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“Section 55(2)(a)(ii)”

Section References (mined)Section 55Section 55(2)(a)(ii)29 judgments

The decision most relied on for Section 55(2)(a)(ii) is 275(Delhi); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn Ltd. (143 Taxmann.com 135), cited in 25 judgments on BharatTax.

Leading authorities on Section 55(2)(a)(ii)

275(Delhi); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn Ltd.
143 Taxmann.com 135 · 2022 · High Court
25
citing judgments

Where an expense is incurred for the purpose of acquiring a capital asset, and that asset is subsequently sold, the expenditure must be considered as part of the cost of acquisition of that asset for the purpose of calculating capital gains. This is because the expense forms an integral part of the cost of acquiring the asset, not an expenditure of revenue nature.

PCIT v. CIMS Hospital Pvt.Ltd.
125 Taxmann.com 227 · 2021 · High Court
17
citing judgments

The Assessing Officer can apply Rule 8D for disallowance under Section 14A only if they are not satisfied with the correctness of the assessee's claim regarding expenditure in relation to exempt income, after considering the assessee's accounts. Invocation of Rule 8D is not automatic.

Judgments citing Section 55(2)(a)(ii)

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1781/MUM/2023[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1780/MUM/2023[2016-14]Status: DisposedITAT Mumbai29 Nov 2023AY 2016-14

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1779/MUM/2023[2012-13]Status: DisposedITAT Mumbai29 Nov 2023AY 2012-13

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1764/MUM/2023[2018-19]Status: DisposedITAT Mumbai29 Nov 2023AY 2018-19

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1763/MUM/2023[2015-16]Status: DisposedITAT Mumbai29 Nov 2023AY 2015-16

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1762/MUM/2023[2014-15]Status: DisposedITAT Mumbai29 Nov 2023AY 2014-15

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1761/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 Nov 2023AY 2013-14

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

ACIT-2(2)(1), Mmumbai vs. M/S. Jics Logistic Limited, Mumbai

In the result, the appeal of the revenue for assessment year the appeal of the revenue for assessment year the appeal of the revenue for assessment year

ITA 1760/MUM/2023[2011-12]Status: DisposedITAT Mumbai29 Nov 2023AY 2011-12

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2011-12 & Assessment Year: 2012-13 &

For Appellant: Mr. Satyaprakash Singh

case of goodwill arising out of amalgamation, the cost in the hands of target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section 55(2) (a) (ii) and, target company would be NIL by virtue of section ... section 49(1)(iii)(e), Explanation 7 to section 43(1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) were not Explanation 2(b) to section

Mahavir Ghar Sansar Pvt. Ltd, Mumbai vs. ITO 1(1), Mumbai

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

ITA 141/MUM/2022[2013-14]Status: DisposedITAT Mumbai18 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 141/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Ito-1(1)(1), Mahavir Ghar Sansar Aayakar Bhavan, M. K. Private Limited, बिधम/ Road, Mumbai-400 020 19 Raj Mahal, 84, Veer Vs. Nariman Road, Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacs7170C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri Mahita Nair, Ld. Dr सुनवाईकीतारीख/ : 22.08.2022 Date Of Hearing घोषणाकीतारीख / : 18.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 01.12.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 263 For Ay 2015-16. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: NoneFor Respondent: Shri Mahita Nair, Ld. DR
Section 143(3)Section 148Section 32(1)(ii)

section 49(1)(iii)(e), Explanation 7 to section 43 (1) and/or Explanation 2(b) to section 43(6)(c) and section 55(2)(a)(ii) which were relevant to the issue in hand, given the fact 6 I.T.A. No. 141/Mum/2022 Mahavir Ghar Sansar Private Limited that these were