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“Section 10(14)”

Section References (mined)Section 10Section 10(14)25 judgments

The decision most relied on for Section 10(14) is Escorts Ltd. v. UOI (199 ITR 43), cited in 267 judgments on BharatTax.

Leading authorities on Section 10(14)

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

Assam Bengal Cement Co. Ltd. v. CIT
27 ITR 34 · 1955 · Supreme Court
174
citing judgments

The Supreme Court established the foundational test for distinguishing between capital and revenue expenditure, holding that the aim and object of the expenditure and whether it brings into existence an asset or an advantage of an enduring nature determines its character, irrespective of the payment method. An advantage lasting five years or more can be considered enduring.

East India Housing and Land Development Trust Ltd. v. CIT
42 ITR 49 · 1961 · Supreme Court
147
citing judgments

Rental income from immovable property owned by an assessee must be assessed under the head 'Income from House Property' (Section 22), even if the assessee is engaged in the business of real estate or property development and leasing. This emphasizes the mandatory classification of income under its specific statutory head.

CIT v. ITI Ltd.
313 ITR 1 · 2009 · Supreme Court
142
citing judgments

An employer is not statutorily obligated to collect evidence from employees regarding the actual utilization of amounts paid towards leave travel concession or conveyance allowance, unless specific requirements are mandated by law or a CBDT circular.

CIT v. D.P. Sandhu & Bros.
273 ITR 1 · 2005 · Supreme Court
140
citing judgments

Surrender of tenancy rights is a transfer of a capital asset, and the consideration received is a capital receipt subject to capital gains tax. If the cost of acquisition cannot be determined, the transfer of such an asset was not taxable under capital gains prior to the amendment of Section 55(2) in 1995.

CIT v. Raja Benoy Kumar Sahas Roy
32 ITR 466 · 1957 · Supreme Court
132
citing judgments

Income is considered agricultural income, exempt under Section 10(1), only if the land undergoes a measure of cultivation involving basic primary operations prior to germination and subsequent post-germination activities requiring human skill and labour.

CIT v. Market Committee, Pipli
330 ITR 16 · 2011 · High Court
113
citing judgments

A charitable trust can claim depreciation on assets when computing the income applied for charitable or religious purposes under Section 11 of the Income Tax Act, for assessment years prior to the introduction of Section 11(6). The restriction on claiming depreciation, as introduced by Section 11(6), is prospective from AY 2015-16.

United Commercial Bank Ltd. v. CIT
32 ITR 688 · 1957 · Supreme Court
109
citing judgments

The heads of income specified in the Income Tax Act are mutually exclusive, requiring any item of income to be charged and computed solely under its specific statutory head, with Section 56 (Income from Other Sources) serving as a residuary provision.

Judgments citing Section 10(14)

DCIT-8(1)(1), Mumbai vs. M/S Sapiens Technologies (1982) India Pvt Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1361/MUM/2023[2014-2015]Status: DisposedITAT Mumbai01 Sept 2023AY 2014-2015

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1361/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Dcit-8(1)(1) बिधम/ M/S. Sapiens Room No. 673, 6Th Floor, Technologies (1982) India Vs. Aayakar Bhawan, Maharshi Pvt. Ltd. Karve Marg, Mumbai- 22, New Pushpamilan, 67, 400020. Worli Hills, Mumbai- 400018. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaci8674H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Vani Saxena Revenue By: Shri Ram Krishna Kedia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 06/07/2023 घोषणा की तारीख /Date Of Pronouncement: 01/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, Delhi Dated 24.02.2023 For Assessment Year 2014-15. 2. The Grounds Of Appeal Of The Revenue Are As Under: - “(I) Whether On The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Considering Daily Overseas Allowances Was Paid By The Company Being In The Nature Of Reimbursement Of Expenses Incurred By Employees On Their Business Trip To Overseas. (Ii) Whether On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Failed To Consider That The Allowance Are Perquisite Within The Meaning Of Section 17(2) Of The I. T. Act & Hence It Will Be Taxable In India & Assessee Has Failed To Deduct Taxes At Source As Required U/S 40(A)(Iii).”

For Appellant: Ms. Vani SaxenaFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 143(3)Section 17(2)Section 40

being in the nature of reimbursement of expenses incurred by employees on their business trip to overseas jurisdiction, it will be exempt under section 10(14)(ii) of the Act. In view of this, there was no liability on the appellant to deduct tax at source in respect of overseas