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“Section 2(29)”

Section References (mined)Section 2Section 2(29)82 judgments

The decision most relied on for Section 2(29) is CIT v. Sarkar Builders (375 ITR 392), cited in 79 judgments on BharatTax.

Leading authorities on Section 2(29)

CIT v. Sarkar Builders
375 ITR 392 · 2015 · Supreme Court
79
citing judgments

An assessee should not be prejudiced by differences in accounting treatment if accounting principles are duly followed and the issue is revenue neutral, as hypothetical income cannot be subjected to tax.

CIT v. Citi Financial Consumer Finance Ltd.
335 ITR 29 · 2011 · High Court
78
citing judgments

Customer acquisition costs and advertisement expenditures are treated as revenue expenditures, not deferred expenditures, as there is no general concept of deferred expenditure for such items under Income Tax Law.

Tek Ram v. CIT
357 ITR 133 · 2013 · Supreme Court
44
citing judgments

When relevant documents or additional evidence have a direct bearing on an issue, they may be allowed to be produced or admitted at the appellate stage, potentially leading to a de novo adjudication by the Assessing Officer for fresh consideration.

CIT v. Kum. Satya Setia
143 ITR 486 · 1983 · High Court
23
citing judgments

An appellate authority has the discretion to allow the production of additional evidence if it is required to pass orders or for any substantial cause, which must be exercised judicially.

29 of the Rules. In R.S.S. Shanmugam Pillai and Sons. v. CIT
95 ITR 109 · 1974 · High Court
22
citing judgments

The Income Tax Appellate Tribunal has broad discretion to admit or reject documents at the appellate stage. This discretion must be exercised judiciously, and if documents are relevant to the issue at hand, the Tribunal can admit them, consider them, or remit the matter to lower authorities.

DCIT v. Manish M Chheda
29 SOT 138 · 2009 · ITAT
17
citing judgments

Section 28(iv) cannot be applied to tax a sum in the hands of partners if no benefit or perquisite arises to them in the course of business. An increase in a partner's capital due to revaluation of firm assets lacks nexus with the business and is not taxable under Section 28(iv).

CIT v. Prabhawati Gupta
231 ITR 188 · 1998 · High Court
14
citing judgments

Any assessment or order passed in the name of a deceased person is void ab initio. The legal representatives of the deceased must be brought on record before any such proceedings are completed.

CIT v. Rockman Cycle Industries (P.) Ltd.
331 ITR 401 · 2011 · High Court
14
citing judgments

Tax authorities must assess business expenditure from the perspective of a prudent businessman, not their own viewpoint, when determining if it was wholly and exclusively for business purposes.

Judgments citing Section 2(29)

DCIT, Ltu(Appeal)-1, Chennai vs. Turbo Energy Pvt. Ltd., Chennai

In the result, appeals filed by the assessee for both the assessment years are treated as partly allowed for statistical purposes and the appeals filed by the revenue for both the assessment years ...

ITA 3044/CHNY/2019[2016-17]Status: DisposedITAT Chennai02 Dec 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2901 & 2902/Chny/2019 िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17 Turbo Energy Private Limited, Deputy Commissioner Of 67 Chamiers Road, V. Income Tax, Raja Annamalaipuram, Large Tax Payer Unit -1, Chennai – 600 028. Chennai – 600 034 [Pan: Aaact-2916-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 3043 & 3044/Chny/2019 िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17 Assistant Commissioner Of Turbo Energy Private Limited, Income Tax, V. 67 Chamiers Road, Large Tax Payer Unit -2, Raja Annamalaipuram, Chennai – 600 034 Chennai – 600 028. [Pan: Aaact-2916-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri. R. Bhoopathi, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 24.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 02.12.2022 आदेश /O R D E R Per G. Manjunatha:

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. R. Bhoopathi, Addl. CIT
Section 2(29)(BA)Section 35Section 40Section 80I

business of manufacture or production of article or thing as the end product is commercially different and distinct from the inputs contained in section 2(29)(BA) and therefore eligible for deduction u/s 80IC. 2.2 The CIT(A) ought to have appreciated that the Central Excise Department has recognized that

DCIT, Ltu(Appeal)-1, Chennai vs. Turbo Energy Pvt. Ltd., Chennai

In the result, appeals filed by the assessee for both the assessment years are treated as partly allowed for statistical purposes and the appeals filed by the revenue for both the assessment years ...

ITA 3043/CHNY/2019[2015-16]Status: DisposedITAT Chennai02 Dec 2022AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 2901 & 2902/Chny/2019 िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17 Turbo Energy Private Limited, Deputy Commissioner Of 67 Chamiers Road, V. Income Tax, Raja Annamalaipuram, Large Tax Payer Unit -1, Chennai – 600 028. Chennai – 600 034 [Pan: Aaact-2916-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita Nos.: 3043 & 3044/Chny/2019 िनधा"रण वष" / Assessment Years: 2015-16 & 2016-17 Assistant Commissioner Of Turbo Energy Private Limited, Income Tax, V. 67 Chamiers Road, Large Tax Payer Unit -2, Raja Annamalaipuram, Chennai – 600 034 Chennai – 600 028. [Pan: Aaact-2916-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri. R. Bhoopathi, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 24.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 02.12.2022 आदेश /O R D E R Per G. Manjunatha:

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. R. Bhoopathi, Addl. CIT
Section 2(29)(BA)Section 35Section 40Section 80I

business of manufacture or production of article or thing as the end product is commercially different and distinct from the inputs contained in section 2(29)(BA) and therefore eligible for deduction u/s 80IC. 2.2 The CIT(A) ought to have appreciated that the Central Excise Department has recognized that