CIT v. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd.

253 ITR 97High Court2002#10419 most cited

What is CIT v. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd. authority for?

Income that is the subject of a dispute cannot be considered to have accrued to the assessee and is only taxable upon settlement of the dispute.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd. · 253 ITR 97 · accrual of income · disputed income · taxation of disputed amount · mercantile system of accounting · subsidy dispute

Sections most often in play

Section 115JBSection 143(3)Section 144BSection 144C(3)Section 201(1A)Section 234CSection 32(1)(ii)Section 37(1)

Issues it is cited on

profit split methodfunctional analysissection 92fsection 40(a)(ii)section 115jasection 32(1)(ii)section 115jb(2)deduction under section 80iadeduction u/s 80iasection 80asection 32(1)intangible assets

Judgments citing CIT v. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd.

Shree Cement Limited, Bangur Nagar vs. ACIT, Central Circle, Ajmer

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…e it has been categorically held that accounting entries are not sine qua non in determining taxability of income. Further reliance is placed on the decision of Hon’ble Gujarat High Court in CIT – vs.- Bavla Gopalak Vividh Karyakarisahakari Mandli Ltd. (2002) 253 ITR 97 (Guj) wherein it has been held that where final decision on dispute regarding subsidy had not reached, it could not be said that income had accrued to the assessee. 126. The ld. AR of the assessee also drew our attention to various provisions of the Act starting from Section 2(24) which defines the term ‘income’. Charge of Income Tax has been pre…

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Delhi

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…re it has been categorically held that accounting entries are not sine qua non in determining taxability of income. Further reliance is placed on the decision of Hon’ble Gujarat High Court in CIT –vs.- Bavla Gopalak Vividh Karyakarisahakari Mandli Ltd. (2002) 253 ITR 97 (Guj) wherein it has been held that where final decision on dispute regarding subsidy had not reached, it could not be said that income had accrued to the assessee. 126. The ld. AR of the assessee also drew our attention to various provisions of the Act starting from Section 2(24) which defines the term ‘income’. Charge of Income Tax has been pr…

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Deputy Commissionerof Income Tax, Circle -2, Ajmer

In the result, the appeal of the Revenue in ITA No

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…re it has been categorically held that accounting entries are not sine qua non in determining taxability of income. Further reliance is placed on the decision of Hon’ble Gujarat High Court in CIT –vs.- Bavla Gopalak Vividh Karyakarisahakari Mandli Ltd. (2002) 253 ITR 97 (Guj) wherein it has been held that where final decision on dispute regarding subsidy had not reached, it could not be said that income had accrued to the assessee. 126. The ld. AR of the assessee also drew our attention to various provisions of the Act starting from Section 2(24) which defines the term ‘income’. Charge of Income Tax has been pr…

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

…f accounting as per the judgment of the Apex Court in the case of UCO Bank, the interest arising out of sticky and disputed loans is wholly deductible. (v) Reliance has been placed on the case of CIT Vs. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd., 253 ITR 97 where it has been held that an amount which is subject matter of dispute cannot be said to have accrued to the 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 Enginee…

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

…f accounting as per the judgment of the Apex Court in the case of UCO Bank, the interest arising out of sticky and disputed loans is wholly deductible. (v) Reliance has been placed on the case of CIT Vs. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd., 253 ITR 97 where it has been held that an amount which is subject matter of dispute cannot be said to have accrued to the 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 Enginee…

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

…f accounting as per the judgment of the Apex Court in the case of UCO Bank, the interest arising out of sticky and disputed loans is wholly deductible. (v) Reliance has been placed on the case of CIT Vs. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd., 253 ITR 97 where it has been held that an amount which is subject matter of dispute cannot be said to have accrued to the 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 Enginee…

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

…f accounting as per the judgment of the Apex Court in the case of UCO Bank, the interest arising out of sticky and disputed loans is wholly deductible. (v) Reliance has been placed on the case of CIT Vs. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd., 253 ITR 97 where it has been held that an amount which is subject matter of dispute cannot be said to have accrued to the 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 Enginee…

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

…f accounting as per the judgment of the Apex Court in the case of UCO Bank, the interest arising out of sticky and disputed loans is wholly deductible. (v) Reliance has been placed on the case of CIT Vs. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd., 253 ITR 97 where it has been held that an amount which is subject matter of dispute cannot be said to have accrued to the 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 Enginee…

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

…td.. 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 the assessing officer has placed reliance on the case of CIT vs. Ashokbhai Chimanbhai: 56 ITR 42 (SC)5 that the Apex Court has held that income is said to accrue or arise to an assessee, when the right to receive the same vests with the assessee. The app…

ITO, Kota vs. Chandi Ram, Kota

In the result, the ground no

ITA 11/JPR/2015[2008-09]Status: DisposedITAT Jaipur28 Feb 2017AY 2008-09
For Appellant: Shri Sidharth Ranka (Advocate)For Respondent: Shri Prithviraj Meena (Addl.CIT)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh dqy Hkkjr] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 11/JP/15 fu/kZkj.k o"kZ@Assessment Year : 2008-09 cuke The Income Tax Officer, Shri Chandi Ram Prop. Vs. Chandi Ram & Co. Ward 1(1), Kota A-20, Vallabh Nagar, Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN No. ABIPR 6234 N vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrhdh vksj ls@Assessee by : Shri Sidharth Ranka (Advocate) jktLo dh vksj ls@Revenue by : Shri Prithviraj…

CIT v. Bavala Gopalak Vivid Karya Kari Sahakari Mandali Ltd. (253 ITR 97) — Cited in 10 Judgments | BharatTax