Section 2(11) of the Income Tax Act

The decision most relied on for Section 2(11) is Sharp Business System v. CIT III (27 Taxmann.com 50), cited in 53 of the 104 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(11)

Sharp Business System v. CIT III
27 Taxmann.com 50 · 2012 · High Court
53
citing judgments

A non-compete fee, being a capital expenditure, is not allowable as a deduction from income and does not qualify for depreciation under Section 32(1)(ii) of the Income-tax Act, 1961.

Sharp Business System v. CIT
254 CTR 233 · 2012 · High Court
50
citing judgments

Depreciation is allowable on a non-compete fee as it constitutes an intangible asset, even if the right acquired cannot be transferred, provided it is treated as part of a block of assets.

CIT v. Hughes Escorts Communications Ltd.
311 ITR 253 · 2009 · High Court
29
citing judgments

Expenses incurred prior to business commencement but after business setup are deductible as revenue expenses, as the setting up and commencement dates of a business are not necessarily the same.

My Home Power Ltd. v. DCIT
27 Taxmann.com 27 · 2012 · ITAT
26
citing judgments

The sale of certified emission reductions or carbon credits constitutes business income and is treated as trading receipts. This treatment is affirmed by considering the manufacturing process and is supported by a series of tribunal decisions.

CIT v. L.G. Electronic (India) Ltd.
282 ITR 545 · 2006 · High Court
23
citing judgments

The setting up of a business and the commencement of a business are distinct events and do not necessarily occur on the same date. Expenses incurred before the commencement of business but after the setting up of business may be considered for determining profits.

Assistant Commissioner of Income Tax v. Real Image Tech. (P) Ltd.
120 TTJ 983 · 2009 · ITAT
20
citing judgments

Depreciation is allowable on non-compete fees when a businessman pays another to restrain them from competing, as this constitutes an intangible asset.

Income Tax Officer v. Medicorp Technologies India Ltd.
122 TTJ 394 · 2009 · ITAT
20
citing judgments

Depreciation is not allowable on non-compete fees if they represent the acquisition of a business or commercial right, rather than an identifiable intangible asset.

Arthur Anderson & Co. v. ACIT
324 ITR 240 · 2010 · High Court
19
citing judgments

Allowing deduction of interest paid by the assessee as business expenditure u/s.37(1) of the Act is not permissible when netting off interest received against interest paid.

CIT v. Cinceita Private Limited
137 ITR 652 · 1982 · High Court
18
citing judgments

Expenses incurred for drawing up and registering a lease deed, including stamp duty and professional fees, are revenue expenditure if they do not involve any premium and would have been the same regardless of the lease period (provided it's more than one year). The period of the lease does not determine if the asset is of an enduring nature.

CIT v. Hon’ble Kerala High Court
236 ITR 416 · 1999 · High Court
17
citing judgments

The actual cost of an asset for depreciation purposes is the cost to the assessee, reduced by any portion of that cost met by another person. Revaluation of assets motivated by inflating depreciation claims, rather than genuine business needs, is not permissible.

Judgments on Section 2(11)

ITO Ward-44(6), New Delhi vs. Harsh Arora, Delhi

Appeal of the revenue is partly allowed for statistical purposes

ITA 902/DEL/2024[2015-16]Status: DisposedITAT Delhi30 May 2025AY 2015-16

Bench: Shri Satbeer Singh Godara, Judical Member & Shri Manish Agarwalincome Tax Officer, Shri Harsh Arora, Ward 44(6), 38-C, Road No. 73, Room No. 1808, Vs. West Punjabi Bagh, E-2 Block, Civic Centre, New Delhi-110002. New Delhi-110026 Pan: Aajpa1520C (Appellant) (Respondent) Assessee By Shri Rajeev Saxena, Adv. Ms. Sumangla Saxena, Adv. & Shri Dishant Sethi, Adv. Department By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 29/05/2025 Date Of Pronouncement 29/05/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Ld. Commissioner Of Income Tax [Cit(A), In Short], National Faceless Appeal Centre (Nfac) Dt. 19.01.2024 In Appeal No. Cit(A), Delhi- 14/10140/2017-18 For Assessment Year 2015-16 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short). 2. At The Time Of Hearing, The Ld. Counsel For The Assessee, Vide Letter Dated 29Th May, 2025, Placed On Record, Submitted That The Revenue Has Filed The Appeal In The Name Of Assessee Harsh Arora Who Had Expired On 04.09.2019 I.E. Prior To The Date When The Impugned Order Was Passed By The Ld. Cit(A). He Further Submitted That The Necessary Action Was Already Taken For Bringing The Legal Representative (Lr) On Record In It Portal & Copy Of The Same Is Also Produced Before Us. It Is, Therefore, Submitted By The Ld. Ar That The Appeal Filed By The Revenue Against The Dead Person Is Void & Thus Not Maintainable & Deserves To Be Dismissed. Ito Vs. Harsh Arora

Section 159Section 2Section 2(11)Section 2(29)Section 250