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“Section 2(45)”

Section References (mined)Section 2Section 2(45)161 judgments

The decision most relied on for Section 2(45) is CIT v. B.C. Srinivasa Setty (128 ITR 294), cited in 628 judgments on BharatTax.

Leading authorities on Section 2(45)

CIT v. B.C. Srinivasa Setty
128 ITR 294 · 1981 · Supreme Court
628
citing judgments

When the cost of acquisition of a capital asset cannot be determined, the computation mechanism for capital gains fails, and thus no capital gains can be charged. This establishes a broader principle that a charging section cannot operate in the absence of specific machinery provisions for computation.

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

Rama Bai v. CIT
181 ITR 400 · 1990 · Supreme Court
258
citing judgments

Interest income is taxable on either an accrual or cash basis, determined by accounting principles. This method was applicable prior to legislative changes that simplified the taxation of interest income.

CIT v. Balbir Singh Maini
398 ITR 531 · 2017 · Supreme Court
228
citing judgments

A transfer of immovable property, for the purpose of capital gains under section 2(47)(v) of the Income-tax Act, occurs only when the agreement allowing possession in part performance of a contract is a registered instrument, as mandated by Section 53A of the Transfer of Property Act.

CIT v. Govindbhai Mamaiya
91 Taxmann.com 20 · 2018 · Supreme Court
205
citing judgments

Interest on enhanced compensation received under Section 28 of the Land Acquisition Act, 1894, is considered part of the compensation, not merely interest income, and is exigible to tax on a receipt basis.

CIT v. Sohana Woollen Mills
296 ITR 238 · 2008 · High Court
180
citing judgments

A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.

Mahender Pal Narang v. CBDT
161 Taxmann.com 301 · 2024 · High Court
178
citing judgments

Interest received as enhanced compensation under Section 28 of the Land Acquisition Act, 1894, for compulsory acquisition of land is taxable as "income from other sources" under Sections 56(2)(viii) and 57(iv) of the Income-tax Act, 1961, and is not exempt under Section 10(37).

CIT v. Hindustan Coca Cola Beverages P Ltd.
331 ITR 192 · 2011 · High Court
152
citing judgments

The Principal Commissioner of Income Tax cannot exercise revisional jurisdiction under Section 263 if the Assessing Officer has taken one of two possible views on a debatable issue during assessment proceedings.

Judgments citing Section 2(45)

Pragati Power Corporation Ltd, New Delhi vs. ACIT, Circle 20(1), New Delhi

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 1617/DEL/2023[2018-19]Status: DisposedITAT Delhi14 Aug 2024AY 2018-19

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 115JSection 145(2)Section 32Section 36Section 36(1)(iii)Section 37Section 43ASection 46ASection 80I

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE, SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI SUDHIR

Nandlal Tolani Charitable Trust, Mumbai vs. ITO Exem Ward 2(1), Cumballa Hill, Mumbai

ITA 650/MUM/2024[2015-16]Status: DisposedITAT Mumbai23 Jul 2024AY 2015-16

Bench: Shri. Om Prakash Kant & Shri. Raj Kumar Chauhan

Section 10Section 11Section 14Section 24Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI. OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI. RAJ

Nandlal Tolani Charitable Trust, Mumbai vs. ITO (Exemption), Ward-2(1), Mumbai

ITA 113/MUM/2024[2014-15]Status: DisposedITAT Mumbai23 Jul 2024AY 2014-15
Section 10Section 11Section 14Section 24Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI. OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI. RAJ

Maharana Pratap Social Research and Education Society, Bhopal vs. Centralised Processing Centre, Bengaluru

Appeal is allowed in terms mentioned above

ITA 67/IND/2024[2020-21]Status: DisposedITAT Indore18 Jul 2024AY 2020-21

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2008-09 Maharana Pratap Social C.P.C., Research & Education Bengaluru Society, H.No.6, Sector, Vidya Nagar, बनाम/ Hoshangabad Road, Vs. Bhopal, Huzur University S.O., Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaam9428K Assessee By Shri Pankaj Shah, Ca & Shri Soumya Bumb, C.A. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.07.2024 Date Of Pronouncement 18.07.2024

Section 11Section 11(1)(a)Section 12ASection 139Section 143(1)Section 2(45)

consequence of auditor’s mistake in Form No. 10B for which the assessee cannot be punished. Ld. AR submitted that the section 2(45) of the Income- tax Act, 1961 prescribes that the ‘total income’ of assessee has to be computed according to the provisions of Income

Sanjeev Kumar Goyal, Fatehabad vs. DCIT, CC-2, Ludhiana

In the result, the appeal of the assesse is allowed

ITA 80/CHANDI/2023[2019-20]Status: DisposedITAT Chandigarh22 May 2024AY 2019-20

Bench: This Hon’Ble Tribunal Under Section 253 Of The Income Tax Act, 1961 As Amended From Time To Time. 2. The Assessee Is Aggrieved By The Order Of The Ld. Cit(A) Dt. 20/01/2023 In Appeal No. 10853/2018-19/It/Cit(A)-5/Ldh/2021-22 For The A.Y. 2019-20 Under Section 250(6) Of The Income Tax Act, 1961 Which Was Dismissed. Therefore The Present Second Appeal Under Section 253 Of The Income Tax Act, 1961 Before Us Against The Aforesaid Order Dt. 20/01/2023 Which Is Hereinafter Referred To As The Impugned Order.

For Appellant: Shri Sudhir Sehgal, Advocate and Shri Rishaba Marwaha, C.AFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 143(2)Section 250(6)Section 253Section 68

that for income to be considered even from other sources, the sources have to be established. The relevant observations read as follows: "14 ... Section 2(45) defines 'total income' as 'the total income referred to in section 5, computed in the manner laid down in this Act". It is relevant ... completely different in their nature, scope and effect. Though the income assessable under them are part of total income as defined in sections 2(45)/4/5 of the I. T. Act yet that does not mean that income assessable under section 68 has to be assessed under section

M/S. Birlasoft Limited (Formerly Known As Kpit Cummins Infosystems Ltd., Pune vs. Assistant Commissioner of Income Tax, Circle-11(5), Bangalore

In the result, the appeal filed by the assessee stands allowed as indicated hereinabove

ITA 739/BANG/2010[2005-06]Status: DisposedITAT Bangalore14 May 2024AY 2005-06

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2005-06 M/S. Birlasoft Ltd. (Formerly Known As Kpit Technologies Ltd.) The Assistant # 35 & 36, Rajiv Commissioner Gandhi Infotech Park, Of Income Tax, Phase – 1, Midc Circle – 11(5), Hinjawadi, Bangalore. Vs. Pune – 411 057. Pan: Aaack7308N Appellant Respondent

For Appellant: Shri Padam Chand Khincha, CAFor Respondent: Shri D.K. Mishra, CIT –DR
Section 10ASection 10BSection 143(3)

Whether the phrase “total income” in Section 10A of the Act is akin and pari materia with the said expression as appearing in Section 2(45) of the Act? (iii) Whether even after the amendment made with effect from 1.04.2001, Section 10A of the Act continues to remain an exemption

M/S Satwant Agro Engineers, Bhawanigarh vs. DCIT, Central Circle, Patiala

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 753/CHANDI/2022[AY 2019-20]Status: DisposedITAT Chandigarh03 May 2024

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Deepak Anand, AdvocateFor Respondent: Shri Dharamvir, JCIT, Sr. DR
Section 115BSection 133ASection 143(2)Section 143(3)Section 68Section 69Section 69A

that for income to be considered even from other sources, the sources have to be established. The relevant observations read as follows: "14 Section 2(45) defines 'total income' as 'the total income referred to in section 5, computed in the manner laid down in this Act". It is relevant ... completely different in their nature, scope and effect. Though the income assessable under them are part of total income as defined in sections 2(45)/4/5 of the I T . Act yet that does not mean that income assessable under section 68 has to be assessed under section

Central India Academy, Dewas vs. The4 PCIT-1, Indore

ITA 162/IND/2023[2018-19]Status: DisposedITAT Indore14 Mar 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Central India Academy, Pcit-1, 1, Bhopal Road, Indore बनाम/ Jetpura, Vs. Dewas (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaac4091Q Assessee By Ms. Ruchira Negi, Adv. & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 04.01.2024 Date Of Pronouncement 14.03.2024

Section 119Section 143(2)Section 143(3)Section 17Section 263Section 33

submitted that the Income-tax Act, 1961 is a self-integrated law for computation of ‘total income’ and the ‘total income’ as per section 2(45) has to be determined ‘in the manner laid down in this Act’ which means the incomes have to be taxed and deductions have ... that the Income-tax Act, 1961 is a self-integrated law for computation of ‘total income’ and the ‘total income’ as per section 2(45) has to be determined ‘in the manner laid down in this Act’. Therefore, the incomes are to be taxed as well as deductions are also

Unnikrishnan. K, Kunnampally vs. The ITO Ward 2, Tirur

In the result, the assessee’s appeal is allowed on the aforesaid terms, and his stay petition dismissed

ITA 955/COCH/2022[2011-12]Status: DisposedITAT Cochin12 Mar 2024AY 2011-12

Bench: Shri Sanjay Arora & Dr. Seethalakshmi

For Appellant: Shri Arun Raj, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 148Section 148(1)

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Dr. Seethalakshmi, Judicial Member

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1254/DEL/2021[2015-16]Status: DisposedITAT Delhi06 Feb 2024AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

total income of the assessee which would be chargeable to tax under the Act. The said total income is not as understood in section 2(45) but it is equated to "current income" for the purposes of Chapter XVII. After the Amending Maharashtra Feeds P Ltd. Act of 1987, advance

Maharashtra Feeds P. Ltd., New Delhi vs. ACIT, Central Circle, Faridabad

In the result, the appeals of the assessee are allowed

ITA 1253/DEL/2021[2014-15]Status: DisposedITAT Delhi06 Feb 2024AY 2014-15

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K. Sampath, Adv. &For Respondent: Ms. Smita Singh, Sr. DR
Section 153ASection 154Section 208Section 234ASection 234CSection 243CSection 245CSection 245DSection 245D(1)Section 245D(4)

total income of the assessee which would be chargeable to tax under the Act. The said total income is not as understood in section 2(45) but it is equated to "current income" for the purposes of Chapter XVII. After the Amending Maharashtra Feeds P Ltd. Act of 1987, advance

Jai Shankar Srivastava, Gurgaon vs. DCIT, Central Circle- 18, New Delhi

ITA 7114/DEL/2017[2014-15]Status: DisposedITAT Delhi13 Dec 2023AY 2014-15

Bench: Sh. N. K. Billaiya & Sh. C.N. Prasadassessment Year: 2014-15 Jai Shankar Srivastava, Vs. Dcit Central Circle – 18 D-153, Pinnacle, Dlf New Delhi Phase-5, Gurgaon Haryana 122002 Pan No.Apqps0001J (Appellant) (Respondent) Appellant By None Respondent By Sh. Rohit Garg, Cit Dr Date Of Hearing: 13/12/2023 Date Of Pronouncement: 13/12/2023 Order Per N. K. Billaiya, Am:

Section 132Section 132(1)Section 132(1)(a)Section 143(2)Section 153(1)(a)Section 153ASection 2(24)(iv)Section 2(31)Section 2(45)Section 28

section 2(24)(iv) of the Act which is a definition of income and not a part of total income defined as per section 2(45) of the Act as laid down in respect of computation of income. 11. Because CIT (A) has confirmed the addition

Ummeed Child Development Center, Mumbai vs. ITO (Exem)-2(4), Mumbai

In the result, appeal of the assessee is allowed

ITA 1838/MUM/2023[2015-16]Status: DisposedITAT Mumbai06 Nov 2023AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyal & Ummeed Child Development Centre, Gr. Floor, 1-B, 1/62 Mantri Pride, N. M. Joshi Marg, Lower Parel, Mumbai-400 011 ...... Appellant Vs. Ito (Exe.) – 2 (4), R. No. 503, 5Th Floor, Piramal Chambers, Lal Baug, Parel, Pan – Aaatu0678E ..... Respondent

For Appellant: Shri Saurabh Bhat, Ld. ARFor Respondent: Shri Ujjawal Kumar, Ld. DR
Section 11(6)Section 12ASection 250

reference in clause (a) is invariably to "Income" and not to "total income". The expression "total income has been specifically defined in section 2(45) as "the total amount of income computed in the manner laid down in this Act". It would, accordingly, be incorrect to assign to the word ... income", used in section 11(1)(a), the same meaning as has been specifically assigned to the expression "total income" vide section 2(45). In the case of a business undertaking, held under trust, its "income" will be the income as shown in the accounts of the undertaking. Under section

Sri.E.Noushad, Kollam vs. The DCIT, Kollam

In the result, the appeals filed by the assessee are allowed, and the stay petitions dismissed as infructuous

ITA 18/COCH/2021[2009-10]Status: DisposedITAT Cochin30 Oct 2023AY 2009-10

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Anil D. Nair, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 132Section 132ASection 153ASection 153C

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Shri Manomohan Das, Judicial

Sri. E.Noushad, Kollam vs. DCIT, Kollan

In the result, the appeals filed by the assessee are allowed, and the stay petitions dismissed as infructuous

ITA 17/COCH/2021[2008-09]Status: DisposedITAT Cochin30 Oct 2023AY 2008-09

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Anil D. Nair, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 132Section 132ASection 153ASection 153C

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Shri Manomohan Das, Judicial

Sri.E. Noushad, Kollam vs. DCIT, Kollam

In the result, the appeals filed by the assessee are allowed, and the stay petitions dismissed as infructuous

ITA 16/COCH/2021[2007-08]Status: DisposedITAT Cochin30 Oct 2023AY 2007-08

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Anil D. Nair, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 132Section 132ASection 153ASection 153C

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Shri Manomohan Das, Judicial

M/S Shankar Rice & General Mills, Moga vs. Deputy Commissioner of Income Tax Circle, Moga

In the result, the appeal of the assessee is dismissed

ITA 205/ASR/2023[2017-18]Status: HeardITAT Amritsar06 Oct 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Ashwani Kumar & Ms. Muskan GargFor Respondent: Sh. Rajiv Wadhera, Sr. DR
Section 115BSection 133ASection 250(6)Section 69Section 69A

that for income to be considered even from other sources, the sources have to be established. The relevant observations read as follows. "14……… Section 2(45) defines 'total income' as 'the total income referred to in section 5, computed in the manner laid down in this Act". It is relevant ... completely different in their nature, scope and effect. Though the income assessable under them are part of total income as defined in sections 2(45)/4/5 of the IT. Act yet that does not mean that income assessable under section 68 has to be assessed under section

DCIT, Circle-1, Kalyan vs. M/S Asb International Pvt Ltd, Mumbai

In the result the appeal of the revenue stand dismissed

ITA 1541/MUM/2023[2009-10]Status: DisposedITAT Mumbai27 Sept 2023AY 2009-10

Bench: Amarjit Singh & Shri Sandip Singh Karhaildcit, C-1,Kalyan Vs. M/S. Asb International 1St Floor, Mohan Plaza, Pvt. Ltd. Mayale Naar, E9, E44, Addl. Kalyan(W)- 421301 Ambernath, Industrial Area, Anand Nagar, Ambernath Thane-421506 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaaca8424F Appellant .. Respondent C.O. No. 65/Mum/2023 (A.Y. 2009-10)

For Appellant: Shri. Paras SavlaFor Respondent: Shri. Ajay Chandra
Section 10ASection 10BSection 143(3)Section 147Section 250

Once the total income is computed, the next step is determination of tax by applying the applicable rates on the total income. 13. Section 2(45) defines "total income" to mean the total amount of income referred to in section 5 and computed ... covered in Chapter III, the phrase "total income" used in section 10A cannot be understood in the same sense as in section 2(45). 14. The phrase "total income" has been used in the Income- tax Act in several places with different connotations and shades. The phrase "total income" used

Citicorp Trustee Company Ltd As Trustee for Fccb Issued by Jindal Saw Ltd, Mumbai vs. Deputy Commissioner of Income Tax (Int Taxation)-2(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 784/MUM/2023[2014-2015]Status: DisposedITAT Mumbai21 Aug 2023AY 2014-2015

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No. 784/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Citicorp Trustee Company बिधम/ Dcit (International Ltd. As Trustee For Fccb Taxation)-2(1)(1) Vs. Issued By Jindal Saw Ltd. 17Th Floor, 1713, Air India Citigroup Centre, Canada Building, Nariman Point, Square, Canary Wharf Mumbai-400021. London E14 5Lb United Kingdom. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecc0452D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anish Thackar/Nikhil Tiwari/Lekh Mehta Revenue By: Shri Amit Kumar Soni (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 19/07/2023 घोषणा की तारीख /Date Of Pronouncement: 21/08/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Assessing Officer (Ao) Dated 19.01.2023 Passed U/S 143(3) R.W.S. 144C(13) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice The Ground No. 2 Wherein The Assessee Has Raised The Legal Issue Against The Action Of The Ao To Have Reopened The Assessment U/S 147 Of The Act Without Satisfying The Essential Condition Prescribed Under The Act; & Therefore Contends That The Action Of The Ao Is Ab-Initio-Void. 3. In Order To Examine The Legal Issue Raised By The Assessee, It Is Necessary To Look Into The Reasons Recorded By Ao To Reopen The Assessment Which Is Reproduced As Under: -

For Appellant: Shri Anish Thackar/NikhilFor Respondent: Shri Amit Kumar Soni (Sr. DR)
Section 143(3)Section 147Section 201(1)Section 5(2)(b)Section 6

case of the respondent-assessee that the redemption premium does not partake the character of interest. The provisions of section 2(45) defines the total income as total amount referred to in section 5 computed in the manner laid down in that section of the Act. The provisions of section

M/S. Aditya Vikram Birla Memorial Trust, Mumbai vs. DCIT (Exem)-1(1), Mumbai

In the result, the appeal of the assessee for AY 2014

ITA 1649/MUM/2023[2015-16]Status: DisposedITAT Mumbai31 Jul 2023AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary ()

For Appellant: Mr. Ronak Doshi & Deep ChauhanFor Respondent: Ms. N.V. Nadkarni, CIT-DR

clusion of the mandate as provided in section 145 of the Act. It is to be observed that while section 2(45) specifically defines It is to be observed that while section 2(45) specifically defines It is to be observed that while section 2(45) specifically defines total income ... expression total income' has been specifically assigned to the expression total income' has been specifically assigned to the expression total income' in section 2(45). The CBDT in Circular No. 5P (LXX in section 2(45). The CBDT in Circular No. 5P (LXX in section 2(45). The CBDT