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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)

ACIT- CC- 3(3), Cr- 3, Mumb vs. M/S. Candor Renewable Energy Pvt. Ltd.(Erstwhile 'Bhadrawati Ispat & Energy Ltd'.), Mumbai

ITA 2561/MUM/2021[2013-14]Status: DisposedITAT Mumbai19 Oct 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am 1. आयकरअपीलसं./ I.T.A. No. 2561/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2013-14) & 2. आयकरअपीलसं./ I.T.A. No. 2560/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2014-15) Asst. Commissioner Of M/S Candor Renewable Energy Pvt. Ltd. Inocome Tax-Cc-3(3), (Erstwhile Bhadrawati Central Range-3, बनाम/ Ispat & Energy Ltd) R. No. 1923, 19Th Floor, Air Vs. 404, 4Th Floor, Hub Town India Building, Nariman Solaris, N. S. Phadke Point, Mumbai-400021 Marg, Mumbai-400 069 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aadcr1238F (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : 3. आयकरअपीलसं./ I.T.A. No. 697/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2013-14) & 4. आयकरअपीलसं./ I.T.A. No. 698/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2014-15) Dy. Commissioner Of M/S Candor Renewable Energy Pvt. Ltd. (Erstwhile Income Tax-Cc-3(3), Bhadrawati Ispat & Energy Central Range-3, बनाम/ Ltd) R. No. 1923, 19Th Floor, Vs. 404, 4Th Floor, Hub Town Air India Building, Solaris, N. S. Phadke Marg, Nariman Point, Mumbai-400 069 Mumbai-400021 (अपीलधथी/Appellant) (प्रत्यथी / Respondent) :

For Appellant: Shri Sanjay V. DeshmukhFor Respondent: Shri Mani Jain & Prateek
Section 153ASection 68

existence at the time of issuance of the assessment order is valid order or invalid under the provision of the Act. 14. Section 2(31) defines "Person" which includes "a company" and section 170(2) deals with succession and provides that in case of succession predecessor shall be assessed

Matrabhav Trust, Mumbai vs. Pr Commissioner of Income Tax-17, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 872/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Jul 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalematrabhav Trust Vs. Pr. Cit – 17 5Th Floor, Sunteck Room No. 120, 1St Floor, Centre, 37 40 Kautilya Bhavan G Subhash Road, Vile Block, Bandra Kurla Parle (East) Complex, Bandra(E), Mumbai-400057. Mumbai-400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadtm5199F Appellant .. Respondent Appellant By : Shri.Rakesh Joshi.Ar Respondent By : Shri .A.B. Koli.Dr Date Of Hearing 21.07.2022 Date Of Pronouncement 27.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Pr. Commissioner Of Income Tax 17, Mumbai U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Rakesh Joshi.ARFor Respondent: Shri .A.B. Koli.DR
Section 115BSection 143(2)Section 143(3)Section 263

have filed your Return of Income as AOP/BOI. The Assessing Office in his assessment order has mentioned your status as "Trust". As per Section 2(31) of the I.T. Act, which gives definition of the "Person", the Matrabhav Trust Mumbai. Trust is not included in various categories of Persons ... capital gains is exempted on transfer of such house. An assessee under the Act is a 'person'. A 'person' has been defined in section 2(31) which includes an individual, a Hindu undivided family, a company, a firm, an association of persons or a body of individuals whether incorporated