CIT v. Excel Industries Ltd.

358 ITR 295Supreme Court of India2013#49 most cited

What is CIT v. Excel Industries Ltd. authority for?

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

935

judgments rely on this decision, according to BharatTax’s citation analysis of 366,369 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Excel Industries Ltd. · Excel Industries Ltd SC 2013 · Revenue Neutral principle · mercantile system of accounting · right to receive income · taxability of revenue neutral transactions · Section 147 Income Tax Act · reassessment · Section 148 Income Tax Act · profits and gains of business or profession · no tax liability revenue neutral · income accrual reversal

Also reported as

38 Taxmann.com 100219 Taxmann 379

Issues it is cited on

Judgments citing CIT v. Excel Industries Ltd.

S.C.Brothers, Mumbai vs. DCIT Cir 24(3), Mumbai

In the result this ground of appeal is allowed

ITA 2992/MUM/2014[2009-10]Status: DisposedITAT Mumbai13 Jul 2018AY 2009-10

Bench: Shri B.R. Baskaran & Shri Pawan Singhm/S S C Brothers, Acit Circle-24(3) C.T.S No. 201, Raheja Mumbai. Titanium Western Express Highway, Goregaon (E), Vs. Mumbai-400063 Pan: Aarfs6197F Appellant Respondent M/S S C Brothers, Acit Circle-24(3) C.T.S No. 201, Raheja Mumbai. Titanium Western Express Highway, Goregaon (E), Vs. Mumbai-400063 Pan: Aarfs6197F Appellant Respondent M/S S C Brothers, Acit Circle-31(3) C.T.S No. 201, Raheja Mumbai. Titanium Western Express Highway, Goregaon (E), Vs. Mumbai-400063 Pan: Aarfs6197F Appellant Respondent Appellant By : Dr. K. Shivram Sr Advocate With Ms. Neelam Jadhav Advocate Respondent By : Shri V. Justin (Dr) Date Of Hearing : 06.06.2018 Date Of Pronouncement: 13.07.2018 Order Per Pawan Singh;

For Appellant: Dr. K. Shivram Sr Advocate with Ms. Neelam Jadhav AdvocateFor Respondent: Shri V. Justin (DR)
Section 143(3)Section 253Section 37

…owable for deduction. The learned AR of the assessee submits that similar business expenditure was allowed in assessment year 2012-13. In support of his submission the learned AR of the assessee relied upon the decision of CIT Versus Excel Industries (2013) 358 ITR 295 (SC) and the decision of Mumbai Tribunal in Premium Investment and Finance Ltd Versus DCIT in ITA No. 4879/M/2012 dated13/05/2015. 20. On the other hand the ld. DR for the revenue supported the order of the authorities below. 21. We have considered the rival submission of the parties and have gone through the orders of authorities below and the…

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

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

ITA 6648/DEL/2015[2010-11]Status: DisposedITAT Delhi27 Jun 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

For Appellant: Shri Salil Aggarwal, ARFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 142Section 143(3)Section 144C(4)

…Reasons recorded must be genuine and have a nexus with the twin statutory requirements i.e. complexity of accounts and interest of the Revenue." 3.8 Reliance is also placed on the judgment of the Apex Court in the case of CIT vs. Excel Industries reported in 358 ITR 295 wherein it has been held as under: "28. In Radhasoami Satsang Saomi Bagh v. Commissioner 'of Income Tax, [1992] 193 ITR 321 (SC) this Court did not think it appropriate to allow the "reconsideration of an issue for a subsequent assessment year if the same "fundamental aspect" permeates in different assessment years. In arriving at this conclusion…

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

In the result, appeal of the assessee is allowed on preliminary ground, appeal of Revenue and its CO are dismissed

ITA 6181/DEL/2015[2010-11]Status: DisposedITAT Delhi27 Jun 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri O.P. Kantआयकर अपील सं./ Ita No. 6181/Del/2015 With Co No.376/Del/2015 & "नधा"रण वष"/Assessment Year: 2010-11 M/S.Unitech Limited Dcit, Cir.27(1) 6, Community Centre Vs New Delhi. Saket, New Delhi 17. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Salil Aggarwal, Ar Revenue By : Shri H.K. Choudhary, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 03/05/2018 घोषणा क" तार"ख /Date Of Pronouncement : 27/06/2018 O R D E R

For Appellant: Shri Salil Aggarwal, ARFor Respondent: Shri H.K. Choudhary, CIT-DR
Section 142Section 143(3)Section 144C(4)

…Reasons recorded must be genuine and have a nexus with the twin statutory requirements i.e. complexity of accounts and interest of the Revenue." 3.8 Reliance is also placed on the judgment of the Apex Court in the case of CIT vs. Excel Industries reported in 358 ITR 295 wherein it has been held as under: "28. In Radhasoami Satsang Saomi Bagh v. Commissioner 'of Income Tax, [1992] 193 ITR 321 (SC) this Court did not think it appropriate to allow the "reconsideration of an issue for a subsequent assessment year if the same "fundamental aspect" permeates in different assessment years. In arriving at this conclusion…