (like cooperative banks) may break the mutuality chain and be taxable under Section 56, falling outside the scope of Section 80P deductions.

Assam Bengal Cement Co. Ltd. v. CIT
27 ITR 34 · 1955 · Supreme Court
174
citing judgments

The Supreme Court established the foundational test for distinguishing between capital and revenue expenditure, holding that the aim and object of the expenditure and whether it brings into existence an asset or an advantage of an enduring nature determines its character, irrespective of the payment method. An advantage lasting five years or more can be considered enduring.

CIT v. Visakhapatnam Port Trust
144 ITR 146 · 1983 · High Court
124
citing judgments

Sections 4 and 5 of the Income Tax Act, which define total income and chargeability, are subject to Section 90, meaning that Double Taxation Avoidance Agreements (DTAAs) override the Act's provisions in case of a conflict.

Judgments citing Section 254(2)

Ids Infotech Ltd., Chandigarh, India vs. ACIT, Circle 5(1), Chandigarh, India

In the result, appeal of the assessee is dismissed as withdrawn

ITA 478/CHANDI/2023[2009-10]Status: DisposedITAT Chandigarh22 Jan 2025AY 2009-10

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 478/Chd/2023 "नधा"रण वष" / Assessment Year : 2009-10 Ids Infotech Limited, The Acit, Plot No. 1-8, Rgctp, बनाम Circle 5(1), Chandigarh Chandigarh Vs. "थायी लेखा सं./Pan No: Aaaci4364E अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा""रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 20.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 22.01.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 30.05.2023 Of Ld. Cit(A)-27, New Delhi [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Year 2009-10. 2. No One Appeared On Behalf Of The Assessee. However, An Application Has Been Filed On Behalf Of The Authorized Representative Of The Assessee For Withdrawal Of This Appeal

For Appellant: None (Withdrawal application)For Respondent: Shri Vivek Vardhan, Addl. CIT, Sr.DR
Section 254(2)

full benefit of this Scheme, then both sides will be at liberty to get the appeal revived after filing of application under Section 254(2) of the Income Tax Act. Such application be filed within due date of limitation provided under this Scheme. 4. In the result, appeal

Dev Bhoomi Development Society, Solan vs. ITO, Parwanoo

In the result, appeal of the assessee is dismissed as withdrawn

ITA 513/CHANDI/2013[2007-08]Status: DisposedITAT Chandigarh22 Jan 2025AY 2007-08

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 513/Chd/2013 "नधा"रण वष" / Assessment Year : 2007-08 Dev Bhoomi Development The Ito, Society, Shankar Bhawan, बनाम Parwanoo. Vpo Chandi, Vs. Tehsil Kasauli, Distt. Solan "थायी लेखा सं./Pan No: Aaatd8836D अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : None (Withdrawal Application) राज"व क" ओर से/ Revenue By : Shri Vivek Vardhan, Addl. Cit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 20.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 22.01.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 12.02.2013 Of Ld. Cit(A), Shimla [Hereinafter Referred To As ‘Cit(A)’], For The Assessment Years 2016-17. 2. No One Appeared On Behalf Of The Assessee. However, An Application Has Been Filed On Behalf Of The Authorized Representative Of The Assessee For Withdrawal Of This Appeal

For Appellant: None (Withdrawal application)For Respondent: Shri Vivek Vardhan, Addl. CIT
Section 254(2)

full benefit of this Scheme, then both sides will be at liberty to get the appeal revived after filing of application under Section 254(2) of the Income Tax Act. Such application be filed within due date of limitation provided under this Scheme. 4. In the result, appeal