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“Section 242(2)”

Section References (mined)Section 242Section 242(2)1 judgments

The decision most relied on for Section 242(2) is Rohitasava Chand v. CIT (306 ITR 242), cited in 59 judgments on BharatTax.

Leading authorities on Section 242(2)

Rohitasava Chand v. CIT
306 ITR 242 · 2008 · High Court
59
citing judgments

Receipt of a non-compete fee, even if it does not alter the assessee's business structure, impairs the carrying on of their activity, constituting a loss of a source of income.

11th June, 1996. 4. In Trustees of H.E.H. the Nizam’s Supplemental Family Trust v. CIT
242 ITR 381 · 2000 · Supreme Court
32
citing judgments

Reassessment proceedings under Section 148 of the Income Tax Act cannot be initiated unless the assessment proceedings based on a previously filed return have been terminated. Notice for reassessment cannot be issued while original assessment proceedings are pending.

99 ITR 375 (Del), CIT vs. Seshasayee Paper & Boards Ltd. (2000) 242 ITR 490 (Mad), CWT v. Prithvi Raj & Co.
199 ITR 424 · 1993 · High Court
21
citing judgments

A Commissioner cannot invoke revisionary powers under Section 263 merely because further enquiry is needed; the Commissioner must demonstrate how the assessment order is erroneous and prejudicial to revenue, and cannot form an opinion without proper analysis.

(i) Eimco KCP Ltd. v. CIT
242 ITR 659 · 2000 · Supreme Court
19
citing judgments

The Commissioner can revise an assessment order under section 263 even if an appeal against the order is pending before the CIT(A), as the Assessing Officer's order is considered subsisting and effective.

AIR 1977 SC 796 Krishnand v. State of Madhya Pradesh
242 ITR 133 · 2000 · High Court
18
citing judgments

An assessment cannot be based on mere suspicion or guess work; the Assessing Officer must bring on record material evidence to prove that apparent is not real.

1.Thiru Arooran Sugars Ltd. v. CIT 350 ITR 324 (Mad.) 2. Roger Enterp v. Rises Pvt. Ltd.
226 ITR 242 · 1997 · High Court
15
citing judgments

Expenditure incurred on interior decoration, false ceiling, and wooden structures on leased premises constitutes capital expenditure, not revenue expenditure.

242 (Kar.) (iii) Yum Restaurant India P. Ltd., (2015) 371 ITR 139 (Del.) (iv) CIT v. Nipso Poly Fabriks Ltd.
371 ITR 164 · 2015 · High Court
14
citing judgments

Employee contributions to Provident Fund (PF) and Employees' State Insurance (ESI) are allowable as deductions if paid before the due date for filing the income tax return.

Commissioner of Income-tax v. Miss Piroja C. Patel
242 ITR 582 · 2000 · High Court
12
citing judgments

Compensation paid to hutment dwellers for vacating land is an allowable expenditure in computing capital gains, as it relates to the transfer of the asset. Such payments are considered a cost of acquisition or improvement under Section 48 read with Section 55 of the Income-tax Act, 1961.

Judgments citing Section 242(2)