Section 2(42C) of the Income Tax Act

The decision most relied on for Section 2(42C) is Asianet Communications v. CIT (96 Taxmann.com 399), cited in 34 of the 57 judgments on BharatTax that turn on this section.

Leading authorities on Section 2(42C)

Asianet Communications v. CIT
96 Taxmann.com 399 · 2018 · High Court
34
citing judgments

A non-compete fee paid as part of an agreement to prevent competition or induce employees to stay is to be treated as a revenue expenditure.

Ranbaxy Laboratories Ltd. v. ACIT
124 TTJ 771 · 2009 · ITAT
33
citing judgments

Benefit or income foregone, such as a lesser amount of share premium received on share issuance, cannot be considered an expenditure under Section 37 of the Income Tax Act as it does not represent an actual loss or incurred liability.

TUV India (P.) Ltd. v. DCIT
110 Taxmann.com 175 · 2019 · ITAT
19
citing judgments

Addition should not be made when tax authorities fail to conduct inquiries with TDS deductors regarding discrepancies between Form 26AS and books of account, despite having the information and opportunity. Disallowance of expenses is arbitrary and against the rule of law if made without rejecting books of account or identifying specific discrepancies.

Everest Kanto Cylinders Ltd. v. DCIT
34 Taxmann.com 9 · 2013 · High Court
19
citing judgments

Depreciation is allowable on goodwill, even if it's considered an intangible asset representing future profits, following the Supreme Court's decision in CIT v. SMIFS Securities Ltd.

CIT v. Areva T & D India Ltd.
129 Taxmann.com 55 · 2021 · High Court
13
citing judgments

Expenditure incurred for acquiring a non-compete right is capital in nature and eligible for depreciation under section 32(1)(ii) of the Income Tax Act as it constitutes an intangible asset.

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.

M/s. EDAC Engineering Limited v. DCIT
141 ITD 231 · ITAT
9
citing judgments
Shinhan Bank v. DDIT
139 Taxmann.com 563 · 2022 · ITAT
9
citing judgments
Inspecting Assistant Commissioner v. Goodricke Group Ltd.
12 ITD 1 · 1985 · ITAT
7
citing judgments
Areva T & D India Ltd. v. Dy. CIT
208 Taxmann 252 · 2012 · Reported
6
citing judgments

Judgments on Section 2(42C)

The Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Devi Sea Foods Limited, Visakhapatnam

In the result, appeal of the revenue as well as the cross objections of the assessee are dismissed

ITA 497/VIZ/2019[2013-14]Status: DisposedITAT Visakhapatnam18 Jun 2020AY 2013-14

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.497/Viz/2019 (निर्धारण वर्ा/Assessment Year:2013-14) Asst.Commissioner Of Income Tax Vs M/S Devi Sea Foods Limited Circle-3(1) D.No.50-1-51/1 Visakhapatnam Asr Nagar, Seethammadhara Visakhapatnam [Pan : Aabcd0248B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.130/Viz/2019 Arising Out Of I.T.A.No.497/Viz/2019 (निर्धारण वर्ा/Assessment Year:2013-14) M/S Devi Sea Foods Limited Vs Asst.Commissioner Of D.No.50-1-51/1 Income Tax Asr Nagar Circle-3(1) Seethammadhara Visakhapatnam Visakhapatnam [Pan : Aabcd0248B] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) रधजस्व कीओर से /Revenue By : Shri S.Ravi Shankar Narayan, Cit, Dr निर्धाऩरती की ओर से / Assessee By : Shri G.V.N.Hari, Ar सुिवधई की तधरीख / Date Of Hearing : 08.06.2020 घोर्णध की तधरीख/Date Of Pronouncement : 19.06.2020

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri S.Ravi Shankar Narayan
Section 180Section 2Section 50Section 50B

Trimbak Hatcheries Pvt. Ltd., Nashik vs. Assistatn Commissioner of Income-Tax, Nashik

In the result, the appeal of the assessee is dismissed

ITA 951/PUN/2017[2008-09]Status: DisposedITAT Pune04 Nov 2019AY 2008-09

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.951/Pun/2017 िनधा"रण वष" / Assessment Year : 2008-09 Trimbak Hatcheries Pvt. Ltd., Flat No.4 & 5, Anandkunj Apartment, Old Gangapur Naka, Gangapur Road, Nashik – 422005. .......अपीलाथ" / Appellant Pan : Aabct0456H बनाम / V/S. Acit, Circle-1, ……""यथ" / Respondent Nashik. Assessee By : Shri Kishor Phadke Revenue By : Shri Pankaj Garg सुनवाई क" तारीख / Date Of Hearing : 05.11.2019 घोषणा क" तारीख / Date Of Pronouncement : 06.11.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-1, Nashik Dated 13.02.2017 For The Assessment Year 2008-09. 2. The Grounds Raised By The Assessee Are As Under :- “1. The Learned Cit(A)-1, Nasik & The Learned Ao Erred In Law & On Facts In Not Allowing Set-Off Of Brought Forward Business Loss Amounting To Rs. 1,98,42,328/- Against The Short Term Capital Gain Arising From Sale Of Building & Other Depreciable Assets, Which Were Used For Carrying Out Business Activities. 2. The Learned Cit(A)-1, Nasik & The Learned Ao Erred In Law & On Facts In Not Allowing Set-Off Of Brought Forward Business Loss Against The Long Term Capital Gain Arising From Sale Of Land, Which Was Distressed Sale. 3. The Appellant Craves Leave To Add / Modify / Alter / Delete All Or Any Of The Grounds Of Appeal.”

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Pankaj Garg
Section 2Section 50B