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“Section 2(31)”

Section References (mined)Section 2Section 2(31)183 judgments

The decision most relied on for Section 2(31) is CIT v. Saravana Spinning Mills Ltd. (293 ITR 201), cited in 109 judgments on BharatTax.

Leading authorities on Section 2(31)

CIT v. Saravana Spinning Mills Ltd.
293 ITR 201 · 2007 · Supreme Court
109
citing judgments

Expenditure for replacement of machinery parts qualifies as 'current repairs' under Section 31(i) of the Income-tax Act if it does not result in a new asset or substantially enhance the existing asset's life. For Section 31(i), the critical factor is whether the expense constitutes current repairs, making the general revenue vs. capital distinction less relevant for that specific section.

Calcutta in Dawjee Dadabhoy & Co. v. S.P. Jain
31 ITR 872 · 1957 · High Court
103
citing judgments

The phrase 'prejudicial to the interests of the Revenue' under the Income Tax Act includes instances where there is a loss of tax.

Saraswati Industrial Syndicate Ltd. v. CIT
186 ITR 278 · 1990 · Supreme Court
79
citing judgments

Upon amalgamation, the amalgamating company ceases to exist in the eyes of the law. Therefore, any assessment or proceeding initiated against a non-existent amalgamating company is invalid as it is no longer considered a 'person' under the Income-tax Act.

Bikram Singh v. Land Acquisition Collector
224 ITR 551 · 1997 · Supreme Court
75
citing judgments

Interest received as income on delayed payment of compensation under Sections 28 or 31 of the Land Acquisition Act is a taxable revenue receipt, chargeable to income tax under the head 'income from other sources'.

CIT v. Indira Balakrishna
39 ITR 546 · 1960 · Supreme Court
47
citing judgments

An Association of Persons (AOP) is formed when two or more persons voluntarily join for a common purpose to produce income, profits, or gains, and it is the AOP itself that is taxed.

CIT v. Intel Technology India (P.) Ltd.
380 ITR 272 · 2016 · High Court
45
citing judgments

When an amalgamating company ceases to exist due to a scheme of arrangement or merger, any subsequent assessment or action under the Income-tax Act initiated against that non-existent entity is void ab initio, as it is not a 'person' under Section 2(31).

Para 3.1, 5.2, 12.1, 13 8. DCIT v. Boston Consulting Group Pte. Ltd.
94 ITD 31 · 2005 · ITAT
40
citing judgments

The Delhi Tribunal, in citing Boston Consulting Group, examines the taxability of fees for services, particularly concerning whether such fees constitute 'fees for technical services' under Indian domestic law or are covered by a tax treaty. The decision likely clarifies the application of treaty provisions over domestic law for certain service fees when determining the taxability of a foreign enterprise in India.

Ramnath & Co. v. CIT
116 Taxmann.com 885 · 2020 · Supreme Court
30
citing judgments

Beneficial provisions in tax law should be interpreted strictly, with the burden of proof on the assessee. Ambiguous beneficial provisions are interpreted in favour of the Revenue.

Judgments citing Section 2(31)

ITO, Ward-2(1), International Taxation, Chennai vs. Shri Ahmed Thambi, Chennai

In the result, the appeal of the Revenue is dismissed

ITA 376/CHNY/2023[2017-18]Status: DisposedITAT Chennai28 Aug 2024AY 2017-18

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.376/Chny/2023 िनधा:रण वष: /Assessment Year: 2017-18 The Income Tax Officer, Shri Ahamed Thambi, Ward-2(1), Vs. New No.24, Old No.18-C, International Taxation, Mayor Sivashanmugam Pillai Chennai. Street, Nungambakkam, Chennai – 600 034. [Pan: Ahcpr 1686A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथG की ओर से/ Assessee By : Shri N. Arjun Raj, Advocate IjथG की ओर से /Revenue By : Shri N. Sanjay Gandhi, Jcit सुनवाई की तारीख/Date Of Hearing : 10.06.2024 घोषणा की तारीख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per S.R. Raghunatha, A.M : This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-16, Chennai [Hereinafter “Cit(A)]In Ita No.12/Cit(A)-16/2021-22, Dated 19.01.2023. The Assessment Was Framed By The Income Tax Officer, International Taxation, Ward-2(1), Chennai For The Assessment Year 2017-18 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Vide Order Dated 13.04.2021. :- 2 -:

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri N. Sanjay Gandhi, JCIT
Section 142(1)Section 143(2)Section 143(3)

rates fixed for the year by Annual Finance Act; (ii) the charge is on every person, including the assessable entities enumerated in section 2(31); (iii) the income taxed is that of the previous year and not of the year of assessment; and] (iv) the levy

Amcell E Services, Patiala vs. ITO, W-2, Patiala

The appeal of the assessee is allowed for statistical purposes

ITA 806/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh03 Jul 2024AY 2017-18

Bench: The Tribunal Under Section 253 Of The Income Tax Act, 1961. The Assessee Is Aggrieved By The Order Under Section 250 Of The Income Tax Act, Bearing No. Itba/Nfac/S/250/2023- 24/1057250796(1) Dt. 20/10/2023 Which Is Hereinafter Referred To As The “Impugned Order”. The Assessee Pan Is Aaxfa0904A. The A.Y. Is 2017-18 Corresponding To The F.Y. From 01/04/2016 To 31/03/2017. Factual Matrix 2. The Assessee Has Raised Following Grounds Of Appeal In Form No. 36 Before Us. 1. That The Cit(A) Appeal Decided The Appeal Ex-Party Without Providing Proper Opportunity Of Being Heard As Such The Order Is Liable To Deleted. 2. That The Addition Confirmed By Cit(A) Of Rs. 90,88,250/- Is Illegal & Against The Fact Of The Case. 3. That The Cit(A) Failed To Appreciate That The Ao Has Accepted The Fact That The Bank Account In Question Is Already Incorporate In Personal Returns Of The Partner Shri Mukesh Kumar As Such The Same Has Resulted In Double Taxation.

For Appellant: Shri Rajiv Saldi, CAFor Respondent: Shri Manpreet Duggal, JCIT, Sr. DR
Section 250Section 253

Firm” has been defined under section 2(23)(1)(i)(iii) of Income Tax At and so also partner alongwith partnership. Under Section 2(31) person is too defined, which all the stakeholders should note. Order 9. In view of aforesaid we set aside the impugned order