Section 2(24) of the Income Tax Act

The decision most relied on for Section 2(24) is CIT v. Yokogawa India Ltd. (341 ITR 385), cited in 270 of the 355 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(24)

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

CIT v. Indo Nippon Chemicals Co. Ltd.
261 ITR 275 · 2003 · Supreme Court
204
citing judgments

A liability recognized in accordance with the Accounting Standards prescribed by the Institute of Chartered Accountants of India (ICAI) is an allowable expense for income tax purposes.

CIT v. Meghalaya Steels Ltd.
383 ITR 217 · 2016 · Supreme Court
203
citing judgments

Subsidies and excise duty refunds that are accounted for in the Profit and Loss account are revenue in nature, form part of business income, and are eligible for deductions under Section 80IB/80IC. Such receipts cannot be reduced from the block of assets for depreciation calculation.

PCIT v. Ankit
416 ITR 591 · 2019 · High Court
125
citing judgments

Capital receipts, including interest subsidy received under schemes like TUF, are excluded when computing book profits under Section 115JB of the Income Tax Act. This principle also extends to the reduction of provisions written back from book profits for MAT purposes.

CIT v. My Home Power Ltd.
365 ITR 82 · 2014 · High Court
123
citing judgments

Receipts from the sale of carbon credits are capital receipts, not business income, as they arise from environmental concerns and not from business operations. Such receipts are not taxable under Sections 2(24), 28, 45, or 56 of the Act, especially prior to the introduction of Section 115BBG.

CIT v. Rasoi Ltd.
335 ITR 438 · 2011 · High Court
107
citing judgments

Sales tax subsidies and Industrial Promotion Assistance received under the West Bengal Incentive Scheme are capital receipts and therefore not liable to tax. The ruling clarifies the inapplicability of the Sahney Steel judgment to such subsidies.

Pr. CIT v. Ankit Metal & Power Ltd.
109 Taxmann.com 93 · 2019 · High Court
77
citing judgments

Capital receipts, such as interest and power subsidy, are not includible in book profit under Section 115JB as they do not fall within the definition of income under Section 2(24).

Travencore Rubber & Tea Co. Ltd. v. CIT
325 ITR 422 · 2010 · Supreme Court
72
citing judgments

Forfeited advance money received for the transfer of a capital asset is not taxable as revenue receipt. Such forfeiture pertains to a capital receipt directly related to the potential sale of a capital asset.

Rain Commodities Ltd. v. DCIT
41 DTR 449 · 2010 · ITAT
71
citing judgments

The ITAT Special Bench in Rain Commodities Ltd. held that certain capital receipts, such as forfeited share warrants, if credited to the profit and loss account, are liable for book profits tax under Section 115JB (Minimum Alternate Tax).

19 ITR 191 Lakshimaratan Cotton Mills Co. Ltd. v. CIT (SC)
73 ITR 634 · 1969 · Supreme Court
61
citing judgments

When claiming an expenditure under section 37(1), the onus is on the assessee to prove the necessary facts, not on the revenue. Mere production of vouchers is insufficient if the genuineness of payment is doubted.

Judgments on Section 2(24)

The ITO-Ward-1(2)(3), Ahmedabad vs. Smt. Lalitaben Govindbhai Patel, Ahmedabad

In the result, appeal is dismissed as infructuous

ITA 875/AHD/2016[2009-10]Status: DisposedITAT Ahmedabad22 Mar 2019AY 2009-10

Bench: Shri Pramod Kumar, Hon’Ble & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 875/Ahd/2016 & Cross Objection No. 76/Ahd/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Ito, Smt. Lalitaben बनाम/ Ward-1(2)(3), Ahmedabad, Govindbhai Patel Vs. A-Wing, Room No. 103, Ganesh House, 1St Floor, Pratyaksh Kar Nr. Dharnidhar Derasar, Bhavan, Ambawadi, New Vikas Gruh Road, Ahmedabad- 380015 Paldi Bhatta, Ahmedabad- 380007 Smt. Lalitaben Govindbhai Ito, Patel Ward-1(2)(3), Ahmedabad, Ganesh House, A-Wing, Room No. 103, 1St Floor, Pratyaksh Kar Nr. Dharnidhar Derasar, New Vikas Gruh Road, Bhavan, Ambawadi, Paldi Bhatta, Ahmedabad- 380015 Ahmedabad- 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aea Pp9 516 L (Appellant/Respondent) .. (Respondent/Cross Objector) अपीलाथ" ओर से /Appellant By : O. P. Sharma, Cit Dr, Lalit P. Jain, Sr. Dr Nupur Patel ""यथ" क" ओर से / Respondent By : सुनवाई क" तार"ख / Date Of 03/01/2019 Hearing घोषणा क" तार"ख /Date Of 22/03/2019 Pronouncement आदेश/O R D E R Per Mahavir Prasad - Jm: This Appeal Has Been Preferred By The Revenue Against The Order Of Ld. Cit(A) Appeal No. Cit(A)-10/Ito-Wd/2(1)/370/2014-15 Dated 03.02.2016 Arising From Assessment Order Dated 26.06.2014. In The

For Appellant: O. P. Sharma, CIT DR, Lalit P
Section 143(3)Section 2(24)Section 263