41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera v. Deputy Commissioner of Income-Tax

138 ITD 443Income Tax Appellate Tribunal2012#8189 most cited

What is 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera v. Deputy Commissioner of Income-Tax authority for?

The entire amount collected by an assessee cannot be treated as income; only the estimated income can be adopted if the assessee does not perform all the agreed obligations.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2024.

Also referred to as

Dr. Aman Khera v. Deputy Commissioner of Income-Tax · 138 ITD 443 · ITAT · Chennai Trib. · 41 ITR(T) 282 · estimated income · unearned income · income element · receipts

Issues it is cited on

section 271aabstatement under section 132(4)retracted statementdumb documentssection 271aasection 271asection 40a(3)on-moneytnmmsection 40arevenue expenditureconcealment of income

Judgments citing 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera v. Deputy Commissioner of Income-Tax

Dy. Commissioner of Income Tax, Central Circle-2(3), Hyderabad vs. Varsha Viswanath Properties Private Limited, Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2050/HYD/2018[2016-17]Status: DisposedITAT Hyderabad09 Jan 2024AY 2016-17

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Dy. Commissioner of Income Tax, Central Circle-2(3), Hyderabad vs. Varsha Viswanath Properties Private Limited, Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2049/HYD/2018[2015-16]Status: DisposedITAT Hyderabad09 Jan 2024AY 2015-16

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Dy. Commissioner of Income Tax, Central Circle-2(3), Hyderabad vs. Varsha Viswanath Properties Private Limited, Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2048/HYD/2018[2014-15]Status: DisposedITAT Hyderabad09 Jan 2024AY 2014-15

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Dy. Commissioner of Income Tax, Central Circle-2(3), Hyderabad vs. Varsha Viswanath Properties Private Limited, Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2047/HYD/2018[2013-14]Status: DisposedITAT Hyderabad09 Jan 2024AY 2013-14

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Dy. Commissioner of Income Tax, Central Circle-2(3), Hyderabad vs. Varsha Viswanath Properties Private Limited, Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 2046/HYD/2018[2012-13]Status: DisposedITAT Hyderabad09 Jan 2024AY 2012-13

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Varsha Viswanath Properties Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1910/HYD/2018[2016-17]Status: DisposedITAT Hyderabad09 Jan 2024AY 2016-17

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Varsha Viswanath Properties Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1909/HYD/2018[2015-16]Status: DisposedITAT Hyderabad09 Jan 2024AY 2015-16

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Varsha Viswanath Properties Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1908/HYD/2018[2014-15]Status: DisposedITAT Hyderabad09 Jan 2024AY 2014-15

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Varsha Viswanath Properties Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1907/HYD/2018[2013-14]Status: DisposedITAT Hyderabad09 Jan 2024AY 2013-14

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Varsha Viswanath Properties Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-2(3), Hyderabad

In the result, all the appeals filed by the assessee as well as the Revenue are treated as allowed for statistical purposes

ITA 1906/HYD/2018[2012-13]Status: DisposedITAT Hyderabad09 Jan 2024AY 2012-13

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Ms. TH. Vijaya Lakshmi, CIT-DR
Section 132Section 133ASection 153A

…n for which the amount was collected. Basing on the decisions reported in CIT Vs Dinesh Kumar Goel reported in 331 ITR 10 (Delhi), R.S.Suriya Vs ACIT reported in 41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera Vs Deputy Commissioner of Income-Tax reported in 138 ITD 443 (Delhi), he submitted that since the assessee did not perform all the obligations as agreed to, the entire Page 25 of 46 M/s. Varsha Viswanath Properties Private Limited batch amount cannot be treated as income, but only estimated income can be adopted. 27. While placing reliance on the decisions reported in the cases of Sri Narendar Reddy mad…

Deputy Commissioner of Income Tax, Central Circle-2(4), Bangalore vs. Century Real Estate Holdings Private Limited, Bangalore

In the result, the appeal of the assessee is partly allowed

ITA 740/BANG/2022[2013-14]Status: DisposedITAT Bangalore30 Nov 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar, D.R

…ire receipt in the year of receipt can lead to a distorted picture. We further find that the other case laws relied by the ld. counsel of the assessee also support the assessee’s case. 6.21 In the case of Dr. Aman Khera Vs. Deputy Commissioner of Income-tax (138 ITD 443) (Del.), the coordinate bench of Delhi Tribunal has held as under: ITA No.580 & 740/Bang/2022 M/s. Century Real Estate Holdings Pvt. Ltd., Bangalore Page 18 of 29 “Admittedly, the assessee has not served for the period of five years. The assessee has not rendered enough services to warrant emoluments of Rs.1,21,83,494/-. It is assessee’s submis…

Century Real Estate Holdings Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-2(2), Bangalore

In the result, the appeal of the assessee is partly allowed

ITA 580/BANG/2022[2013-14]Status: DisposedITAT Bangalore30 Nov 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar, D.R

…ire receipt in the year of receipt can lead to a distorted picture. We further find that the other case laws relied by the ld. counsel of the assessee also support the assessee’s case. 6.21 In the case of Dr. Aman Khera Vs. Deputy Commissioner of Income-tax (138 ITD 443) (Del.), the coordinate bench of Delhi Tribunal has held as under: ITA No.580 & 740/Bang/2022 M/s. Century Real Estate Holdings Pvt. Ltd., Bangalore Page 18 of 29 “Admittedly, the assessee has not served for the period of five years. The assessee has not rendered enough services to warrant emoluments of Rs.1,21,83,494/-. It is assessee’s submis…

Religare Technova Global Solutions Ltd, New Delhi vs. ACIT Cir 2(1), Mumbai

In the result, the appeal is partly allowed

ITA 245/MUM/2012[2007-08]Status: DisposedITAT Mumbai09 Dec 2016AY 2007-08

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am

For Appellant: Shri Dhanesh Bafna & Shri RaviFor Respondent: Shri Prakash R. Mane,DR
Section 143(3)Section 14A

…& 2009-10. It is also stated that it has been accepted by the Department in the above assessment years. Reliance was placed by him on the decision in the case of Xerox India Ltd. vs. DCIT (2015) 55 taxmann.com 29 (Delhi-Trib.); Dr. Aman Khera vs. DCIT (2012)138 ITD 443; ACIT vs. Mahindra Holidays and Resorts (India) Ltd. (2010) 39 SOT 438 (Chennai (SB); CIT vs. Dinesh Kumar Goyal (2011) 331 ITR 10 (Del); DCIT vs. TVS Electronics Ltd. (2012) 52 SOT 287 (Chennai); CIT vs. Bank of Rajasthan Ltd. (2010) 326 ITR 526 (Bom); CIT vs. West Coast Paper Mills Ltd. (1992) 193 ITR 349 (Bom). The ld. counsel thus submits th…

41 ITR(T) 282 (Chennai Trib.) and Dr. Aman Khera v. Deputy Commissioner of Income-Tax (138 ITD 443) — Cited in 13 Judgments | BharatTax