CIT v. Ashaland Corporation

133 ITR 55High Court1982#2673 most cited

What is CIT v. Ashaland Corporation authority for?

Income from the sale of immovable property, including any 'on-money' component, is taxable only when the sale is complete, marked by the execution and registration of the sale deed and/or transfer of possession to the buyer.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Ashaland Corporation · 133 ITR 55 · Section 45(2) Income Tax Act · developer profit taxability · on-money income tax · sale deed registration date · transfer of immovable property timing · project completion method · income recognition real estate · Section 53A Transfer of Property Act

Issues it is cited on

Judgments citing CIT v. Ashaland Corporation

The ACIT, Circle-2, Bharuch vs. Mansi Realty Pvt. Ltd., Bharuch

In the result, the appeal of the revenue is dismissed

ITA 540/AHD/2016[2011-12]Status: DisposedITAT Surat13 Dec 2019AY 2011-12

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं./I.T.A No.540/Ahd/2016 िनधा"रणवष"/Assessment Year: 2011-12 Assistant Commissioner Vs. M/S. Mansi Realty Pvt. Ltd., Of Income Tax, Circle-2, Garden City, Nr. Gidc, Behind Bharuch – 392 001. Momaina Nagar, Kosamdi, Valia Road, Ankleshwar, Dist-Bharuch, Bharuch – 393 002. [Pan: Aagcm 6053 L] अपीलाथ" / Appellant ""यथ"/Respondent Shri Sapnesh Sheth, Ca िनधा"रतीक"ओरसे /Assessee By Shri Srinivas T. Bidari, Cit(D.R.) राज"वक"ओरसे /Revenue By 10.12.2019 सुनवाईकीतारीख/ Date Of Hearing: उ"ोषणाक"तारीख/Pronouncement On: 13.12.2019

Section 131Section 133ASection 143

…Page 13 of 15 CIT (A) has taking a judicial view after taking into consideration of various decision of Hon’ble Gujarat High Court and other High Court as well as tribunal. We find that the Hon’ble Gujarat High Court in the case of CIT V. Ashland Corporation 133 ITR 55 and in CIT v. Motilal C Patel & Company 173 ITR 666 held that it is settled law that no addition no addition can be made purely based on statement recorded during survey. Further, the Hon’ble Gujarat High Court in the case of DCIT 10. V. Panna Corporation [Tax Appeal No. 323 and 325 of 200 dated 16.06.2012] 74 DTR 89 held that it has been consist…