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“Section 65(2)”

Section References (mined)Section 65Section 65(2)1 judgments

The decision most relied on for Section 65(2) is CIT v. Walchand & Co. (65 ITR 381), cited in 314 judgments on BharatTax.

Leading authorities on Section 65(2)

CIT v. Walchand & Co.
65 ITR 381 · 1967 · Supreme Court
314
citing judgments

The necessity and reasonableness of business expenditure, including the utilization of borrowed funds, must be judged from the perspective of a businessman based on commercial expediency, and cannot be dictated by revenue authorities. The onus is on the assessee to demonstrate the business purpose and commercial expediency.

ITO, 19(3) (4) Mumbai v. Shamim M Bharwani
69 Taxmann.com 65 · 2016 · Reported
142
citing judgments

Long Term Capital Gains (LTCG) from penny stock transactions are liable to be treated as bogus and added back under Section 68 as unexplained cash credits, especially when evidence suggests the involvement of entry operators providing accommodation entries.

Garware Wall Ropes Ltd. v. ACIT
65 SOT 86 · 2014 · ITAT
74
citing judgments

Disallowance under Section 14A read with Rule 8D(2)(iii) does not apply to long-term investments, including those in subsidiary/group concerns or strategic investments, and such investments should be excluded from the calculation.

Triune Energy Services (P.) Ltd. v. DCIT
65 Taxmann.com 288 · 2016 · High Court
42
citing judgments

When a business is purchased as a going concern, the consideration paid in excess of the value of its tangible assets is classified as goodwill, which is an intangible asset eligible for depreciation without needing a separate valuation.

CIT v. K. Adinarayana Murthy
65 ITR 607 · 1967 · Supreme Court
28
citing judgments

An assessment made on an assessee under a different status than what was specified in the notice is illegal and without jurisdiction. The assessee must be put on notice and invited for objections if the Assessing Officer proposes to assess them under a different status.

Jivatlal Purtapshi v. CIT
65 ITR 261 · 1967 · High Court
19
citing judgments

An appeal is not maintainable if the Assessing Officer accepts the assessee's claim after due verification of documents, especially when the decision is based on an agreement or the assessee has not provided an explanation for the nature and source of credits.

1. CIT v. Ratlam Coal Ash Co.
65 ITD 1 · 1998 · ITAT
11
citing judgments

An assessment order cannot be considered erroneous and prejudicial to the Revenue's interests, thus not subject to revision under section 263, if the Assessing Officer has considered all facts and completed the assessment after due application of mind.

Judgments citing Section 65(2)