Section 17(2) of the Income Tax Act

Income-tax Act, 2025: ss.16, 17, 18

Section 17(2) falls under section 17 of the Income-tax Act, 1961, which corresponds to section 16 (Income from salary), section 17 (Perquisite) and section 18 (Profits in lieu of salary) of the Income-tax Act, 2025.

Read section 16 of the 2025 ActRead section 17 of the 2025 ActRead section 18 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 17(2) is Puri Constructions (P) Ltd. v. Addl. CIT (159 Taxmann.com 441), cited in 7 of the 161 judgments on BharatTax that turn on this section.

Leading authorities on Section 17(2)

Judgments on Section 17(2)

Tcg Lifesciences Pvt. Ltd., Kolkata vs. JCIT, R-59(TDS), Kolkata

In the result, both the appeals of the assessee are dismissed

ITA 1236/KOL/2016[2011-2012]Status: DisposedITAT Kolkata20 Jun 2018AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri A.T. Varkey, Jm] I.T.A. Nos. 1234 & 1236/Kol/2016 Assessment Years: 2011-12 & 2012-13 M/S. Tcg Lifesciences Pvt. Ltd...............................………………………............................Appellant Block – Bn, Plot – 7, Sector – V, Salt Lake Electronics Complex, Kolkata – 700 091. [Pan : Calco 3085 F] Income Tax Officer……………………………………………….............................................Respondent Ward 59(4) (Tds), Kolkata, 10B, Middleton Row, Kolkata – 700 071. Appearances By: Shri A.K. Tibrewal, Fca Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 04, 2018 Date Of Pronouncing The Order : June 20, 2018 Order Per P.M. Jagtap, A.M. These Two Appeals Filed By The Assessee Are Directed Against The Common Order Of Ld. Cit(A) – 24, Kolkata Dated 04.03.2016 Whereby He Upheld The Orders Passed By The Assessing Officer Under Section 201(1)/201(1A) Of The Income Tax Act, 1961 Treating The Assessee As The Assessee In Default For A.Y. 2011-12 & 2012-13. 2. The Assessee In The Present Case Is A Company. A Survey Under Section 133A Was Carried Out In The Business Premises Of The Assessee Company On 13Th September, 2013. Subsequently, From The Relevant Details Furnished By The Assessee, The Amount Of Tax Deducted From The Payments Of Various Expenses Was Verified By The A.O. On Such Verification, He Found That Payments Of Rs. 29,51,709/- & Rs. 34,00,802/- Were Made By The Assessee Company To Different

Section 133ASection 201Section 201(1)

Tcg Lifesciences Pvt. Ltd., Kolkata vs. ITO, WD-59(4) (TDS), Kolkata

In the result, both the appeals of the assessee are dismissed

ITA 1234/KOL/2016[2011-2012]Status: DisposedITAT Kolkata20 Jun 2018AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri A.T. Varkey, Jm] I.T.A. Nos. 1234 & 1236/Kol/2016 Assessment Years: 2011-12 & 2012-13 M/S. Tcg Lifesciences Pvt. Ltd...............................………………………............................Appellant Block – Bn, Plot – 7, Sector – V, Salt Lake Electronics Complex, Kolkata – 700 091. [Pan : Calco 3085 F] Income Tax Officer……………………………………………….............................................Respondent Ward 59(4) (Tds), Kolkata, 10B, Middleton Row, Kolkata – 700 071. Appearances By: Shri A.K. Tibrewal, Fca Appearing On Behalf Of The Assessee. Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 04, 2018 Date Of Pronouncing The Order : June 20, 2018 Order Per P.M. Jagtap, A.M. These Two Appeals Filed By The Assessee Are Directed Against The Common Order Of Ld. Cit(A) – 24, Kolkata Dated 04.03.2016 Whereby He Upheld The Orders Passed By The Assessing Officer Under Section 201(1)/201(1A) Of The Income Tax Act, 1961 Treating The Assessee As The Assessee In Default For A.Y. 2011-12 & 2012-13. 2. The Assessee In The Present Case Is A Company. A Survey Under Section 133A Was Carried Out In The Business Premises Of The Assessee Company On 13Th September, 2013. Subsequently, From The Relevant Details Furnished By The Assessee, The Amount Of Tax Deducted From The Payments Of Various Expenses Was Verified By The A.O. On Such Verification, He Found That Payments Of Rs. 29,51,709/- & Rs. 34,00,802/- Were Made By The Assessee Company To Different

Section 133ASection 201Section 201(1)

DCIT Cen Cir 1(4), Mumbai vs. Grasim Industries Ltd, Mumbai

Accordingly direct the AO to exclude value of such fringe benefit from the taxable value of fringe benefit. Ground No. 7 is accordingly allowed

ITA 5057/MUM/2015[2009-10]Status: DisposedITAT Mumbai08 Sept 2017AY 2009-10

Bench: S/Sh.Rajendra & C. N. Prasadआयकर अपील अपील संसंसंसं./I.T.A./5057/Mum/2015,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2009-10 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" Dcitcent. Circle-1(4), Room No.902, M/S. Grasim Industries Limited 9Th Floor,Old Cgo Building. M.K. Road Corporate Finance Division, Aditya Birla Church Gate,Mumbai-400 020. Centre, A-Wing, Vs. 2Nd Floor, Sk Ahire Marg, Worli Mumbai-400 030 Pan:Aaacg 4464 B (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से / Revenue By: Shri Vidyadhar- Dr अपीलाथ" क" ओर से /Assessee By: Shri Ronak G. Doshi सुनवाई क" तारीख / Date Of Hearing: 13/07/2017 घोषणा क" तारीख / Date Of Pronouncement: 08/09/2017 लेखा सद"य, राजे"" के अनुसार लेखा सद"य राजे"" के अनुसार/ Per Rajendra A.M.- लेखा सद"य लेखा सद"य राजे"" के अनुसार राजे"" के अनुसार Challenging The Order Dtd.30.07.2015 Of The Cit(A)-13,Mumbai,The Assessee Had Filed The Present Appeal.Assessee-Company,Engaged In The Business Of Manufacturing & Trading Filed The Fringe Benefit Tax(Fbt) On 29/09/2009,Showing Value Of Chargeable Fringe Benefit (Fb) At Rs.36.80 Crores.In The Return It Had Offered Various Expenses As Chargeable To Fbt.But,By Way Of A Note It Claimed That Fbt Was Payable On Such Expenditure.The Ao Completed The Assessment U/S.115We(3)Of The Act,On 17.10.2011,Determining The Value Of The Chargeable Fb At Rs. 36,80,51,213/-.

For Appellant: Shri Ronak G. DoshiFor Respondent: Shri Vidyadhar- DR
Section 115W