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“Section 2(24)(ii)”

Section References (mined)Section 2Section 2(24)(ii)10 judgments

The decision most relied on for Section 2(24)(ii) is CIT v. Bharat Hotels Ltd. (410 ITR 417), cited in 486 judgments on BharatTax.

Leading authorities on Section 2(24)(ii)

CIT v. Bharat Hotels Ltd.
410 ITR 417 · 2019 · High Court
486
citing judgments

Employee contributions to provident fund and ESI, if paid beyond the due date prescribed by the respective welfare fund statutes, are not allowed as a deduction under the Income Tax Act.

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.

Bongaigaon Refinery and Petrochemicals Ltd. v. CIT
251 ITR 329 · 2001 · Supreme Court
53
citing judgments

Income earned during the construction phase of a project, which has a direct and inextricable nexus with the project's setting up, constitutes a capital receipt and reduces the project's cost, rather than being taxable as revenue income. This applies to incidental income like interest on funds (e.g., share capital, grants) temporarily parked before being utilized for the specific project.

DCIT v. Gloster Jute Mills Limited
88 Taxmann.com 738 · 2017 · ITAT
39
citing judgments

Additional depreciation under Section 32(1)(iia) can be claimed in the year an asset is acquired and installed, even if it is claimed in a subsequent year of acquisition and installation.

50%. (ii) Hindalco Industries Ltd. v. Addl. CIT
62 Taxmann.com 181 · 2015 · ITAT
38
citing judgments

A commission of 0.50% charged by a parent company for a corporate guarantee is considered to be at Arm's Length Price (ALP). This rate is used for adjustments in transfer pricing.

CIT v. Gemini Arts (P) Ltd.
254 ITR 201 · 2002 · High Court
33
citing judgments

Lump sum payments for lease, even for an extended period, can be considered revenue expenditure if they substitute for revenue expenditure. Payments that substitute for revenue expenditure are generally treated as revenue expenditure.

Cemetile Industries v. ITO
145 Taxmann.com 209 · 2022 · ITAT
25
citing judgments

Where an assessee-employer deposits the employees' share of contribution towards provident fund and ESI beyond the statutory due dates, disallowance under section 36(1)(va) is justified, and such disallowance is a proper adjustment under section 143(1)(a).

Ms. Nalina Dyave Gowda v. Asstt. DIT
146 Taxmann.com 420 · 2023 · ITAT
23
citing judgments

Disallowance of employees' contribution to ESI and PF made under section 143(1)(a) is valid if paid beyond the due date prescribed by the respective Acts, even if paid before the due date for filing the return of income under section 139(1).

Judgments citing Section 2(24)(ii)

M/S. Piaggio Vehicles Pvt.Ltd, Pune vs. Assistant Commissioner of Income-Tax, Circle - 4, Pune

In the result, appeal of the assessee is dismissed

ITA 868/PUN/2022[2015-16]Status: DisposedITAT Pune23 Dec 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

Section 115Section 2(24)Section 250Section 3Section 4

learned DR, the Supreme Court while dealing with the constitutional validity of Sec.115 O of the Act has held that under section 2(24)(ii) dividend is included in ‘income’ and is thus covered by Entry 82 of List I to Seventh Schedule, “taxes on income, other than agricultural income