Section 170 of the Income Tax Act

Income-tax Act, 2025: s.313

Section 170 of the Income-tax Act, 1961 corresponds to section 313 (Succession to business or profession otherwise than on death) of the Income-tax Act, 2025.

Read section 313 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 170 is Techno Shares and Stocks Ltd. v. CIT (327 ITR 323), cited in 130 of the 49 judgments on BharatTax that turn on this section.

Leading authorities on Section 170

Techno Shares and Stocks Ltd. v. CIT
327 ITR 323 · 2010 · Supreme Court
130
citing judgments

Membership rights and business contracts, as 'business or commercial rights of similar nature' to a license or franchise, qualify as intangible assets eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

Areva T&D India Ltd. v. DCIT
345 ITR 421 · 2012 · High Court
97
citing judgments

Business contracts and commercial rights of similar nature qualify as intangible assets under Section 32(1)(ii) and are eligible for depreciation. The decision also affirms that goodwill is an intangible asset eligible for depreciation.

CIT v. Jai Prakash Singh
219 ITR 737 · 1996 · Supreme Court
36
citing judgments

A procedural defect in serving notices, such as issuing them after the assessee's death without proper service on legal representatives, can invalidate reassessment proceedings and render assessment orders void. However, an omission or defect in serving notices does not erase a tax liability created by substantive provisions, though it may render an order irregular.

I & B Seeds P. Ltd. v. DCIT
142 Taxmann.com 274 · 2022 · ITAT
14
citing judgments

Depreciation on goodwill arising on amalgamation was allowable prior to the amendments made by the Finance Act, 2021, which took effect from April 1, 2021.

Deputy Commissioner of Income Tax, Circle-I, Kolkata v. India Jute & Industries Ltd.
65 Taxmann.com 238 · 2016 · Reported
14
citing judgments

Unabsorbed depreciation is not a subject matter that can be rectified under Section 154 of the Income-tax Act.

CIT v. Toyota Kirloskar Motor Pvt. Ltd.
349 ITR 65 · 2012 · High Court
12
citing judgments

Expenditure incurred on acquiring a software license with a shelf life of less than two years is allowable as revenue expenditure.

Premji Khimraj Shah v. ITO
118 ITR 216 · 1979 · Reported
11
citing judgments

Succession to business requires the successor to take over the whole or substantially the whole of the predecessor's business and continue it. A successor to only a part of the business, resulting from disintegration, is not considered a successor to the original business.

Chatturam v. CIT
15 ITR 302 · 1947 · Reported
11
citing judgments

The jurisdiction to assess and the liability to pay tax are not conditional on the validity of the notice. Liability to pay tax is founded in charging sections, not machinery provisions.

Tube Investments of India Ltd. v. JCIT
67 Taxmann.com 59 · 2016 · High Court
11
citing judgments

Expenditure incurred on a debt that is not part of the assessee's stock-in-trade and not incurred in purchasing or selling goods is not an admissible deduction.

Maharaja of Patiala v. CIT
11 ITR 202 · 1943 · High Court
10
citing judgments

A notice issued to a deceased assessee in his own name, served on the legal representative, is not void merely because it omits to state that it was served in the capacity of a legal representative.

Judgments on Section 170

Vishal Furnishing Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 8(3)(1), Mumbai

ITA 4550/MUM/2024[2018-19]Status: DisposedITAT Mumbai01 Oct 2025AY 2018-19

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Vishal Furnishing Limited Assistant Commissioner Of Income 211, Shiv Shakti Industrial Complex, Tax, Circle 8(3)(1), Mumbai. Vs. Lower Parel, Mumbai – 400011. Pan/Gir No. Aaacr2138K (Appellant) : (Respondent) Assessee By : Shri Rahul Hakkani Respondent By : Shri Vivek Perampurna (Cit Dr) Date Of Hearing : 10.07.2025 Date Of Pronouncement : 01.10.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1) The Learned Cit(A) Failed To Appreciate That The Assessment Order Was Passed In Violation Of The Principles Of Natural Justice & Contrary To The Scheme Of Assessment & Hence The Assessment Order Was A Nullity & Deserves To Be Quashed. 2) The Ld Cit(A) Erred In Confirming The Order Of Ao Disallowing Depreciation On Goodwill Of Rs 4,12,73,088/- (As Claimed In Accounts) Without Appreciating That Goodwill Had Arisen On Amalgamation & Was Eligible For Depreciation U/S 32 & Hence The Addition Of Rs 4,12,73,088/-May Be Deleted. Vishal Furnishing Limited

For Appellant: Shri Rahul HakkaniFor Respondent: Shri Vivek Perampurna (CIT DR)
Section 143(2)Section 250Section 32Section 32(1)Section 36(1)(va)