“Section 2(46)”
The decision most relied on for Section 2(46) is CIT v. Mysore Sugar Co. Ltd. (46 ITR 649), cited in 120 judgments on BharatTax.
Leading authorities on Section 2(46)
When advances extended in the normal course of business operations become irrecoverable and are written off, these amounts are allowable as a business loss or revenue expenditure.
A statutory corporation undertaking activities that generate income qualifies as a charitable entity under Section 2(15) if its dominant object is general public utility and it is legally obligated to apply its income solely for that purpose, even if the activities appear to be in the nature of trade or business. Such an entity is entitled to registration under Section 12A and exemptions under Section 11.
The legal form or ostensible autonomy of an entity does not prevent it from being classified as 'State' or 'authority' under Article 12 if it functions as an instrumentality of the Government, thereby attracting constitutional accountability under Part III.
For a trust to be considered charitable, its dominant intent must be charitable, even if it engages in non-charitable activities that generate incidental profits. These profits must be reinvested to further the dominant charitable object.
An appellate tribunal ought to remand a matter rather than set aside assessments entirely when jurisdiction is in question.
Handing over possession under a Joint Development Agreement (JDA) does not constitute a 'transfer' under Section 2(47)(v) of the Income Tax Act, 1961, read with Section 53A of the Transfer of Property Act.
The scope and amplitude of Section 10(23C)(vi) of the Income-tax Act and its applicable provisos, rules, and forms are the subject of examination in relation to applications for approval.
When an assessee is engaged in charitable activity for the advancement of objects of general public utility, the proviso to Section 2(15) of the Income Tax Act, 1961, will not be applicable.