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“Section 2(17)”

Section References (mined)Section 2Section 2(17)63 judgments

The decision most relied on for Section 2(17) is CIT v. Yokogawa India Ltd. (341 ITR 385), cited in 270 judgments on BharatTax.

Leading authorities on Section 2(17)

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

State Lotteries & Ors. (2001) 249 ITR 186 and Ahmedabad Stamp Vendors Association v. Union of India
257 ITR 202 · 2002 · High Court
121
citing judgments

Supplementary commission forional or extra services does not fall within the ambit of Section 194H of the Income Tax Act, 1961. This may affect the applicability of certificates issued under Section 197.

CIT v. Infosys Technologies Ltd.
297 ITR 167 · 2008 · Supreme Court
115
citing judgments

Allotment of shares to employees under an Employee Stock Option Plan (ESOP) before April 1, 2000, is not a taxable perquisite if the benefit's value is unascertainable at the time of option exercise due to conditions like a lock-in period.

CIT v. Nagpur Hotel Owners Association
247 ITR 201 · 2001 · Supreme Court
112
citing judgments

While there is no statutory time limit for filing Form 10 to claim exemption for income accumulation under Section 11(2), it must be furnished before the completion of assessment proceedings for the Assessing Officer to grant the exemption.

Chennai Central Co-operative Bank Ltd. v. ITO
148 Taxmann.com 17 · High Court
100
citing judgments

Interest income earned by a cooperative society on its funds deposited with banks is considered business income, making it eligible for deduction under Section 80P(2)(a)(i).

Travencore Rubber & Tea Co. Ltd. v. CIT
325 ITR 422 · 2010 · Supreme Court
72
citing judgments

Forfeited advance money received for the transfer of a capital asset is not taxable as revenue receipt. Such forfeiture pertains to a capital receipt directly related to the potential sale of a capital asset.

ACIT v. Bharat V.Patel
92 Taxmann.com 336 · 2018 · Reported
60
citing judgments

An assessee cannot be subjected to tax in the absence of a specific provision allowing for such taxation.

Alapati Venkataramiah v. CIT
57 ITR 185 · 1965 · Supreme Court
53
citing judgments

A transfer of an immovable asset for capital gains purposes requires an effective conveyance through a registered sale deed to pass title. Prior to the amendment introducing Section 2(47)(v), transactions involving mere execution of documents or granting possession without registration were not considered complete transfers for tax.

Judgments citing Section 2(17)

M/S Union Bank of India, Mumbai vs. DCIT, Circle-(Ltu) 2, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 2038/MUM/2024[2021-22]Status: DisposedITAT Mumbai11 Jun 2025AY 2021-22

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiyaआयकर अपील सं./Ita No. 2037/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) आयकर अपील सं./Ita No. 2038/Mum/2024 (निर्धारण वर्ष / Assessment Year :2021-22)

For Appellant: Shri C. NareshFor Respondent: Shri Vikas K. Suryawanshi
Section 144Section 14A

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company". The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company ... bank shall be deemed to be an Indian company" and the company in which the public are ..substantially interested' and since in Section 2(17) of the Income Tax Act, the company" has been defined as any Indian company therefore, the provisions of the Income Tax Act would apply because

M/S Union Bank of India, Mumbai vs. Deputy Commissioner of Income Tax, Circle-(Ltu)-2, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 2037/MUM/2024[2020-21]Status: DisposedITAT Mumbai11 Jun 2025AY 2020-21

Bench: Shri Saktijit Dey & Shri Narendra Kumar Billaiyaआयकर अपील सं./Ita No. 2037/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) आयकर अपील सं./Ita No. 2038/Mum/2024 (निर्धारण वर्ष / Assessment Year :2021-22) Union Bank Of India, Finance & Accounts, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai, Maharashtra- 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0564G Appellant/अपीलार्थी V/S. बनाम Dcit, Circle- (Ltu) 2, Mumbai Room No. 421, 4Th Floor, Aayakar Bhavan, M. K. Road, Mumbai-400020 .. Respondent/प्रतिवादी आयकर अपील सं./Ita No. 2119/Mum/2024 (निर्धारण वर्ष / Assessment Year :2020-21) आयकर अपील सं./Ita No. 2118/Mum/2024 (निर्धारण वर्ष / Assessment Year :2021-22) Acit, Circle-3(4), Mumbai Room No. 559, 5Th Floor, Aayakar Bhavan, M. K. Road, Mumbai-400020 V/S. Union Bank Of India, बनाम | Finance & Accounts, Union Bank Bhavan, 239, Vidhan Bhavan Marg, Nariman Point, Mumbai, Maharashtra- 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacu0564G Appellant/अपीलार्थी .. Respondent/प्रतिवादी Page 2

For Appellant: Shri C. NareshFor Respondent: Shri Vikas K. Suryawanshi
Section 144Section 14A

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company". The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company ... bank shall be deemed to be an Indian company" and the company in which the public are ..substantially interested' and since in Section 2(17) of the Income Tax Act, the company" has been defined as any Indian company therefore, the provisions of the Income Tax Act would apply because

ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 757/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad02 May 2025AY 2012-13
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 756/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad02 May 2025AY 2012-13
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 755/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad02 May 2025AY 2011-12
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 734/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad02 May 2025AY 2010-11
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

ACIT, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 733/AHD/2023[2010-11]Status: DisposedITAT Ahmedabad02 May 2025AY 2010-11
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

Assistant Commissioner of Income Tax, Anand Circle, Anand vs. National Dairy Development Board, Anand

In the result the appeal filed assessee for the Asst

ITA 1059/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad02 May 2025AY 2013-14
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

National Dairy Development Board, Anand vs. The Dy.CIT., Anand Circle, Anand

In the result the appeal filed assessee for the Asst

ITA 1052/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad02 May 2025AY 2013-14
Section 115JSection 143(3)Section 14ASection 154

that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect ... that assessee itself has admitted that it is a company under the Income tax Act, 1961 as per the definition of company in Section 2(17) read with definition of Indian Company' in Section 2(26)(ia) of the Income Tax Act 1961 in the ground raised in respect

ACIT, Circle-2(2)(1), Bangalore vs. Canara Bank, Bengaluru

ITA 2058/BANG/2024[2021-2022]Status: DisposedITAT Bangalore21 Apr 2025AY 2021-2022

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. Vishal Bhat, CA
Section 11Section 115JSection 129Section 143(1)(a)Section 154

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company“. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company

M/S. Bank of Baroda(Erstwhile Vijaya Bank), Mumbai vs. Addl.CIT, Ltu, Bangalore

ITA 234/BANG/2025[2015-16]Status: DisposedITAT Bangalore04 Apr 2025AY 2015-16

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

For Appellant: Smt. Lalitha Rameshwaran, A.RFor Respondent: Sri Rajashekhar M., D.R
Section 115JSection 143(2)Section 250Section 36(1)(vii)

ITA No.234/Bang/2025 Bank of Baroda (Erstwhile Vijaya Bank), Mumbai IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH: BANGALORE BEFORE SHRI

Deputy Commissioner of Income Tax, Circle-2(1)(1), Bengaluru vs. Canara Bank, Bengaluru

In the result, appeal of the revenue in ITA No

ITA 297/BANG/2024[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessmentyear: 2017-18

For Appellant: Sri Abharana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 143(3)Section 14ASection 234BSection 250

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company‟. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company ... bank shall be deemed to be an „Indian company‟ and the company in which the public are „substantially interested' and since in Section 2(17) of the Income Tax Act, the „company‟ has been defined as any Indian company therefore, the provisions of the Income Tax Act would apply because

Canara Bank, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore, Bengaluru

ITA 1154/BANG/2023[2018-19]Status: DisposedITAT Bangalore17 Jan 2025AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Sri Abarana &Anantham, A.RsFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 14ASection 250Section 38(1)

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee, being a company". The company has been defined in Section 2(17) of the Income Tax Act, which means Indian company. Indian company means Indian company for the purposes of the Income Tax Act, that does ... means a company formed and registered under the Companies Act. Notwithstanding, where the company has been formed and registered under the Companies Act, Section 2(17) of the Income Tax Act deems such assessee bank to be a company for the purpose of Income Tax Act, but that does

JCIT(OSD) Corporate Circle-1(1), Chennai vs. Indian Bank, Chennai

ITA 527/CHNY/2023[2018-19]Status: DisposedITAT Chennai20 Nov 2024AY 2018-19
Section 250Section 36(1)(vii)Section 36(1)(viia)

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company“. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company

JCIT(OSD) Corporate Circle-1(1), Chennai vs. Indian Bank, Chennai

ITA 526/CHNY/2023[2017-18]Status: DisposedITAT Chennai20 Nov 2024AY 2017-18
Section 250Section 36(1)(vii)Section 36(1)(viia)

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company“. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company

JCIT(OSD) Corporate Circle-1(1), Chennai vs. Indian Bank, Chennai

ITA 517/CHNY/2023[2016-17]Status: DisposedITAT Chennai20 Nov 2024AY 2016-17

Bench: Shri Aby T Varkey & Shri Amitabh Shukla

Section 250Section 36(1)(vii)Section 36(1)(viia)

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company“. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company

JCIT(OSD) Corporate Circle-1(1), Chennai vs. Indian Bank, Chennai

ITA 516/CHNY/2023[2015-16]Status: DisposedITAT Chennai20 Nov 2024AY 2015-16
For Appellant: Shri M.Sanjeev Aditya, C.AFor Respondent: Ms.Nayani Swapna, CIT
Section 250Section 36(1)(vii)Section 36(1)(viia)

first of all, Section\r 115JB(2) is applicable to every assessee „being a company“. The company has been\r defined in Section 2(17) of the Income Tax Act which we have already reproduced in\r para 22 above. Thus, the company means any Indian company. Indian company

ACIT, Circle-1(1)(1), Ahmedabad, Vejalpur vs. Aia Engineering Limited, Ahmedabad

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is allowed

ITA 532/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad21 Oct 2024AY 2016-17

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 397/Ahd/2024 िनधा"रण वष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Dcit Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J आयकर अपील सं / Ita No. 532/Ahd/2024 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Acit, Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar ""थ" की ओर से / Revenue By : Shri Pratik Sharma, Sr Dr & Shri Sudhendu Das, Cit-Dr तारीख/Date Of Hearing : 09.10.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 21.10.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Pratik Sharma, Sr DR &
Section 154Section 250Section 32

that Vega UAE is duly incorporated as a body corporate under the law of a country outside India which is a requirement of Section 2(17) of the Income tax Act, 1961, and , therefore, Vega UAE has to be accepted as a company within the definition of Section 2(17

Canara Bank (Erstwhile Syndicate Bank), Bengaluru vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore, Bengaluru

ITA 938/BANG/2024[2014-15]Status: DisposedITAT Bangalore16 Oct 2024AY 2014-15

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Respondent: Ms. Brinda Rameswaran, A.R
Section 115JSection 143(3)Section 14ASection 250

ITA Nos.937 & 938/Bang/2024 M/s. Canara Bank (Erstwhile Syndicate Bank), Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH: BANGALORE BEFORE

Canara Bank (Erstwhile Syndicate Bank), Bengaluru vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore, Bengaluru

In the result, appeal of the assessee is partly allowed

ITA 937/BANG/2024[2013-14]Status: DisposedITAT Bangalore16 Oct 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Ms. Brinda Rameswaran, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 115JSection 143(3)Section 14ASection 250

Companies Act, 2013, first of all, Section 115JB(2) is applicable to every assessee „being a company‟. The company has been defined in Section 2(17) of the Income Tax Act which we have already reproduced in para 22 above. Thus, the company means any Indian company. Indian company ... bank shall be deemed to be an „Indian company‟ and the company in which the public are „substantially interested' and since in Section 2(17) of the Income Tax Act, the „company‟ has been defined as any Indian company therefore, the provisions of the Income Tax Act would apply because