Chandigarh (iii) Meeraj Estate & Developers v. DCIT

116 ITD 301Income Tax Appellate Tribunal2009#2497 most cited

What is Chandigarh (iii) Meeraj Estate & Developers v. DCIT authority for?

The amount collected in advance for a specific purpose is not considered income under sections 4 and 5 of the Income-tax Act, unless the assessee performs the function for which the amount was collected and the associated liability is discharged. Consequently, the entire amount with an attached liability cannot be taxed as income.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

K.K. Khullar v. Dy. CIT · Meeraj Estate & Developers v. DCIT · 116 ITD 301 · advance collection · income recognition · section 4 · section 5 · liability to be discharged · taxability of advance receipts · specific purpose collection · Delhi Tribunal

Issues it is cited on

Judgments citing Chandigarh (iii) Meeraj Estate & Developers v. DCIT

ACIT 28(2), MUMBAI vs. M/S. NEEL SIDDHI DEVELOPERS, MUMBAI

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

ITA 1693/MUM/2020[2012-13]Status: DisposedITAT Mumbai22 Nov 2022AY 2012-13

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleacit 28(2) Vs. M/S Neel Siddhi Room No. 307, 3Rd Floor Developers, Tower No. 6, Vashi Rly 2Nd Floor, Emerald, Stn Complex, Vashi Plot No. 195/B, Navi Mumbai – 400703 Sec-12, Vashi, Navi Mumbai – 400 703. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagfn2744N Appellant .. Respondent Appellant By : Shri Chetan M. Kacha.Dr Respondent By : Shri Subodh Ratnaparkhi.Ar Date Of Hearing 14.11.2022 Date Of Pronouncement 24.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals)- 26, Mumbai Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Chetan M. Kacha.DRFor Respondent: Shri Subodh Ratnaparkhi.AR
Section 143(2)Section 143(3)

…ances cannot be treated a completion M/s. Neel Siddhi Developers, Mumbai. of the assessee until the risk and rewards are handed over to the purchasers of the flat. Reliance is placed on the decision of Hon'ble ITAT in the case of K. K. Khullar Vs. DCIT (2009) 116 ITD 301 (Delhi) where a similar matter of whether the these received in advance could be considered as income has been considered Me Hon'ble ITAT Delhi Bench. In the said case, the assessee was an advocate. Has receiving retainer ship fees which was shown as advance in his books of accounts. The Hon'ble ITAT after considering the matter placed reliance o…

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Chandigarh (iii) Meeraj Estate & Developers v. DCIT (116 ITD 301) — Cited in 46 Judgments | BharatTax