“Section 211(2)”
The decision most relied on for Section 211(2) is CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal (211 ITR 293), cited in 204 judgments on BharatTax.
Leading authorities on Section 211(2)
A charitable trust can carry forward its excess expenditure from previous years and adjust it against the income of subsequent years, which qualifies as an application of income under Section 11. Additionally, voluntary contributions received for a specific purpose are treated as corpus funds and are not taxable.
A deduction for obsolete inventory or provision for obsolete stock is permissible under Section 37(1) if justified by a certified auditor's report and valued at cost or market price/net realizable value, whichever is lower, with consistent valuation in subsequent years.
For banking companies, the machinery provisions of Section 115JB(2) of the Income Tax Act are unworkable due to a legal dichotomy created by the first proviso.
A trust's exemption is cancelled if its property is used for the benefit of a person prohibited under section 13(3), or if the trust fails to accurately reflect its income, thereby not truly disclosing the income arising from trust property.
Obsolete inventory can be written off at 10% of its cost if supported by a certified auditor's report, even if sold at a lower price in the subsequent year. Interest income earned from customers is considered business profit for Section 80HHC deductions if it's inextricably linked to the business.
The intention of the purchaser to use land is not relevant to determine if it was agricultural land on the date of sale. Agricultural land is not a capital asset if it is not located within the limits of a municipality or cantonment board, but a panchayat is not considered a municipality for this purpose.
An assessee can change its method of valuing closing stock if the change is bona fide and consistently followed thereafter. A change in valuation method is permissible even if it was not permissible in earlier years.
Section 56(2)(x) cannot be applied retrospectively to transactions entered into before its incorporation in the statute.