114 ITR 237 and Additional Commissioner of Income Tax, Gujarat v. New Jehangir Vakil Mills Co. Ltd.

117 ITR 849High Court1979#18858 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2008 to 2024.

Judgments citing 114 ITR 237 and Additional Commissioner of Income Tax, Gujarat v. New Jehangir Vakil Mills Co. Ltd.

M/S AYUSH AJAY CONSTRUCTION PVT. LTD. ,INDORE vs. THE DCIT CENTRAL-(1), INDORE

The appeal is dismissed

ITA 174/IND/2023[2018-19]Status: DisposedITAT Indore12 Jan 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Ayushajay Construction Pr.Cit-1, Private Limited, Indore. बनाम/ 3/3, South Tukoganj, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Aacca 5523 B Assessee By Shri Prakash Jain & Ms. Shreya Jain, Cas Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 22.11.2023 Date Of Pronouncement 12.01.2024

Section 143(3)Section 263

…which are inchoate or contingent would not create a debt. . . ." (p. 247) Khan Bahadur Ahmed Alladin & Sons' case (supra) and Topandas Kundanmal's case (supra) were relied on by the Gujarat High Court in Addl. CIT v. New Jehangir Vakil Mills Co. Ltd. [1979] 117 ITR 849 for reaffirming that it was on the final determination of the amount of compensation that the right to such income in the nature of compensation would arise or accrue and till then there was no liability in praesenti in respect of the additional amount of compensation claimed by the owner of the land. Page 29 of 31 Ayushajay Construction Priva…

ADIT, NEW DELHI vs. MR. SUDHIR CHOUDHARY, NEW DELHI

In the result, the appeal of the revenue is allowed

ITA 2013/DEL/2013[2009-10]Status: DisposedITAT Delhi12 Feb 2019AY 2009-10

Bench: Shri Bhavnesh Saini & Shri O.P. Kantasstt. Year: 2009-10

For Appellant: Smt. Jyoti Narula, CAFor Respondent: Shri S.S. Rana, CIT(DR)

Section 143(2)Section 143(3)

…accrue to the assessee only when the Court accepted its claim. The Supreme Court also made a reference to two decisions of the Gujarat High Court, namely, Topandas Kundanmal v. CiT r 1978] 114 ITR 237 and Addl. ClT v. New Jehangir Vakil Mills Co. Ltd. [1979] 117 ITR 849 to conclude that on the final determination of the amount of compensation, the right to such income in the nature of compensation would arise or accrue and till then there was no liability in praesenti in respect of the additional amount of compensation claimed by the owner of the land.” 14. In the above case the assessee was permitted by the Hon…

ACIT CIR, 31 (1) ROOM NO. 217, NEW DELHI vs. RNGS CONSORTIUM, NEW DELHI

In the result ITA No. 153/Del/2009 is dismissed

ITA 2238/DEL/2008[2004-2005]Status: DisposedITAT Delhi20 Dec 2018AY 2004-2005

Bench: Shri Amit Shukla & Shri Prashant Maharishiasst Commissioner Of Income Vs. M/S. Rngs Consortium, Tax, 8, Aradhana Colony, Circle-31(1), Cr Building, Ip Sector-13, Rk Puram, New Estate, New Delhi Delhi (Appellant) (Respondent) Dcit, Vs. M/S. Expotec International Circle-11(1), Ltd, 8, Aradhana Colony, Rk New Delhi Puram, Sector-13, New Delhi (Appellant) (Respondent)

For Appellant: Shri Ajay vohra, Sr. AdvFor Respondent: Shri Surender Pal, Sr. DR

Section 144Section 145(3)Section 44A

…vents harassment. To hold otherwise wduld be contrary to the provisions of law." (emphasis supplied) 34. The appellant also refered to and relied upon the case of Topandas Kundanmal vs. CIT: 114 ITR 237 (Guj.). Addl. CIT vs. New Jehangir Vakil Mills Co. Ltd.. 117 ITR 849 (Guj.). K. V. Moosa Koya and Co. vs. ITO: 175 ITR 120 (Ker.), CIT vs. Mysore Sugar Company Limited: 183 ITR 113 (Kar.), CIT vs. Abdul Mannan Shah Mohammed: 248 ITR 614 (Bom.) and CIT vs. Bavla Gopalak Vividh Karyakari Sahakari Mandli Limited: 253 ITR 97 (Guj ) 35.. It was further pointed out by the appellant that in the assessment order at page-6…

COMMISSIONER OF INCOME TAX DEL vs. SARVATRA ROADRUNNERS P.LTD.

The appeal is dismissed

ITA/687/2007HC Delhi19 Feb 2008

Bench: The Madhya Pradesh High Court At Jabalpur. While Admitting The Appeal Filed By Secl, The Madhya Pradesh High Court Passed The Following Orders On 14Th October, 1996 & 13Th December, 1996. The Order Dated 14Th

Section 143(1)(a)Section 148

…e Court also made a reference to two decisions of the Gujarat High Court, namely, Topandas Kundanmal v. Commissioner of Income Tax, Gujarat, [1978] 114 ITR 237 and Additional Commissioner of Income Tax, Gujarat v. New Jehangir Vakil Mills Co. Ltd., [1979] 117 ITR 849 to conclude that on the final determination of the amount of compensation, the right to such income in the nature of compensation would arise or accrue and till then there was no liability in praesenti in ITA No.687/2007 Page 8 of 10 respect of the additional amount of compensation claimed by the owner of the land. 10. Learned cou…