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“Section 254(1)”

Section References (mined)Section 254Section 254(1)1,469 judgments

The decision most relied on for Section 254(1) is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on Section 254(1)

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

ACIT v. Saurashtra Kutch Stock Exchange Ltd.
305 ITR 227 · 2008 · Supreme Court
470
citing judgments

Non-consideration of a decision by a jurisdictional High Court or the Supreme Court constitutes a mistake apparent from the record. However, non-consideration of a non-jurisdictional High Court decision does not typically amount to such a mistake.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

CIT v. Jai Parabolic Springs Ltd.
306 ITR 42 · 2008 · High Court
349
citing judgments

An assessee can make an additional claim for deduction or file a revised computation of income during assessment proceedings, even if a revised return of income has not been filed. Such additional claims or grounds can also be admitted at the appellate stage.

CIT v. Tasgaon Taluka S.S.K. Ltd.
103 Taxmann.com 57 · 2019 · Supreme Court
306
citing judgments

The Supreme Court holds that the issue of payment of excessive price on purchase of sugarcane by assesses is no longer res integra. The court elaborately dealt with this issue.

Bangalore Club v. CIT
350 ITR 509 · 2013 · Supreme Court
247
citing judgments

The Supreme Court affirmed the doctrine of mutuality, holding that contributions received from and returned to members for a common purpose do not constitute taxable profits. However, income from transactions with non-members or interest earned from investments in external entities (like cooperative banks) may break the mutuality chain and be taxable under Section 56, falling outside the scope of Section 80P deductions.

CIT v. Madras Auto Service (P) Ltd.
233 ITR 468 · 1998 · Supreme Court
246
citing judgments

Expenditure providing an enduring advantage, such as upfront lease rent for land, is revenue expenditure if no capital asset is acquired or generated, allowing for deduction under Section 37, even when capitalized in the books of account.

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.

Judgments citing Section 254(1)

Shri Kirankumar Rasiklal Sanghvi, Deesa vs. Pr. Commissioner of Income Tax-4, Ahmedabad

In the result, the application filed by the assessee for withdrawal of appeal is allowed

ITA 222/SRT/2021[2015-16]Status: HeardITAT Surat21 Nov 2023AY 2015-16

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.222/Srt/2021 (Ay 2015-16) (Hybrid Hearing) Shri Kirankumar Rasiklal Principal Commissioner Of Sanghvi Income-Tax-4, Ahmedabad, Vs 1, Paras Society, Room No.311, “C” Block, 3Rd Neminathnagar Road, Deesa- Floor, Pratyaksh Kar Bhavan, 385535 Opp. Polytechnic, Ambawadi, Pan : Afops 0131 D Ahmedabad-380015 अपीलाथ"/Appellant ""थ" /Respondent िनधा"रती की ओर से /Assessee By Shri Rushin G Patel, Advocate राज" की ओर से /Revenue By Shri Ashish Pophare, Cit-Dr सुनवाई की तारीख/Date Of Hearing 21.11.2023 उद्घोषणा की तारीख/Date Of 21.11.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Learned Principal Commissioner Of Income Tax-Ahmedabad-4, [For Short To As ‘Ld. Pcit’] Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 03.03.2022 For Assessment Year (Ay) 2015-16. The Impugned Order Passed On 30.03.2020, However, In Form-36, Date Of Communication Of The Order Mentioned As 19.08.2020 & The Appeal Was Filed On 22.11.2021. 2. The Ld. Authorized Representative (Ld.Ar) For The Assessee Submits That Due To Bonafide Belief That Surat Bench Of Income Tax Appellate Tribunal (Surat Bench) Has Jurisdiction, The Assessee Filed Present Appeal. The Basis Of Belief Of Assessee Was That For Ay 2015-16, The Revenue Filed Appeal Against The Order Of Cit(A)-4 Ahmadabad Before Kirankumr R Sanghvi

Section 14Section 254(1)Section 263

/Revenue by Shri Ashish Pophare, CIT-DR सुनवाई की तारीख/Date of hearing 21.11.2023 उद्घोषणा की तारीख/Date of 21.11.2023 pronouncement Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of learned Principal Commissioner