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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)

Jairam Gulumal Diyalani, Bharuch vs. ITO, Ward1(5), Bharuch

In the result, appeal of the assessee is allowed

ITA 171/SRT/2019[2014-15]Status: DisposedITAT Surat30 Jan 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.171/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Jairam Gulumal Diyalani Income Tax Officer, M/S Tulsi Saree, Main Bazar, Ward-1(5), Bharuch Vs. Jambusar, Dist. Bharuch- 392150 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acgpd 8463 L (Appellant) (Respondent) िनधा"रती की ओर से /Assessee By : Shri Mehul K Patel, Advocate राज"व क" ओर से /Respondent By : Shri Ashok B. Koli, Cit-D.R सुनवाई की तारीख/ Date Of Hearing : 17/01/2023 घोषणा की तारीख/Date Of Pronouncement : 30/01/2023 आदेश / Order Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Principal Commissioner Of Income Tax-3, Vadodara (In Short “Ld. Pcit”] Dated 07.12.2018, Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), For Assessment Year 2014-15. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1.0 The Learned Commissioner Of Income Tax-3, Baroda, Has Erred In Law & On Facts In Holding That The Assessment Order Dated 29-12-2016 Passed Under Section 143(3) Of The Income Tax Act, 1961 Is Erroneous & Prejudicial To The Interest Of Revenue & Thereby Erred In Invoking The Provisions Of Section 263 Of The I T Act. 2.0 The Learned Commissioner Of Income Tax-3, Baroda Has Erred In Law & On Facts In Directing The Assessing Officer To Make Additions Of Rs.9,00,000/- On Account Of Total Sums Received From Investment Made In Property Situated At Mumbai. 2.1 The Learned Commissioner Of Income Tax-3, Baroda Ought To Have Appreciated That The Overall Additions On Account Of The Total Amount Received Have Already Been Made In One Year Or The Other & That There Is No Loss Of Revenue.

For Appellant: Shri Mehul K Patel, AdvocateFor Respondent: Shri Ashok B. Koli, CIT-D.R
Section 133ASection 139(1)Section 143(3)Section 263

adjustment in the previous assessment year’s (2013-14) taxable income and such instruction may be given by the Tribunal as per section 254(1) of the Act. 16. On the other hand, Learned CIT-DR for the Revenue submitted that relevant income should be taxable in the relevant assessment