Anoop Engineering Ltd. v. CIT

247 ITR 457High Court2001#9580 most cited

What is Anoop Engineering Ltd. v. CIT authority for?

For income to be considered accrued, the assessee must have a vested right to receive it, meaning it cannot be taxed until a dispute is settled.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2017 to 2024.

Also referred to as

Anoop Engineering Ltd. v. CIT · 247 ITR 457 · income accrual · vested right to receive income · mercantile system of accounting · real income · dispute settlement

Sections most often in play

Section 10(34)Section 115JBSection 139(1)Section 143(3)Section 14ASection 1962Section 240Section 264

Judgments citing Anoop Engineering Ltd. v. CIT

Modi Rubber Ltd., New Delhi vs. ACIT, Circle- 17(1), New Delhi

In the result, Ground no.2 is partly allowed

ITA 6866/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Feb 2024AY 2012-13

Bench: Shri Saktijit Dey- & Shri Pradip Kumar Kedia-

For Appellant: Shri Rohit Jain, AdvFor Respondent: Ms. Smita Singh, Sr.DR
Section 10(34)Section 139(1)Section 143(3)Section 14A

…in the case of PPN Power Generating Co (P) Ltd vs. CIT 275 Taxman 143 in support of the alternative submission that in the subsequent year the amount had been offered for taxation… • The Gujarat High Court decision in the case of Anup Engineering Ltd vs. CIT 247 ITR 457. • Cases of CIT vs. Ignifluid Boilers (l) Ltd 283 ITR 295 (Mad), CIT vs. Associated Cables (P) Ltd 286 ITR 596 (Bom), DIT(IT) vs. Ballast Nedam International 215 Taxman 254 (Guj), and Amarshiv Construction (P) Ltd vs. Dy. CIT 367 ITR 659 (Guj), in the context of treatment of retention money withheld by the contractee. 15.10 On behalf of the Reve…

DCIT, CC-1(3), Kolkata vs. M/S. Emc Limited, Kolkata

In the result, both the appeal of revenue is dismissed

ITA 2149/KOL/2017[2014-15]Status: DisposedITAT Kolkata27 May 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 115JSection 143(2)Section 14A

…of retention money from this angle and make adjustments regarding the same, if necessary. 12 I.T.A. No. 498/Kol/2018 & 2149/Kol/2017 M/s. EMC. Ltd., Assessment Year: 2014-15 b) Similar view is taken by the Hon'ble Gujrat High Court in Anup engineering Ltd. (247 ITR 457), holding as under: "Looking to the facts of the present case and in the light of the law laid down by the Supreme Court in the cases referred to hereinabove, it was very clear that unless and until a debt is created in favour of the assessee, which is due by somebody, it cannot be said that the assessee has acquired a right to receive the income…

DCIT, New Delhi vs. M/S Ircon International Ltd., New Delhi

In the result, all the three appeals of the assessee for A

ITA 3805/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…he appellant and can be taxed only when the dispute is settled. (vi) In the case of State Bank of Travancore Vs. CIT, 158 ITR 102, the principle of real income has been laid. (vii) Reliance has also been placed on the case of Anoop Engineering Ltd. Vs. CIT, 247 ITR 457 where it has been held that for the purpose of ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 69 2234/Del/2005 & 3805/Del/2008 ascertaining whether income had accrued to the assessee one has to find out whether the assessee had a vested right to receive the income. (viii) Reliance has been placed on the decision of CIT Vs. Mo…

Ircon International Ltd., New Delhi vs. DCIT, Circle-11(1), Delhi

In the result, all the three appeals of the assessee for A

ITA 705/DEL/2006[2002-2003]Status: DisposedITAT Delhi31 Oct 2019AY 2002-2003

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…he appellant and can be taxed only when the dispute is settled. (vi) In the case of State Bank of Travancore Vs. CIT, 158 ITR 102, the principle of real income has been laid. (vii) Reliance has also been placed on the case of Anoop Engineering Ltd. Vs. CIT, 247 ITR 457 where it has been held that for the purpose of ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 69 2234/Del/2005 & 3805/Del/2008 ascertaining whether income had accrued to the assessee one has to find out whether the assessee had a vested right to receive the income. (viii) Reliance has been placed on the decision of CIT Vs. Mo…

DCIT, Circle-11(1) vs. Ircon International Ltd

In the result, all the three appeals of the assessee for A

ITA 2234/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…he appellant and can be taxed only when the dispute is settled. (vi) In the case of State Bank of Travancore Vs. CIT, 158 ITR 102, the principle of real income has been laid. (vii) Reliance has also been placed on the case of Anoop Engineering Ltd. Vs. CIT, 247 ITR 457 where it has been held that for the purpose of ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 69 2234/Del/2005 & 3805/Del/2008 ascertaining whether income had accrued to the assessee one has to find out whether the assessee had a vested right to receive the income. (viii) Reliance has been placed on the decision of CIT Vs. Mo…

Ircon International Limited, New Delhi vs. ACIT, New Delhi

In the result, all the three appeals of the assessee for A

ITA 3804/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…he appellant and can be taxed only when the dispute is settled. (vi) In the case of State Bank of Travancore Vs. CIT, 158 ITR 102, the principle of real income has been laid. (vii) Reliance has also been placed on the case of Anoop Engineering Ltd. Vs. CIT, 247 ITR 457 where it has been held that for the purpose of ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 69 2234/Del/2005 & 3805/Del/2008 ascertaining whether income had accrued to the assessee one has to find out whether the assessee had a vested right to receive the income. (viii) Reliance has been placed on the decision of CIT Vs. Mo…

Ircon International Ltd vs. Addl. CIT, Range-11

In the result, all the three appeals of the assessee for A

ITA 1825/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…he appellant and can be taxed only when the dispute is settled. (vi) In the case of State Bank of Travancore Vs. CIT, 158 ITR 102, the principle of real income has been laid. (vii) Reliance has also been placed on the case of Anoop Engineering Ltd. Vs. CIT, 247 ITR 457 where it has been held that for the purpose of ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 69 2234/Del/2005 & 3805/Del/2008 ascertaining whether income had accrued to the assessee one has to find out whether the assessee had a vested right to receive the income. (viii) Reliance has been placed on the decision of CIT Vs. Mo…

V.Sudarshana Rao, Rajahmundry vs. Income Tax Officer, Ward-4, Rajahmundry

In the result, both the appeals filed by the assessee are dismissed

ITA 60/VIZ/2018[2004-05]Status: DisposedITAT Visakhapatnam22 Mar 2019AY 2004-05

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri C. Subrahmanyam – FCAFor Respondent: Smt. Suman Malik – Sr.DR
Section 12ASection 143(1)Section 143(3)Section 148

…nts which were received and held by the assessee under an obligation to spend the same for charitable purpose from the inception, then these receipts,' cannot he regarded as forming any income of the assessee. Similarly in the case Anup Eng. Ltd Vs.CIT (2001) 247 ITR 457(GUJ): It was held that income accrues only when the assessee gets right to receive the same. 7. Since the amounts received by the assessee as a mediator none of the Provisions of Sec.2(24) of the Income Tax Act 1961 are applicable. 8. The assessee had transferred the funds to a charitable institution established and registered in India according…

ITO, WD-12(1), Kolkata vs. M/S White Cliff Properties (P) Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 1511/KOL/2015[2006-07]Status: DisposedITAT Kolkata10 Nov 2017AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi

Section 143(3)Section 251

…ng of that contingency would not make the receipt liable to be paid to persons other than, those are entitled to receive it on the date on which it is actually received or became receivable.” Similar are the judgments in the cases reported in 179 ITR 8 (Cal), 247 ITR 457 (Guj) and 105 ITR 627 (Ker). 21. The Hon’ble Supreme Court in the case of Sunil Siddhart Bhai vs. CIT 56 ITR 509, at page 522, held as follows: “The court proceeded on the basis that in working out capital gain or loss, the principles which had to be applied are those which are a part of commercial practice or which an ordinary man of business wo…

Ashtvinayaka Construction, Navi Mumbai vs. JCIT Cir 22(3), Mumbai

In the result, appeal of the assessee is partly allowed for statistical purposes and that of revenue stands dismissed

ITA 3883/MUM/2015[2011-12]Status: DisposedITAT Mumbai09 Oct 2017AY 2011-12

Bench: Shri D.T.Garasia, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Bhadresh DoshiFor Respondent: Shri T A Khan
Section 143(1)Section 143(2)Section 143(3)Section 40

…igh Court held that : “6. Having heard learned counsel for the Revenue and having perused the documents on record, we find that the issue under consideration is squarely covered by the decision of this Court in the case of Anup Engineering Ltd. v. CIT [2001] 247 ITR 457/114 Taxman 584 (Guj.). 7. In the said case the agreement that the assessee entered into for execution of a contract for supply and erection of plant specified that full amount would not be paid if the plant was defective. The assessee had debited the sum of Rs. 3 lakhs by crediting the same to the warranty account as some dispute had arisen with…

DCIT Cir 28(1), Navi Mumbai vs. Ashtavinayaka Construction, Navi Mumbai

In the result, appeal of the assessee is partly allowed for statistical purposes and that of revenue stands dismissed

ITA 3821/MUM/2015[2011-12]Status: DisposedITAT Mumbai09 Oct 2017AY 2011-12

Bench: Shri D.T.Garasia, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Bhadresh DoshiFor Respondent: Shri T A Khan
Section 143(1)Section 143(2)Section 143(3)Section 40

…igh Court held that : “6. Having heard learned counsel for the Revenue and having perused the documents on record, we find that the issue under consideration is squarely covered by the decision of this Court in the case of Anup Engineering Ltd. v. CIT [2001] 247 ITR 457/114 Taxman 584 (Guj.). 7. In the said case the agreement that the assessee entered into for execution of a contract for supply and erection of plant specified that full amount would not be paid if the plant was defective. The assessee had debited the sum of Rs. 3 lakhs by crediting the same to the warranty account as some dispute had arisen with…