Section 14 of the Income Tax Act

The decision most relied on for Section 14 is Escorts Ltd. v. UOI (199 ITR 43), cited in 267 of the 685 judgments on BharatTax that turn on this section.

Leading authorities on Section 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.

KOTAK MAHINDRA CO. LTD. AND ANOTHER. 367 50.(1987) 3 SCC 544: MADHAV AYAWADANRAO HOSKOT v. STATE OF MAHARASHTRA. 51
10 SCC 1 · 2014 · Supreme Court
250
citing judgments

The judgment in Kotak Mahindra Co. Ltd. does not appear to be directly cited for a specific income tax proposition in the provided passages. The passages merely list it as one of several cases cited in subsequent judgments, without detailing its specific contribution to the legal reasoning.

Ghanashyam Mishra And Sons. v. Edelweiss Asset Reconstruction
126 Taxmann.com 132 · 2021 · Supreme Court
192
citing judgments

Once a resolution plan is approved under Section 31(1) of the IBC, claims not included in the plan are extinguished and cannot be pursued. This applies to statutory dues owed to the government and other authorities.

East India Housing and Land Development Trust Ltd. v. CIT
42 ITR 49 · 1961 · Supreme Court
147
citing judgments

Rental income from immovable property owned by an assessee must be assessed under the head 'Income from House Property' (Section 22), even if the assessee is engaged in the business of real estate or property development and leasing. This emphasizes the mandatory classification of income under its specific statutory head.

Eagle Flask Industries Ltd. v. Commissioner of Central Excise, 2004 Supp (4) SCR 35. State of Jharkhand v Ambay Cements
1 SCC 368 · 2005 · Supreme Court
146
citing judgments

Mandatory provisions in taxation statutes must be strictly complied with. Non-compliance with a mandatory provision results in the cancellation of any concession granted.

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. 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.

United Commercial Bank Ltd. v. CIT
32 ITR 688 · 1957 · Supreme Court
109
citing judgments

The heads of income specified in the Income Tax Act are mutually exclusive, requiring any item of income to be charged and computed solely under its specific statutory head, with Section 56 (Income from Other Sources) serving as a residuary provision.

CIT v. Hindustan Electro Graphites Ltd.
243 ITR 48 · 2000 · Supreme Court
94
citing judgments

A subsequent amendment cannot impose a new tax burden or liability for a period when such liability did not exist. Therefore, additional tax or penalty cannot be levied for non-disclosure of income made taxable retrospectively by an amendment not in force at the time of the original return.

ACG Associated Capsule Private Limited v. Commissioner of Income Tax, Central IV, Mumbai
3 SCC 321 · 2022 · Reported
89
citing judgments

Profits of a business are computed under the head 'Profits and Gains of Business or Profession' and then reduced by specific receipts mentioned in Explanation (baa) to Section 80HHC. This means that for the purposes of Section 80HHC, only profits computed under the business head are considered, with subsequent adjustments for specified receipts.

Judgments on Section 14

ACIT, New Delhi vs. M/S. Vashulinga Finance Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 5464/DEL/2011[2008-09]Status: DisposedITAT Delhi14 Jul 2016AY 2008-09

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2008-09 Asstt. Commissioner Of Income Tax, Vs. M/S. Vashulinga Finance Pvt. Ltd., Circle-17(1), C.R. Building, New 1004, Chiranjiv Tower, 43, Nehru Delhi Place, New Delhi Gir/Pan :Aabcv4461G (Appellant) (Respondent) Appellant By Ms. Sulekha Verma, Cit (Dr) Respondent By Sh. K.P. Garg, Ca Date Of Hearing 26.05.2016 Date Of Pronouncement 14.07.2016 Order Per O.P. Kant, A.M.: This Appeal Of The Revenue Has Arisen Consequent To The Judgment Of The Hon’Ble High Court Of Delhi In Ita 274/2013, Dated 07/08/2014 In The Case Of The Assessee, Wherein The Issue Of ‘Head Of Taxability’ Has Been Remitted Back To The Tribunal For Deciding A Fresh. 2. The Facts In Brief Of The Case Are That In The Assessment Proceedings, The Assessing Officer Observed That In The Return Of Income Filed, The Assessee Claimed Set Off Of Brought Forward Business Losses Against Income Of Rs. 24,94,407/- For The Year Under Consideration. Further, On Perusal Of Profit & Loss Account, It Was Revealed That The Assessee Earned Interest Income Amounting To Rs. 91,26,226/- From The Deposits In Banks, Which Was Shown Under The Head ‘Business Income’. According To The Assessing Officer, The Interest Income Should Have Been Taxed Under The Head ‘Income From Other Sources’. It Was Explained By The Assessee, That It Was Registered As A Non-Banking Financial

Section 260A