Section 260A of the Income Tax Act

Income-tax Act, 2025: s.365

Section 260A of the Income-tax Act, 1961 corresponds to section 365 (Appeal to High Court) of the Income-tax Act, 2025.

Read section 365 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 260A is PCIT v. ABC Papers Ltd. (447 ITR 1), cited in 181 of the 5,384 judgments on BharatTax that turn on this section.

Leading authorities on Section 260A

PCIT v. ABC Papers Ltd.
447 ITR 1 · 2022 · Supreme Court
181
citing judgments

Appeals before the Income Tax Appellate Tribunal (ITAT) must be filed before the bench with territorial jurisdiction over the Assessing Officer's location or the assessee's principal place of business.

Padmasundara Rao v. State of Tamil Nadu
255 ITR 147 · 2002 · Supreme Court
123
citing judgments

The language employed in a statute is the determinative factor of legislative intent. When the words of a statute are plain and unambiguous, they must be given effect as they are, and the consequences of such interpretation cannot alter the clear meaning.

CIT v. Salora International Ltd.
308 ITR 199 · 2009 · High Court
103
citing judgments

Advertisement and brand promotion expenses are revenue in nature; merely improving brand recognition or deriving an enduring benefit does not automatically convert them into capital expenditure.

Southern Switchgear Ltd. v. CIT
232 ITR 359 · 1998 · Supreme Court
99
citing judgments

Expenditure on technical aid fees for factory setup and rights to sell products under a collaboration agreement is capital in nature, not revenue, as it provides an enduring benefit.

Barendra Prasad Ray v. ITO
129 ITR 295 · 1981 · Supreme Court
80
citing judgments

When determining if an activity serves charitable purposes for tax exemption, the primary consideration is whether its predominant object is to make a profit or to carry out charitable activities.

CIT v. Citi Financial Consumer Finance Ltd.
335 ITR 29 · 2011 · High Court
78
citing judgments

Customer acquisition costs and advertisement expenditures are treated as revenue expenditures, not deferred expenditures, as there is no general concept of deferred expenditure for such items under Income Tax Law.

Champion Engineering Works Ltd. v. CIT (1971) 81 ITR 273 (Bom), CIT v. Bowrisankara Stemp Ferry Co.
165 ITR 63 · 1987 · High Court
66
citing judgments

The case is cited for the principle that when a payment is made for a non-compete agreement which is part of a larger business transfer, the characterisation of the payment depends on whether it is for the enduring benefit of the business or for the loss of potential profits.

Income Tax, (1989) 111 ITR 377 (SC) and Jonas Woodhead and Sons (India) Limited v. CIT
224 ITR 342 · 1997 · Supreme Court
60
citing judgments

Expenditure incurred for the expansion, extension, or betterment of an existing business, or for improvisation that is part of the existing business, is allowable as revenue expenditure. Payments made for acquiring technical know-how and exclusive rights for setting up a new business can be capital expenditure.

Trib.) (iii) Haridwar Development Authority v. CIT
38 Taxmann.com 246 · 2013 · High Court
51
citing judgments
CIT v. Ajaib Singh & Co.
253 ITR 630 · 2002 · High Court
49
citing judgments

The mere disallowance of an expenditure claimed by the assessee does not automatically mean that inaccurate particulars of income were furnished, and penalty under section 271(1)(c) cannot be imposed solely on this ground. There must be an independent finding of concealment or furnishing of inaccurate particulars, typically a conscious act.

Judgments on Section 260A

DCIT, CC-Xxiii, Kolkata vs. Narula Educational Trust, Kolkata

In the result, the appeal filed by the Revenue, is dismissed

ITA 1655/KOL/2014[2010-2011]Status: DisposedITAT Kolkata26 Apr 2017AY 2010-2011

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1655/Kol/2014 ("नधा"रण वष" / Assessment Year :2010-11) Dcit. Central Circle-Xxiii, Vs. Narula Educational Trust Aayakar Bhavan Poorva, 20,B.T.Road, 110,Santi Pally, 5Th Floor Kolkata-700002 Kolkata-700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatn4519P .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri G Mallikaarjuna, Cit-Dr राज"व क" ओर से /Revenue By : Shri Anil Kochar सुनवाई क" तार"ख / Date Of Hearing : 05/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Is Directed Against An Order Passed By The Ld. Commissioner Of Income Tax (Appeals) Central-Iii Kolkata, In Appeal No.33/Cc-Xxiii/Cit(A)/C-Iii/2013-14/Kolkata, Dated 30.06.2014, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act,1961 ( Hereinafter Referred To As The ‘Act’), Dated 25.03.2013. 2. Brief Facts Qua The Assessee Are That The Assessee Trust Filed Its Return Of Income On Dated 31.09.2010 Disclosing Total Income At Rs.Nil. The Return Of Income Of The Assessee Trust Was Processed Under Section 143(1) Of The Act On Dated 15.09.2011. Subsequently, The Assessee`S Case Was Selected For Scrutiny Under Section 143 (2) Of The Act & The Assessing Officer Had Assessed The Assessee Trust In The Status Of Aop & Benefit Of Exemption U/S 11 Is Denied. The Assessing Officer

For Appellant: Shri G Mallikaarjuna, CIT-DRFor Respondent: Shri Anil Kochar
Section 11Section 12ASection 143Section 143(1)Section 143(3)Section 260A