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“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)

Kathiravan Srinivasan, Perambalur vs. DCIT, Circle -1, Tiruchirapalli

In the result, the appeal filed by the assessee in ITA No

ITA 172/CHNY/2022[2011-2012]Status: DisposedITAT Chennai23 Dec 2022AY 2011-2012

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

both the years contended that these lands were agricultural lands and hence, not liable for capital gains in view of the provisions of section 2(14) of the Act. But the AO noted that the lands were purchased by assessee, who is also one of the trustees and these lands

Kathiravan Srinivasan, Perambalur vs. DCIT, Circle-1, Tiruchirapalli

In the result, the appeal filed by the assessee in ITA No

ITA 171/CHNY/2022[2010-11]Status: DisposedITAT Chennai23 Dec 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

both the years contended that these lands were agricultural lands and hence, not liable for capital gains in view of the provisions of section 2(14) of the Act. But the AO noted that the lands were purchased by assessee, who is also one of the trustees and these lands

Kathiravan Srinivasan, Perambalur vs. DCIT, Circle-1, Tiruchirapalli

In the result, the appeal filed by the assessee in ITA No

ITA 170/CHNY/2022[2010-11]Status: DisposedITAT Chennai23 Dec 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकरअपील सं./Ita Nos.: 170 & 171/Chny/2022 िनधा"रण वष" / Assessment Year: 2010-11 & आयकरअपील सं./Ita No.: 172/Chny/2022 िनधा"रण वष" / Assessment Year: 2011-12 Shri Kathiravan Srinivasan, Vs The Dcit, No.274C, Thuraiyur Road, Circle-1, 2Nd Perambalur – 621 212. Main Building, Floor, New No.44, Old No.4, Williams Road, Cantonment, Pan: Ajspk 6687Q Trichirapalli-620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Shri Darzakhum Songate, Cit सुनवाई क" तार"ख/Date Of Hearing : 18.10.2022 घोषणा क" तार"ख/Date Of Pronouncement : 23.12.2022 आदेश /O R D E R Per Mahavir Singh, Vp: These Three Appeals By The Assessee Are Arising Out Of Two Different Orders Of The Commissioner Of Income Tax (Appeals)-19, Chennai In Ita Nos.581 & 582/Chny/19-20 Dated 03.03.2022. The Assessments In Ita Nos.170 & 172/Chny/2022 Were Framed By The Jcit, Range 1, Trichy For The Assessment Years 2010-11 & 2011-12 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Orders Dated 31.03.2013 & 31.03.2014 Respectively. The Third Appeal In Ita No.171/Chny/2022 Is Against The Assessment Order Framed In Consequence To Revision Order Passed By Pcit U/S.263 Of The Act & Consequent Order Of The Ao For The Assessment Year 2010-11 U/S.143(3) R.W.S. 263 Of The Act Dated 12.03.2015 Passed By The Dcit, Circle-1, Trichy.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri Darzakhum Songate, CIT
Section 143(3)Section 263Section 68

both the years contended that these lands were agricultural lands and hence, not liable for capital gains in view of the provisions of section 2(14) of the Act. But the AO noted that the lands were purchased by assessee, who is also one of the trustees and these lands

A.Ramesh, Chennai vs. DCIT Corporate Circle 15, Chennai

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

ITA 1838/CHNY/2018[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 1838/Chny/2018 िनधा"रण वष"/Assessment Year:2010-11 Shri A. Ramesh, The Deputy Commissioner Of 21, North Crescent Road, Vs. Income Tax, T. Nagar, Chennai -17. Corporate Circle 15, Chennai. [Pan:Aeppr4222Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri C. Ramesh Kumar, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.10.2022 घोषणा की तारीख /Date Of Pronouncement : 04.11.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai, Dated 30.01.2018 Relevant To The Assessment Year 2010-11. The Only Effective Ground Raised In This Appeal Of The Assessee Relates To Whether The Agricultural Land Sold By The Assessee Is Liable For Capital Gain Tax Or Exempt From Taxation.

For Appellant: Shri C. Ramesh Kumar, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 2(14)

beyond 8 kms from the nearby municipality and contended that the land did not fall within the scope of capital asset as per section 2(14) of the Income Tax Act, 1961 [“Act” in short] and the agricultural income earned by the assessee was used for captive consumption. After examining ... assessee is non-agricultural land and 5 I.T.A. No.1838/Chny/18 therefore, the case of the assessee does not fall under the exception provided under section 2(14) of the Act. Accordingly, the Assessing Officer calculated the long term capital gains at ₹.1,26,00,000/- and brought to tax. On appeal

DCIT, Chennai vs. K.Dhandapani and Co. Ltd., Chengalput

In the result, the appeal filed by the Revenue is dismissed and the cross objection filed by the assessee is partly allowed for statistical purposes

ITA 1428/CHNY/2017[2012-13]Status: DisposedITAT Chennai28 Oct 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.1428/Chny/2017 "नधा"रण वष" /Assessment Year: 2012-13 The Dcit, K. Dhandapani & Co. Ltd., Corporate Circle-4(2), No.C-20, Tvk Industrial Estate, Chennai – 600 034. Vs. Guindy, Chennai – 600 032. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) & C.O No.109/Chny/2017 [In Ita No.1428/Chny/2017] "नधा"रण वष" /Assessment Year: 2012-13 K. Dhandapani & Co. Ltd., The Dcit, No.C-20, Tvk Industrial Estate, Corporate Circle-4(2), Guindy, Chennai – 600 032. Vs. Chennai – 600 034. Pan: Aaack 1318C (अपीलाथ"/Appellant) (""यथ"/Respondent) राज"व क" ओर से /Revenue By : Shri M. Rajan, Cit "नधा"रती क" ओर से/Assessee By : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/Date Of Hearing : 05.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 28.10.2022

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 2(14)Section 2(47)Section 45

assessment proceedings or when the issue was remanded to the AO. 2.3 The CIT(A) failed to note that the conditions stipulated in section 2(14) cannot be established unless the particulars of the land are known. 2.4 The CIT(A) failed to appreciate that the assessee did not produce ... revenue records are agricultural lands, which are evidenced by the adangal and the letter of the Tahsilar and satisfies other conditions of section 2(14) then the assessee was liable to be exempted from capital gain tax. This view was further fortified by the jurisdictional High Court in the case

ACIT, Ncc - 11 (1), Chennai vs. Shri Anil Kumar Shantichand Mehta, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57

assessee before the Assessing Officer is that the land acquired by the Government qualifies as an agricultural land in rural area under section 2(14)(iii) of the Act and thus, the land in question is not capital asset. Therefore, the compensation received for acquisition of rural agricultural land ... away from 5.2 kilometers from Sholavaram and 24 kilometers from Ponneri Town. After examining the 6 I.T.A. No. 302/Chny/20 provisions of section 2(14) of the Act, the ld. CIT(A) has observed as under: “9.1 Therefore applying the above criteria/definition to the instant impugned land, it could be said