Section 2(42A) of the Income Tax Act

The decision most relied on for Section 2(42A) is CIT v. Manjula J. Shah (355 ITR 474), cited in 113 of the 193 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(42A)

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

M.M. Aqua Technologies Ltd. v. Commissioner of Income Tax, Delhi
2021 SCC OnLine SC 575 · 2021 · Reported
102
citing judgments

A tax provision is retrospective only if legislative intent is explicit or if it is purely clarificatory and does not alter existing law. Provisions framed 'for the removal of doubts' are not presumed to be retrospective if they change the law as it stood.

Joint Commissioner. 10. In Shin Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd.
7 SCC 234 · 2005 · Reported
75
citing judgments

A statute prescribing a procedure using negative language (e.g., 'in no other manner') imposes absolute requirements, and failure to comply will invalidate the entire proceeding.

Madhav Rao Jivaji Rao Scindia Bahadur v. Union of India
3 SCR 9 · 1971 · Reported
43
citing judgments

A word, clause, or sentence from a court judgment, when taken out of context, does not represent a complete exposition of the law on a question that the judgment did not explicitly address.

Tata Iron and Steel Co. Ltd. & Ors. v. State of Bihar
48 ITR 123 · 1963 · Supreme Court
43
citing judgments

An integrated business engaged in captive consumption derives profits or value from its internal activities, even when intermediate products are not sold externally. The principle that a person cannot make profits out of himself does not apply to deny profits from such internal operations for tax or cess purposes.

CIT v. Sulzer India Ltd.
369 ITR 717 · 2014 · High Court
38
citing judgments

Where an assessee discharges a future liability at its present value, it does not result in a "benefit" accruing to the assessee, and therefore, Section 41(1) of the Income Tax Act, 1961, is not applicable.

CIT v. Shri Goverdhan Ltd.
69 ITR 675 · 1968 · Supreme Court
37
citing judgments

Income accrues to an assessee when they acquire a right to receive it, even if it has not yet been actually received or quantified. A debt is created once liability is established, and its future quantification does not make it contingent.

Avada Trading Company (P) Ltd. v. ACIT
100 ITD 131 · 2006 · ITAT
30
citing judgments

Interest received under section 244A is taxable in the year of receipt, even if the proceedings under section 143(1)(a) are subject to finality later, and any reduction in interest due to subsequent assessment proceedings under section 143(3) does not leave the assessee without remedy.

Smt. Raj Rani Devi Ramna v. CIT
201 ITR 1032 · 1993 · High Court
21
citing judgments

The transfer of property does not necessarily occur upon registration; the true test is the intention of the parties and whether there are any conditions precedent like payment of consideration or delivery of the deed.

CIT v. Balkrishna Industries Ltd.
88 Taxmann.com 273 · 2017 · Supreme Court
21
citing judgments

When an assessee discharges the present value of a future obligation, it does not constitute a 'benefit' accruing to the assessee, thus Section 41(1) of the Income Tax Act is not applicable.

Judgments on Section 2(42A)

Shri Ramprasad Gurunathan, Chennai vs. ITO, International Taxation, Ward - I (1), Chennai

In the result, the appeal filed by the Assessee is allowed for statistical purposes

ITA 1342/CHNY/2019[2015-16]Status: DisposedITAT Chennai24 Oct 2019AY 2015-16

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.1342/Chny/2019 िनधा"रण वष"/Assessment Year: 2015-16 Shri Ramprasad Gurunathan, The Income Tax Officer 15, Old No. 8A, Vs. [International Taxation], Vidyodaya Main Road, T. Nagar, Ward 1(1), Bsnl Building, Chennai 600 017. 16, Greams Road, [Pan: Ahopg4986A] Chennai 600 006. (अपीलाथ" /Appellant) (""थ"/Respondent) Shri V. Nagaprasad अपीलाथ" की ओर से / Appellant By : ""थ" की ओर से/Respondent By : Shri Sailendra Mamidi, Pcit सुनवाई की तारीख/ Date Of Hearing : 21.08.2019 घोषणा की तारीख /Date Of Pronouncement : 24.10.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-16, Chennai Dated 26.02.2019 Relevant To The Assessment Year 2015-16. The Grounds Raised In The Appeal Of The Assessee Are That The Ld. Cit(A) Has Erred In Confirming The Short Term Capital Gains On Sale Of Long Term Capital Asset Instead Of Computing Long Term Capital Gains As Well As Rejecting Cost Of Improvement On The Property.

For Respondent: Shri Sailendra Mamidi, PCIT