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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)

Mahamadali Adam Patel, Bharuch vs. Income Tax Offocer, Ward 1(2), Bharuch

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

ITA 90/SRT/2023[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.90/Srt/2023 (Ay 2017-18) (Hearing In Physical Court) Mahamadali Adam Patel Income Tax Officer, Apana Nagar Society, Ward-1(2), Bharuch-392001 Vs At P.O. Vagara, Bharuch-392001 Pan No: Adxpp 0699 Q अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Krutarth K Desai, Advocate राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 03.02.2023 सुनवाई की तारीख/Date Of Hearing 17.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 27.11.2021 For Assessment Year 2017-18, Which In Turn Arises Out Assessment Order Passed By Income-Tax Officer-Ward-1(2)/ Assessing Officer Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 19.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. The Appellant Was Hold The Status Of Agriculturist, During The Year Under Consideration I.E. Ay 2017-18. The Entire Money Received Was The Income From Agriculture Activities Which Are Wholly Exempt Mahamadali Adam Patel From Taxation Purview. Hence The Appellant Is Not Liable To Pay Any Tax On This Income Addition Made By The Authority & Hence This Appeal. 2. The Learned Assessing Officer Has Erred In Appreciating The Factual Matrix Of The Case & Therefore The Addition Deserves To Be Deleted.

Section 144Section 254(1)

Date of filing appeal 03.02.2023 सुनवाई की तारीख/Date of hearing 17.03.2023 उ"घोषणा क" तार"ख/Date of 17.03.2023 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 National Faceless Appeal Centre

Sai Petroleum, Surat vs. Pr.CIT, -1, Surat

In the result, grounds no

ITA 116/SRT/2022[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.116/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Sai Petroleum Principal Commissioner Of 381, Survey No.415, Sachin, Income-Tax-1, Rom 123, Vs Surat-394230 Aayakhar Bhawan, Majura Pan No: Achfs 8318 Q Gate, Surat-395001 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Ketan S. Jagirdar, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 16.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 15.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-1(2)(4), Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1) The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts In Confirming Ads Made By Ld. Ao As Per Order Passed U/S 143(3) Of The Act. Sai Petroleum I. Addition U/S 68 R.W.S. 115Bbe Of The Act Amounting To Rs.13,65,241 As Unreconciled Cash Deposited In Bank Accounted As Cash Sales During Demonetization Period. Ii. Addition U/S 68 Of The Act Amounting To Rs.10,00,000 Received From Debtors As Unaccounted Cash Deposited In Bank During Demonetization Period.

Section 131Section 133ASection 143(3)Section 254(1)Section 68

Shri Vinod Kumar, Sr-DR सुनवाई की तारीख/Date of hearing 16.03.2023 उ"घोषणा क" तार"ख/Date of 17.03.2023 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 National Faceless Appeal Centre

Jigneshbhai Rasikbhai Savalia, Surat vs. Income Tax Officer, Ward - 1(2)(2), Surat

In the result, the appeal of assessee is allowed

ITA 133/SRT/2023[2015-16]Status: DisposedITAT Surat09 Mar 2023AY 2015-16

Bench: Shri Pawan Singhआ.अ.सं./Ita No.133/Srt/2023 (Ay 2015-16) (Hearing In Virtual Court) Jigneshbhai Rasikbhai Savalia, Income Tax Officer, Ward B/1 Bombay Market, No.1(2)(2), Aayakar Vs Umarwada, Surat-395003 Bhavan, Majura Gate, Pan No: Aobps 3537 D Surat-395001 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sapnesh R Sheth, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 21.02.2023 सुनवाई की तारीख/Date Of Hearing 09.03.2023 उ"घोषणा क" तार"ख/Date Of 09.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld. Cit(A)”] Dated 18.01.2023 For Assessment Year 2015-16, Which In Turn Arises Out Against The Penalty Levied By Assessing Officer/ Income Tax Officer Ward-1(2)(2) Surat, Under Section 271B Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.02.2018. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income-Tax (Appeals), Has Erred In Confirming The Action Of Assessing Officer In Imposing Penalty Of Rs.69,210/- U/S 271B Of The I.T.Act, 1961. Jigneshbhai R. Savalia 2. It Is Therefore Prayed That Penalty Imposed By Assessing Officer & Confirmed By Commissioner Of Income-Tax (Appeals) May Please Be Deleted. 4. The Appellant Craves Leave To Add, Alter Or Delete Any Ground(S) Either Before Or In The Course Of Hearing Of The Appeal.”

Section 139(1)Section 143(3)Section 254(1)Section 271BSection 44A

Date of filing appeal 21.02.2023 सुनवाई की तारीख/Date of hearing 09.03.2023 उ"घोषणा क" तार"ख/Date of 09.03.2023 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 National Faceless Appeal Centre

Parsben Jivanbhai Vadhiya, Surat vs. Dy. Commissioner of Income Tax, Circle -2(3), Surat

In the result, the grounds of appeal raised by the assesse is allowed

ITA 47/SRT/2023[2017-18]Status: DisposedITAT Surat06 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.47/Srt/2023 (Ay 2017-18) (Hearing In Virtual Court) Parasben Jivanbhai Vadhiya Deputy Commissioner Of 1, Village Budhaleshwar, Tal. Income-Tax, Circle-(3), Vs Mahuva, Surat-394250 Surat Pan No: Apvpv 0109 F अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sapnesh R Sheth, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 25.01.2023 सुनवाई की तारीख/Date Of Hearing 06.03.2023 उ"घोषणा क" तार"ख/Date Of 06.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 05.01.2023 For Assessment Year 2017-18, Which In Turn Arises Out Against The Penalty Levied By Assessing Officer Under Section 270A Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 26.11.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income-Tax (Appeals), Nfac Has Erred In Confirming The Action Of Assessing Officer In Imposing Penalty Of Rs.1,54,500/- U/S 270A Of The I.T.Act, 1961. Parasben J. Vadhiya 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income-Tax(Appeals), Nfac Has Erred In Passing Ex-Parte Order Although Assessee Sought Adjournment Upto 12/01/2023. 3. It Is Therefore Prayed That Penalty Imposed By Assessing Officer & Confirmed By Commissioner Of Income-Tax (Appeals) May Please Be Deleted.

Section 139(1)Section 254(1)Section 270ASection 270A(2)Section 270A(6)Section 274Section 43B

Date of filing appeal 25.01.2023 सुनवाई की तारीख/Date of hearing 06.03.2023 उ"घोषणा क" तार"ख/Date of 06.03.2023 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 National Faceless Appeal Centre