← 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)

Yogesh Patel, Usa vs. DCIT Circle Int Taxation 2(2)(2), New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes with consequences to follow as directed above

ITA 2065/DEL/2023[2020-21]Status: DisposedITAT Delhi05 Jul 2024AY 2020-21

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2020-21 Yogesh Patel, Vs Dcit, 37319, Fowler Street New Ark Circle Int. Taxation 2(2)(2), California, New Delhi. Usa 94560. Pan: Arppp4747H (Appellant) (Respondent) Assessee By : Shri Bhupendra Shah, Ca Revenue By : Shri Vizay B. Vasanta, Cit-Dr Date Of Hearing : 23.04.2024 Date Of Pronouncement : 05.07.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Final Assessment Order Dated 23.06.2023 Passed U/S 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Dcit, Circle International Taxation 2(2)(2), New Delhi (Hereinafter Referred To As The Ld. Ao), For Assessment Year 2020-21. 2. The Applicant Is Non-Resident Indian Settled In Usa & Is Us Tax Resident. During The Previous Year Relevant To The Assessment Year Under Reference, The Applicant Sold Ancestral Land Bearing S No14 Hissa, No 7 Pt, Village Goregaon, Tal Borivli, Mumbai Suburban Dist On December 11, 2019 & Disclosed Long Term Capital Gains Computed As Under:- Amt In Rs Sale Consideration - 18,56,87,500 Less: Deduction U/S 48 - 13,56,87,500 Net Sale Consideration (I) 5,00,00,000 Acquisition Cost Fair Market Value On 01-04-2001 Rs 10,400/- X 3647.80 Sq M 3,79,37,120 Less: 60% Reduction In Fmv Due To Encroachment 2,27,62,272 1,51,74,848 Indexed Cost 1,51,74,848 X [289/100] 4,38,55,311 Cost Of Acquisition (Ii) 4,38,55,311 Long Term Capital Gains: (I) - (Ii) 61,44,689

For Appellant: Shri Bhupendra Shah, CAFor Respondent: Shri Vizay B. Vasanta, CIT-DR
Section 143(3)Section 48

what they transferred or relinquished was an independent right or interest, held by them, falling in definition of capital asset within meaning of section 2(14) but certainly the same was not taxable in the hands of assessee. The AO, as also the DRP, have both fallen in error

Ashish Gupta, Ghaziabad vs. ITO, Ward-1(1), Ghaziabad

In the result, the appeal of the assessee is allowed

ITA 13/DEL/2020[2013-14]Status: DisposedITAT Delhi13 Jun 2024AY 2013-14

Bench: Shri Shamim Yahya & Ms. Madhumita Royshri Ashish Gupta, Vs. Ito, Ward 1 (1), R-11/32, Raj Nagar, Ghaziabad. Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Agipg3854E) (Appellant) (Respondent) Assessee By : Shri Subodh Gupta, Ca Shri Mukesh Agarwal, Ca Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Order : 13.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals), Ghaziabad Dated 25.07.2019 For The Assessment Year 2013-14. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Because The Order Of Ld. Lower Authority Is Bad In Law As Well As Is Against The Facts & Circumstances Of The Case. 2. Because Learned Commissioner Of Income Tax (Appeals) Erred In Sustaining The Addition Of Long Term Capital Gain Rs.13230858/- By Wrongly Observing That Land Situated At Village Masuri Pargana Dasna Is Within The Municipal Limits Of Ghaziabad Though The Agricultural Land Is Undisputedly Beyond

For Appellant: Shri Subodh Gupta, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 2(14)

responded that the said land was an agricultural land and does not fall within the meaning of capital assets as per provisions of section 2(14) of the Income-tax Act, 1961 (for short ‘the Act’). To verify this claim, Assessing Officer deputed Inspector of Income-tax who has submitted ... case, the asset transferred by the assessee during the year is held to be a capital asset within the meaning of Section 2(14) of the Act and the same is chargeable to capital gain tax under the Income Tax Act, 1961. 7. During the year under consideration, the assessee