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“Section 2(1)”

Section References (mined)Section 2Section 2(1)147 judgments

The decision most relied on for Section 2(1) is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on Section 2(1)

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Fatehraj Singhvi v. UOI
73 Taxmann.com 252 · 2016 · High Court
1,778
citing judgments

Late fees under section 234E are not applicable for periods prior to June 1, 2015, as the amendment to section 200A inserting clause (c) was effective from that date.

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

Judgments citing Section 2(1)

M V Subramanian Family Trust, Chennai vs. ITO, Ncw-1(1), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1087/CHNY/2025[2021-22]Status: DisposedITAT Chennai25 Aug 2025AY 2021-22

Bench: Shri Manu Kumar Giri & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1087/Chny/2025 िनधा"रण वष"/Assessment Year:2021-22 M/S. M V Subramanian Family The Income Tax Officer, Trust, Non-Corporate Ward 1(1), 10, Valliammai Achi Road, Vs. Chennai. Kotturpuram, Chennai – 600 085. Pan: Aaetm 9151C (""यथ"/Respondent) (अपीलाथ"/Appellant) अपीलाथ" क" ओर से/Appellant By : Shri Ashwin, Ca ""यथ" क" ओर से/Respondent By : Ms. Anitha, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 24.07.2025 घोषणा क" तारीख/Date Of Pronouncement : 25.08.2025

For Appellant: Shri Ashwin, CAFor Respondent: Ms. Anitha, Addl.CIT
Section 111ASection 112ASection 143(1)Section 154Section 2Section 234BSection 234C

rates imposed by sub-section (1) or the rates as specified in that Chapter or section, as the case may be. Thus, sub section 2(1) of Finance Act, which is subject to the provisions of sub-section (3), though, provides that income-tax shall be charged at the rate ... revert back to the rate prescribed in Paragraph A, Part (I) of First Schedule to the Finance Act-2023. Sub-section 2(1) of the Finance Act, further provides that the tax so determined shall be increased by a surcharge collected for the purposes of Union, calculated under each case

Deputy Commssioner of Income Tax (Central Circle) -3(3), Mumbai vs. Excel Entertainment Pvt. Ltd, Mumbai

In the result, appeal of the revenue is dismissed

ITA 6469/MUM/2024[2020-21]Status: DisposedITAT Mumbai06 Aug 2025AY 2020-21

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सं./Ita No.6469/Mum/2024 (निर्धारण वर्ष / Assessment Year: 2020-21) Deputy Commissioner V/S. Excel Entertainment Pvt Of Income Tax बनाम Ltd. (Central Circle)-3(3) 404, Kautilya Bhawan, Bkc, Mumbai 400051 Shubham 701, Orchid Pride, Convent Avenue Road, Santacruz (W), Mumbai 40054 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace5273A Appellant/अपीलार्थी .. Respondent/प्रतिवादी निर्धारिती की ओर से / Assessee By: Shri Nitesh Joshi A/W Shri Anurag Tulsian & Shri Vipul Mody राजस्व की ओर से / Revenue By: Shri Hemanshu Joshi, Sr Dr सुनवाई की तारीख / Date Of Hearing 08.07.2025 घोषणा की तारीख/Date Of Pronouncement 06.08.2025 आदेश / Order Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Revenue Against The Order Of The Commissioner Of Income Tax, (Appeal) 51, Mumbai [Cit(A)] Dated 15.10.2024 Passed U/S.250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2020-21. 2. The Revenue Has Raised The Following Grounds In This Appeal. "1. "On The Facts & In The Circumstances Of The Case, The Ld Citia) Is Not Justified In Holding That Assessee Is Eligible To Claim Concessional Rate Of Tax U/S.115Baa Of The Page 2

For Appellant: Shri Nitesh Joshi a/w Shri Anurag Tulsian & Shri Vipul ModyFor Respondent: Shri Hemanshu Joshi, SR DR
Section 115Section 115BSection 139Section 139(1)Section 143(3)Section 250

1)(8) read with section Page 4 ITA No. 6469/Mum/2024 AY 2020-21 Excel Entertainment pvt ltd. 2013(5)(0) of TOLA), Section 2(1)(5)(4) provides that the Income-tax Act, 1961 is one of the "specified Acts" under the TOLA, and section 3 (1)(b) of TOLA