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“Section 243(2)”

Section References (mined)Section 243Section 243(2)1 judgments

The decision most relied on for Section 243(2) is CIT v. Karnal Co-operative Sugar Mills Ltd. (243 ITR 2), cited in 125 judgments on BharatTax.

Leading authorities on Section 243(2)

CIT v. Karnal Co-operative Sugar Mills Ltd.
243 ITR 2 · 2000 · Supreme Court
125
citing judgments

Income earned from deposits or investments directly and inextricably linked to the acquisition of assets or the setting up of a business project during its construction period is incidental to the asset acquisition, reducing the project cost, or constitutes business receipts eligible for relevant deductions, rather than 'income from other sources'.

Chelmsford Club v. CIT
243 ITR 89 · 2000 · Supreme Court
100
citing judgments

Income arising from mutual activities carried out by clubs or associations solely among their members is not assessable for income tax, as it does not constitute income from a trade or business due to the principle of mutuality.

CIT v. Hindustan Electro Graphites Ltd.
243 ITR 48 · 2000 · Supreme Court
94
citing judgments

A subsequent amendment cannot impose a new tax burden or liability for a period when such liability did not exist. Therefore, additional tax or penalty cannot be levied for non-disclosure of income made taxable retrospectively by an amendment not in force at the time of the original return.

243 ITR 674 (Karnn) Gayathri Textiles v. CIT
230 ITR 301 · 1998 · High Court
44
citing judgments

The absence of JCIT's approval under Section 274(2) is a curable procedural irregularity that does not render the Assessing Officer's order void ab initio, but rather requires the matter to be decided afresh after obtaining the necessary approval.

243 ITR 674 (Karnn) Gayathri Textiles v. CIT
1 SOT 281 · 2004 · ITAT
40
citing judgments

The absence of prior approval from the Joint CIT under section 274(2) does not render an Assessing Officer's order void ab initio; the matter can be decided afresh after obtaining the necessary approval.

N Govindraju v. ITO
377 ITR 243 · 2015 · High Court
30
citing judgments

If a notice under section 148(2) is valid, the Assessing Officer can make additions on any grounds that come to notice during reassessment proceedings under section 147, even if the original reasons for the notice no longer survive.

243 ITR 674 (Karnn) Gayathri Textiles vs. CIT, 1 SOT 281 (Jodh) Ratan Lal Dalmia v. Income Tax Officer
292 ITR 281 · High Court
23
citing judgments

The absence of prior approval from the Joint Commissioner of Income Tax under section 274(2) does not automatically render the Assessing Officer's order void ab initio. The matter can be decided afresh after obtaining the necessary approval.

Judgments citing Section 243(2)