Section 254 of the Income Tax Act

Income-tax Act, 2025: s.363

Section 254 of the Income-tax Act, 1961 corresponds to section 363 (Orders of Appellate Tribunal) of the Income-tax Act, 2025.

Read section 363 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 254 is Asia Satellite Telecommunications Co. Ltd. v. DIT (332 ITR 340), cited in 359 of the 1,576 judgments on BharatTax that turn on this section.

Leading authorities on Section 254

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

CIT v. Jai Parabolic Springs Ltd.
306 ITR 42 · 2008 · High Court
349
citing judgments

An assessee can make an additional claim for deduction or file a revised computation of income during assessment proceedings, even if a revised return of income has not been filed. Such additional claims or grounds can also be admitted at the appellate stage.

CIT v. Tasgaon Taluka S.S.K. Ltd.
103 Taxmann.com 57 · 2019 · Supreme Court
306
citing judgments

The Supreme Court holds that the issue of payment of excessive price on purchase of sugarcane by assesses is no longer res integra. The court elaborately dealt with this issue.

CIT v. Krishna Sahakari Sakhar Karkhana Limited
27 Taxmann.com 162 · 2012 · Supreme Court
263
citing judgments

The Supreme Court restores the matter for ascertaining whether the difference between the fair market price and concessional price of sugar supplied by a cooperative sugar factory to its members should be added to its total income, considering relevant factors like state cooperative society directions.

Bangalore Club v. CIT
350 ITR 509 · 2013 · Supreme Court
247
citing judgments

The Supreme Court affirmed the doctrine of mutuality, holding that contributions received from and returned to members for a common purpose do not constitute taxable profits. However, income from transactions with non-members or interest earned from investments in external entities (like cooperative banks) may break the mutuality chain and be taxable under Section 56, falling outside the scope of Section 80P deductions.

CIT v. Madras Auto Service (P) Ltd.
233 ITR 468 · 1998 · Supreme Court
246
citing judgments

Expenditure providing an enduring advantage, such as upfront lease rent for land, is revenue expenditure if no capital asset is acquired or generated, allowing for deduction under Section 37, even when capitalized in the books of account.

Assam Bengal Cement Co. Ltd. v. CIT
27 ITR 34 · 1955 · Supreme Court
174
citing judgments

The Supreme Court established the foundational test for distinguishing between capital and revenue expenditure, holding that the aim and object of the expenditure and whether it brings into existence an asset or an advantage of an enduring nature determines its character, irrespective of the payment method. An advantage lasting five years or more can be considered enduring.

CIT v. Associated Cement Companies Ltd.
172 ITR 257 · 1988 · Supreme Court
126
citing judgments

An expenditure is classified as either capital or revenue; the 'enduring benefit' test is a key criterion for this distinction, and income tax law does not generally recognize deferred revenue expenditure unless specifically provided.

CIT v. Visakhapatnam Port Trust
144 ITR 146 · 1983 · High Court
124
citing judgments

Sections 4 and 5 of the Income Tax Act, which define total income and chargeability, are subject to Section 90, meaning that Double Taxation Avoidance Agreements (DTAAs) override the Act's provisions in case of a conflict.

Sugar Factory & Oils Mills (P) Ltd. v. CIT
125 ITR 293 · 1980 · Supreme Court
110
citing judgments

Expenditure incurred for improving business operations or facilitating business conduct, even if the advantage endures indefinitely, is generally on revenue account if it leaves the fixed capital untouched.

Judgments on Section 254

Yash Organics Ltd., Ahmedabad vs. The Dy.CIT, Circle-8, Ahmedabad

In the result, both the appeals filed by the Revenue and as well as by the assessee are dismissed

ITSSA 164/AHD/2014[Block Period 02.08.1996 to 11.02.2000]Status: DisposedITAT Ahmedabad20 Sept 2024

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील (एसएस) सं./I.T (Ss).A. Nos. 264/Ahd/2014 & 164/Ahd/2014 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : Block Period: 02/08/1996 To िनधा"रण वष" िनधा"रण वष" 11/02/2000) Dy. Commissioner Of Yash Organics Ltd. बनाम बनाम/ बनाम बनाम Income Tax A-27, Shriram Nagar Vs. Circle-8, Ahmedabad Society, Vejalpur, Ahmedabad, Gujarat 389340 & Yash Organics Ltd. Deputy Commissioner Of 903,Sapphire Complex, C. Income Tax G. Road, Navrangpura, Circle-8, Ahmedabad Ahmedabad - 380009 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacy0532A (Appellant) .. (Respondent) Revenue By : Shri Sudhendu Das, Cit. Dr Shri Ketan Shah & Shri Aman Shah, Assessee By : A.Rs. Date Of Hearing 28/08/2024 20/09/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: These Cross Appeals Are Filed By The Revenue & The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-Xiv, Ahmedabad, (In Short ‘The Cit(A)’), Dated

For Appellant: A.RsFor Respondent: Shri Sudhendu Das, CIT. DR
Section 132ASection 143(3)Section 158B

Shivalik Constructions P. Ltd., Dehradun vs. ITO Ward - 23(2), New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7801/DEL/2019[2009-10]Status: DisposedITAT Delhi12 Sept 2024AY 2009-10

Bench: Shri Vikas Awasthyआअसं.7801/िद"ी/2019 (िन.व. 2009-10) M/S. Shivalik Constructions Pvt. Ltd., D-245, Nehru Colony, Haridwar Road, Dehradun, Uttrakhand-248001 ...... अपीलाथ"/Appellant Pan: Aajcs-3277-M बनाम Vs. Income Tax Officer, Ward-23(2), C.R Building_Ito, ..... "ितवादी/Respondent I.P Estate, New Delhi 110002 अपीलाथ" "ारा/ Appellant By : Shri Ankit Gupta, Advocate "ितवादी"ारा/Respondent By : Ms. Shivani Bansal, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 12/09/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 12/09/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of The Commissioner Of Income Tax (Appeals)-8, New Delhi (Hereinafter Referred As To 'The Cit(A)') Dated 23/07/2019, For Assessment Year 2009-10. 2. Shri Ankit Gupta, Appearing On Behalf Of The Assessee Submits, That This Is Second Round Of Litigation For Ay 2009-10 Before The Tribunal. In The First Round, The Tribunal In Ita No. 1026/Del/2013 Allowed Appeal Of The Assessee For Statistical

For Appellant: Shri Ankit Gupta, AdvocateFor Respondent: Ms. Shivani Bansal, Sr. DR
Section 254Section 40

Sri. S M Venkatesha Legal Heir of Late Smt. Nibgoor Hanumanthappa Ushanandini, Davangere vs. Assistant Commissioner of Income Tax, Circle-2(1), Davangere

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1365/BANG/2024[2016-17]Status: DisposedITAT Bangalore27 Aug 2024AY 2016-17

Bench: Shri Prakash Chand Yadav & Shri Waseem Ahmedlate Smt. Nibgoor The Assistant Commissioner Hanumanthappa Ushanandini, L/R Of Income Tax, Circle-2(1), By Sri Sm Venkatesha, Shop No.2, Davangere Mk No. 342, Vinayaka Wine Vs. Stores, Mahantheshwara Road, Honnali Taluk, Davangere-577223 Pan – Aarpu4962E (Appellant) (Respondent) Assessee By: Ms. Sunaiana Bhatia, Ca Revenue By: Sri. Ganesh R. Ghale, Standing Counsel Date Of Hearing: 22.08.2024 Date Of Pronouncement: 27.08.2024 O R D E R Per: Prakash Chand Yadav, J.M. Present Appeal Of The Assessee Is Arising From The Order Of Ld. Cit(A) Dated 20.06.2023 Having Din & Order No. Itba/Nfac/S/250/2023- 24/1053822082(1) & Relates To Assessment Year (Ay) 2016-17. 2. There Is A Delay Of 335 Days In Filing Appeal Before The Income Tax Appellate Tribunal. Explaining The Reasons For Delay, The Counsel For The Assessee Has Drawn The Attention Of Bench Towards The Affidavit Filed By Her Legal Heir Placed In Paper Book At Page No. 1 To 4. At The Outset, Counsel For The Assessee Submitted That The Assessee Expired On 29Th November, 2019 & Thereafter, The Legal Heir Of The Assessee Was Not Checking The Email-Id

For Appellant: Ms. Sunaiana Bhatia, CAFor Respondent: Sri. Ganesh R. Ghale, Standing Counsel