← All Phrases

“Section 2(14)”

Section References (mined)Section 2Section 2(14)695 judgments

The decision most relied on for Section 2(14) is Escorts Ltd. v. UOI (199 ITR 43), cited in 267 judgments on BharatTax.

Leading authorities on Section 2(14)

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

CIT v. Siemens Aktiongesellschaft
310 ITR 320 · 2009 · High Court
259
citing judgments

Reimbursements of actual expenses without any profit element are not taxable income. Additionally, mere amendments to the Income-tax Act do not override the provisions of Double Taxation Avoidance Agreements (DTAAs).

Smt. Sarifabibi Mohmed Ibrahim v. CIT
204 ITR 631 · 1993 · Supreme Court
197
citing judgments

The determinative test for whether land is agricultural land or a capital asset is its actual user for agricultural purposes, not merely ownership. An explicit intention to stop cultivation or convert the land to non-agricultural use can cause it to lose its agricultural character, making its sale proceeds chargeable to capital gains tax.

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.

CIT v. D.P. Sandhu & Bros.
273 ITR 1 · 2005 · Supreme Court
140
citing judgments

Surrender of tenancy rights is a transfer of a capital asset, and the consideration received is a capital receipt subject to capital gains tax. If the cost of acquisition cannot be determined, the transfer of such an asset was not taxable under capital gains prior to the amendment of Section 55(2) in 1995.

CIT v. Raja Benoy Kumar Sahas Roy
32 ITR 466 · 1957 · Supreme Court
132
citing judgments

Income is considered agricultural income, exempt under Section 10(1), only if the land undergoes a measure of cultivation involving basic primary operations prior to germination and subsequent post-germination activities requiring human skill and labour.

S.G. Mercantile Corporation P. Ltd. v. CIT, Calcutta
83 ITR 700 · 1972 · Supreme Court
126
citing judgments

Income from sources not falling under any other head of income under Section 14 of the Income Tax Act is taxed under the residuary head 'income from other sources'. If income cannot be taxed under Section 45 (capital gains), it cannot be taxed at all.

CIT v. Market Committee, Pipli
330 ITR 16 · 2011 · High Court
113
citing judgments

A charitable trust can claim depreciation on assets when computing the income applied for charitable or religious purposes under Section 11 of the Income Tax Act, for assessment years prior to the introduction of Section 11(6). The restriction on claiming depreciation, as introduced by Section 11(6), is prospective from AY 2015-16.

Judgments citing Section 2(14)

Mr Dnyaneshwar Baburao Kathe, Nashik vs. Income Tax Officer, Ward-1(3), Pune

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 432/PUN/2024[2011-12]Status: DisposedITAT Pune04 Nov 2024AY 2011-12

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.432/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 Mr. Dnyaneshwar Baburao Vs. Ito, Ward-1(3), Pune. Kathe, Janori Dhawa, 10Th Mail Road, Dindori, Nashik- 422206. Pan : Bbppk3199D Appellant Respondent Assessee By : Shri Krishna V. Gujarathi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 13.08.2024 Date Of Pronouncement : 04.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.01.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) On The Facts & In The Circumstance Of The Case & In Law The Honorable Cit(A) Has Erred & Is Not Justified In Confirming The Addition Of Rs.31,58,740/- By Treating The Cash Deposits Made By The Assessee In The Saving Bank Account Of Dena Bank As Unexplained Income Without Appreciating The Fact That The Said Cash Deposited In The Bank Was Out Of Agriculture Sale Proceeds. The Appellant Prays That The Addition May Please Be Deleted.

For Appellant: Shri Krishna V. GujarathiFor Respondent: Shri Ramnath P. Murkunde
Section 148Section 3Section 50CSection 54F

assessee was more than 8 kilometres from Nashik Municipal Corporation (i.e. nearest municipality). Therefore, the same is not a capital asset as per section 2(14) of the IT Act, accordingly Capital Gain cannot be calculated. Alternatively, it was also submitted before the Bench that sale proceeds/long term capital gain