CIT v. Builders Union

211 ITR 993Reported decision1995#19873 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2017 to 2024.

Sections most often in play

Section 1961: 143(3)Section 1961: 144C(13)Section 1961: 2(24)Section 1961: 45(5)Section 1961: 5(2)Section 1961: 9 Section 1961: 9(1)(v)(b)

Judgments citing CIT v. Builders Union

Universal Tractor Holding Llc, Usa vs. DCIT, International Taxation Circle 3(1)(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 2216/DEL/2022[2019-20]Status: HeardITAT Delhi28 Aug 2024AY 2019-20

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Durgesh Shankar, AdvFor Respondent: Ms. Banita Devi Neorem, CIT-DR

Section 143(3)Section 49

…also interest. Interest awarded by arbitrator on compensation amount has been held to be income. Thus, decision in Govinda Choudhary & Sons v. CIT [1977] 109 ITR 497 (Ori.) has been disapproved. 9.2 It may be pointed out that in CIT v. Builders Union [1995] 211 ITR 993 (Orissa) and CIT v. Lenka (A.) and Partners [1995] 215 ITR 298 (Orissa), two different Division Benches of the Hon'ble Orissa High Court in referring to the decision of the Supreme Court on appeal in the case of Govinda Choudhury's case [1993] 203 ITR 881, have held that the earlier decision of that High Court was no longer a good law. Following…

ITO, New Delhi vs. Sh. Rajiv Kholi, New Delhi

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

ITA 4379/DEL/2012[2009-10]Status: DisposedITAT Delhi29 Jun 2018AY 2009-10

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2009-10 Income Tax Officer, Vs. Sh. Rajiv Kholi, Ward-31(4), Room No. 185A, 89, Jor Bagh, New Delhi C.R. Building, I.P. Estate, New Delhi Pan :Aaepk2957L (Appellant) (Respondent) Appellant By Sh. Atiq Ahmed, Sr.Dr Respondent By Sh. Y.K. Kapoor, Adv. Date Of Hearing 21.05.2018/29.06.2018 Date Of Pronouncement 29.06.2018

Section 143(2)Section 3

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘F’, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2009-10 Income Tax Officer, Vs. Sh. Rajiv Kholi, Ward-31(4), Room No. 185A, 89, Jor Bagh, New Delhi C.R. Building, I.P. Estate, New Delhi PAN :AAEPK2957L (Appellant) (Respondent) Appellant by Sh. Atiq Ahmed, Sr.DR Respondent by Sh. Y.K. Kapoor, Adv. Date of hearing 21.05.2018/29.06.2018 Date of pronouncement 29.06.2018 ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against order dated 09/07/2012 passed by the Ld. Commissioner of Income T…

Subhash Pareta, Kota vs. ACIT, Kota

In the result, the appeal of the assessee and the revenue are disposed off with above directions

ITA 434/JPR/2016[2011-12]Status: DisposedITAT Jaipur09 Oct 2017AY 2011-12

For Appellant: NoneFor Respondent: Shri S.L.Chandel (Addl. CIT) fu/kZkfjrh dh vksj ls@

Section 142Section 40A(3)Section 69Section 69C

…arable with case of Jain Construction Company, it would be appropriate to apply net profit of 12.5% subject to interest and depreciation, in the case of assessee as well.” Further, he has relied on the Orissa High Court in the case of CIT vs. Builders Union (211 ITR 993) which has also considered reasonable N.P rate of 12.5% in the case of Contractor. However, he has fairly reduced the Sub-contract work from the purview of such profit estimation and also fairly allowed Interest and Depreciation on the estimated Net Profit. Under the above circumstances, I am in agreement with the estimation done by the AO espe…

Mohd. Const. Co., Kota vs. Addl. CIT, Kota

ITA 649/JPR/2013[2006-07]Status: DisposedITAT Jaipur30 Jan 2017AY 2006-07

For Appellant: Shri Mahendra Gargieya (Advocate)For Respondent: Shri Rajendra Jha (Addl. CIT)

Section 145(3)Section 44A

…profit rate should also be higher. The Hon’ble Rajasthan High Court in the case of M/s Jain Construction & Co. has upheld the NP rate of 12.5% in the business of civil construction. Similarly the Hon’ble Orissa High Court in the case of CIT V/s Builders Union 211 ITR 993 has also considered reasonable NP rate of 12.5% in the case of contractor. The following assesses of this Range carrying out the business of civil construction have also disclosed better profit rate subject to depreciation interest etc. as under:- M/s Mohd. Const. Co., Kota Vs. Addl. CIT, Range-1, Kota. Sl. Name of the A.Y. Total contract Net Pr…