CIT v. Dinesh Kumar Goel

Pr. Commissioner of Income Tax-8 vs. Sistema Shyam Teleservices Ltd

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…that some other method would be better and more appropriate for representing the pattern of performance. 11. A Division Bench of Delhi High Court had occasion to deal with Accounting Standard 9 in Commissioner of Income-Tax Vs. Dinesh Kumar Goel [2011] 331 ITR 10 (Del). This was a case of a coaching institute that had received entire fee for the course spread over two years’ duration at the time of admission of the students. However, the entire fee was not accounted in the year of receipt when the entire payment was made, but was spread over the entire duration of the course and accordingly accounted…

Commissioner of Income Tax-III vs. Shyam Telelink Ltd

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…that some other method would be better and more appropriate for representing the pattern of performance. 11. A Division Bench of Delhi High Court had occasion to deal with Accounting Standard 9 in Commissioner of Income-Tax Vs. Dinesh Kumar Goel [2011] 331 ITR 10 (Del). This was a case of a coaching institute that had received entire fee for the course spread over two years’ duration at the time of admission of the students. However, the entire fee was not accounted in the year of receipt when the entire payment was made, but was spread over the entire duration of the course and accordingly accounted…

Commissioner of Income Tax-III vs. Shyam Telelink Ltd

The appeals are disposed of

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

…that some other method would be better and more appropriate for representing the pattern of performance. 11. A Division Bench of Delhi High Court had occasion to deal with Accounting Standard 9 in Commissioner of Income-Tax Vs. Dinesh Kumar Goel [2011] 331 ITR 10 (Del). This was a case of a coaching institute that had received entire fee for the course spread over two years’ duration at the time of admission of the students. However, the entire fee was not accounted in the year of receipt when the entire payment was made, but was spread over the entire duration of the course and accordingly accounted…

JCIT (OSD), New Delhi vs. M/S Dlf Homes Developers Ltd., New Delhi

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Kuldip Singh

…eld that it entailed and secured use of facilities for the period specified. The assessee, therefore, had to provide and incur expenses for providing the said facilities. The Tribunal has followed the decision of this Court in CIT Vs. Dinesh Kumar Goel (2011) 331 ITR 10. In the said case, this High Court has referred to the concept of income, and the principles of accountancy. In the said case, the respondent- assessee was running a coaching institute and was receiving upfront fee for providing coaching, which was spread over one year or two years. Keeping in view the factual position, Tribunal has rightly apprec…

Dlf Home Developerws Ltd., New Delhi vs. DCIT, New Delhi

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Kuldip Singh

…eld that it entailed and secured use of facilities for the period specified. The assessee, therefore, had to provide and incur expenses for providing the said facilities. The Tribunal has followed the decision of this Court in CIT Vs. Dinesh Kumar Goel (2011) 331 ITR 10. In the said case, this High Court has referred to the concept of income, and the principles of accountancy. In the said case, the respondent- assessee was running a coaching institute and was receiving upfront fee for providing coaching, which was spread over one year or two years. Keeping in view the factual position, Tribunal has rightly apprec…

Airport Authority of India, New Delhi vs. ACIT, New Delhi

In the result the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri B.P. Jain & Shri Kuldip Singh[Assessment Year: 2010-11] Airports Authority Of India Ltd Vs. The A.C.I.T Rajiv Gandhi Bhawan Circle 1(1) A - Block, Safdarjung Airport New Delhi New Delhi

…A.Y. 2011-12 Rs. 1692,04,65,647/-) and liable for the same tax rate. Thus, the whole exercise is by and large revenue neutral. On this issue we may quote the observations made by Delhi High Court in the case of Commissioner of Income Tax Vs. Dinesh Kumar Goel 331 ITR 10(Del), where an issue has arisen about the year in which income has accrued. The Hon’ble High Court has considered the issue of tax rate being the same in both the assessment years and still the Revenue agitating the taxability of particular income in year different than the year in which the tax payer has accounted for such income. Relevant observ…

M/S. Jindal Gas Appliances P. Ltd., New Delhi vs. ACIT, Faridabad

In the result, appeal of assessee is allowed

Bench: Shri Bhavnesh Saini, J.M. & Shri O.P. Kant, A.M.

…tion is allowable in assessment year under appeal. In support of this contention, he has relied upon the judgments of 6 ITA.No.6450/Del./2014 M/s. Jindal Gas Appliances P. Ltd., Faridabad. the Delhi High Court in the case of CIT vs. Dinesh Kumar Goel (2011) 331 ITR 10 (Del.) and CIT vs. M/s. Vishnu Industrial Gases P. Ltd., ITR.No.229/1988 dated 06th May, 2008 in which on the same proposition, the Hon’ble Delhi High Court confirmed the order of the Tribunal in allowing the expenditure to the assessee by relying upon the decision of the Hon’ble Bombay High Court in the case of CIT vs. Nagri Mills Co. Ltd., 33…

M/S. Nbcc Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal is partly allowed

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahu

…n that year. He also relied on Accounting Standard 9 issued by Institute of Chartered Accountants of India (ICAI) and the case law in CIT vs. Vishnu Industrial Gases (P) Ltd., ITA No. 229/1988 dated 06.05.2008 (Delhi High Court) and CIT vs. Dinesh Kumar Goel, 331 ITR 10 (Del.). ITA No. 4846/Del./2014 7 8. On the other hand, the ld. DR relied on the orders of the lower authorities. 9. After hearing both the parties and perusing the materials available on record and the case laws cited by the assessee, we observe that the interest of Rs.4.47 crores has been awarded in favour of the assessee in three cases, which…

ITO, New Delhi vs. M/S. Organizing Committee Hero Honda Fih World Cup, New Delhi

In the result, the appeal of the assessee is allowed in part for

Bench: Shri N.K. Saini & Shri K.N. Charry

…he assessee brought to the notice of the AO that such claim was by mistake and since they did not provide any service to SAIL nor did they receive Rs. 5,50,000/- they reconciled their books of accounts. Ld. CIT (A) basing on CIT vs. Dinesh Kumar Goel (2010) 331 ITR 10 (HC) held that the Revenue is recognized only when the services are actually rendered and since no service was rendered and no payment was received the addition of Rs. 5,50,000/- cannot be sustained. 5. On this aspect, it is the submission of the Ld. AR that Ld. CIT (A) is right in deleting the addition, whereas Ld. DR submits that it is a ve…

C.P. Kukreja Associates Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Appeal is allowed

Bench: Shri I. C. Sudhir & Shri L. P. Sahu

…SLP to Appeal [CC No.11485/2016] dated 5.08.2016; (iv) CIT Vs. M/s. Vishnu Industrial Gases P. Ltd. 8 I. T. Appeal No. 2224/Del/2012 Assessment Year : 2008-09. ITR No. 229/1988 dated 6.05.2008 [Delhi High Court]; (v) CIT & Anr. Vs. Dinesh Kumar Goel (2011) 331 ITR 10 (Del.); (vi) CIT Vs. Vee Gee Industrial Enterprises In Income Tax Appeal No. 187 of 2014 dated 28.07.2015 [Punjab & Haryana High Court]; (vii) Sri Nilaya AR Projects Vs. ITO in ITA. No. 1572/Hyd./2013 dated 4.01.2017. 3.5 The ld. Sr. DR, Shri Anil Kumar Sharma, on the other hand, placed reliance on the orders of the authorities below. He submit…

M/S. National Buildings Construction Corporation Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are allowed

Bench: Shri J.S. Reddy & Shri Chandra Mohan Garg.

…ot prior period expenses and therefore, the AO may kindly be directed to delete the addition. To support this contention, the ld. AR placed reliance on the decision of the Hon'ble Jurisdictional High Court in the case of CIT Vs. Dinesh Kumar Goel reported at 331 ITR 10 [Del] and submitted that when the assessee is following the mercantile system of accounting, then the fees for full course or package received in advance cannot be taxed in the year of receipt and when services there against are to be rendered in the next F.Y. then the income should be recognized in the year of receipt unless services are rend…

M/S. National Buildings Construction Corporation Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are allowed

Bench: Shri J.S. Reddy & Shri Chandra Mohan Garg.

…ot prior period expenses and therefore, the AO may kindly be directed to delete the addition. To support this contention, the ld. AR placed reliance on the decision of the Hon'ble Jurisdictional High Court in the case of CIT Vs. Dinesh Kumar Goel reported at 331 ITR 10 [Del] and submitted that when the assessee is following the mercantile system of accounting, then the fees for full course or package received in advance cannot be taxed in the year of receipt and when services there against are to be rendered in the next F.Y. then the income should be recognized in the year of receipt unless services are rend…

Commissioner of Income Tax-IX vs. Raman Khera

The appeals are disposed of in the above terms but in the facts and

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…revenue is recognised proportionately by reference to the performance of each act. In case of service contracts the revenues are recognised on proportionate basis. (iii) Relying on the decision in Commissioner of Income Tax v. Dinesh Kumar Goel (2011) 331 ITR 10 (Del), it was held that the amount received by each of the Assessee has to be proportionately ITA Nos. 653 of 2012, 476 of 2014, 19 of 2015, 21 of 2015 & 326 of 2015 Page 15 of 28 spread over five years. 26. The orders of the AO and the CIT (A) were accordingly set aside and the appeals were allowed.…

Commissioner of Income Tax-IX vs. Raman Khera

The appeals are disposed of in the above terms but in the facts and

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…revenue is recognised proportionately by reference to the performance of each act. In case of service contracts the revenues are recognised on proportionate basis. (iii) Relying on the decision in Commissioner of Income Tax v. Dinesh Kumar Goel (2011) 331 ITR 10 (Del), it was held that the amount received by each of the Assessee has to be proportionately ITA Nos. 653 of 2012, 476 of 2014, 19 of 2015, 21 of 2015 & 326 of 2015 Page 15 of 28 spread over five years. 26. The orders of the AO and the CIT (A) were accordingly set aside and the appeals were allowed.…

Commissioner of Income Tax- 14 vs. Aman Khera

The appeals are disposed of in the above terms but in the facts and

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

…revenue is recognised proportionately by reference to the performance of each act. In case of service contracts the revenues are recognised on proportionate basis. (iii) Relying on the decision in Commissioner of Income Tax v. Dinesh Kumar Goel (2011) 331 ITR 10 (Del), it was held that the amount received by each of the Assessee has to be proportionately ITA Nos. 653 of 2012, 476 of 2014, 19 of 2015, 21 of 2015 & 326 of 2015 Page 15 of 28 spread over five years. 26. The orders of the AO and the CIT (A) were accordingly set aside and the appeals were allowed.…

M/S. Railtel Corporation of India Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaay: 2008-09 M/S Railtel Corporation Of India Vs A.C.I.T., Limited, 10Th Floor, Circle 15(1), Bob Building, New Delhi. 16, Parliament Street, New Delhi. (Appellant) (Respondent) Appellant By: Dr. Rakesh Gupta, Adv. Respondent By: Shri R.B. Meena, Cit Dr

…mpugned amount in its income) were the same, the adjustment made by the Department was revenue neutral. He relied on the decisions of the Hon'ble Delhi High Court in the case of CIT vs Vishnu Industrial Gases (ITR No. 229/1988) and CIT vs Dinesh Kumar Goel 331 ITR 10 (Del) for the proposition that the question as to the year in which an income is chargeable may be material when the rate of tax chargeable on the assessee in two different years is different but in the case of income of company, tax is attracted at a uniform rate, and, therefore, the year of chargeability of income should be of no consequence t…