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“Section 2(46)”

Section References (mined)Section 2Section 2(46)7 judgments

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)

CIT v. Mysore Sugar Co. Ltd.
46 ITR 649 · 1962 · Supreme Court
120
citing judgments

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.

CIT v. Gujarat Maritime Board
295 ITR 561 · 2007 · Supreme Court
98
citing judgments

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.

Pradeep Kumar Biswas v. Indian Institute of Chemical Biology
5 SCC 111 · 2002 · Reported
93
citing judgments

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.

(CIT v. Surat Art Silk Cloth Manufacturer's Association
2 SCC 31 · 1980 · Reported
35
citing judgments

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.

ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 24 of 51 in CIT v. SS Ahluwalia
138 ITR 391 · 1982 · High Court
34
citing judgments

An appellate tribunal ought to remand a matter rather than set aside assessments entirely when jurisdiction is in question.

Seshasayee Steels (P.) Ltd. v. CIT
421 ITR 46 · 2020 · Supreme Court
33
citing judgments

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.

Aurora Educational Society v. CCIT
20 Taxmann.com 46 · 2012 · Reported
31
citing judgments

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.

Karnataka Industrial Area Development Board v. ADIT(E)
121 Taxmann.com 88 · 2020 · High Court
25
citing judgments

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.

Judgments citing Section 2(46)

Section 2(46) — 7 case laws | BharatTax