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

M/S. Silicon India Pvt.Ltd., Chennai vs. DCIT, Chennai

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

ITA 597/CHNY/2019[2004-05]Status: DisposedITAT Chennai26 Feb 2020AY 2004-05

Bench: Shri Ramit Kochar & Shri Duvvuru Rl Reddyआयकर अपील सं./Ita No.597/Chny/2019 िनधा"रण वष" /Assessment Year: 2004-05 M/S. Silicon India Private Limited, Vs. Deputy Commissioner Of Income Tax, Jhaver Centre, No.72, Marshalls Corporate Circle – 6(2), Road, Egmore, Chennai – 600 008. 121, Mahatma Gandhi Road, Nungambakkam, [Pan: Aaecs1513K] Chennai – 600 034. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr. G. Baskar, Advocate ""थ" की ओर से /Respondent By : Mr. A. Sundararajan, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 06.02.2020 घोषणा की तारीख /Date Of Pronouncement : 26.02.2020 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 30.10.2018 Relevant To The Assessment Year 2004-05. The Assessee Has Raised The Following Grounds: 1.1 The Order Of Commissioner Of Income-Tax (Appeals) Is Erroneous, Arbitrary & Is Liable To Be Quashed. 1.2 The Cit(Appeals) Also Went Wrong In Passing The Impugned Order In A Casual Manner Without Applying His Mind Neither To The Facts Of The Case Nor To The Submissions Made Before Him. 2.1 The Cit(Appeals) Having Noticed That The Assessing Officer Proceeded To Merely Accept The Returned Income Ignoring The Relief Granted By The Cit(Appeals) In His Order Dated 19.12.2011 & By The Hon’Ble Tribunal In Its Order Dated 04.04.2013, Went Wrong In Proceeding To Confirm The Order Impugned Before Him.

For Appellant: Mr. G. Baskar, AdvocateFor Respondent: Mr. A. Sundararajan, Addl. CIT
Section 143(3)Section 234BSection 234CSection 244A