CIT v. Goel Builders

331 ITR 344High Court2011#8992 most cited

What is CIT v. Goel Builders authority for?

The principle of consistency in tax matters should be followed, meaning the revenue should not take a contrary view if there is no material change in circumstances justifying it.

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2024.

Also referred to as

CIT v Goel Builders · 331 ITR 344 · principle of consistency · res judicata · reopening assessment · revenue taking contrary view · Radha Swami Satsang · material change

Sections most often in play

Section 143(3)Section 22Section 56(2)(iii)Section 10Section 115JAASection 115JBSection 12Section 142(1)

Judgments citing CIT v. Goel Builders

Todi Industries Private Limited, Mumbai vs. Income Tax Officer - 8(3)(2), Mumbai

ITA 895/MUM/2024[2016-17]Status: DisposedITAT Mumbai21 Aug 2024AY 2016-17
Section 115JSection 143(3)Section 22Section 37

…ld be followed and in support he relied upon the following decisions:- Radhasoami Satsang v. CIT [1991] 193 ITR 321 (SC) H.A. Shah & Co. v. CIT [1955] 30 ITR 618 (Bombay HC) CIT v. Neo Poly Pack (P) Ltd.[2000] 245 ITR 492 (Delhi HC) CIT v Goel Builders [2010] 331 ITR 344 (Allahabad HC) Shibani S. Bhojwani v. DCIT [2017] 166 ITD 488 (Mumbai Trib) Samir Bhojwani v. ACIT (ITA No. 331/M/2015) (Mumbai Trib.) ITO v. Rasiklal & Co. (P) Ltd. [2008] 119 ITD 61 (Mumbai Trib.) 7. Ld. Counsel submitted that the principle laid down by the Hon'ble Supreme Court in the case of Sultan Brothers (P.) Ltd. v. СІТ [1964] 51 ITR 353…

M/S Active Securities Limited, New Delhi vs. ITO, New Delhi

The appeals are allowed

ITA 2335/DEL/2016[2012-13]Status: DisposedITAT Delhi27 May 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharma

For Appellant: Shri Puneet Agarwal, AdvFor Respondent: Shri Kanv Bali, Sr. DR
Section 143(3)Section 143(3)(ii)Section 24

…ad of income from house property, were relied: • Karanpura Development Co. Ltd. vs. CIT: 44 ITR 362 (SC) • CIT vs. Velankani Information Systems (P.) Ltd.: 265 CTR 250 (Kar) • CIT vs. Mohiddin Hotels P. Ltd. & Ors.: 284 ITR 229 (Bom) • CIT vs. Goel Brothers: 331 ITR 344 (All) • PCIT vs. M/s Krome Planet Interiors Pvt. Ltd.: ITA No. 282 of 2017 (Bom) • CIT vs. M/s Oberon Edifices & Estates (P) Ltd.: ITA No. 166 of 2016 (Ker) • Pr. CIT vs. M/s Krome Planet Interiors Pvt. Ltd.: ITA No. 282/2017 (Bom) • CIT vs. M/s Oberon Edifices & Estates (P) Ltd.: ITA No. 166/2016 (Ker) • M.M. Creations vs. ACIT: 165 ITD 534 (Del…

Deputy Commissioner of Income Tax -3 (1), Indore vs. M/S M.P. Entertainment and Developers Private Limited, Indore

ITA 203/IND/2018[2014-15]Status: DisposedITAT Indore21 Nov 2022AY 2014-15

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Anil Kamal Garg & Arpit GaurFor Respondent: Shri P.K. Mitra, CIT-DR
Section 139(4)Section 143(3)Section 22Section 23Section 28

…tant case, the determination of income of the appellant is not based upon the entries made by it in its books of account. 4.5.2 The Assessing Officer has also relied upon the decision of Hon'ble Allahabad High Court in the case of CIT vs. Goel Builders (2011) 331 ITR 344 (All) where the Assessing Officer has distinguished the case of the appellant from that of the decision of Goel Builders supra. I find that the facts of the case of Goel Builders are in fact supportive of the stand of the appellant. In this case the Hon'ble High Court has held that the purpose of assessment under the head "Profit and gains of bus…

The DCIT-3(1), Indore vs. M/S. M.P. Entertainment & Developers Pvt. Ltd., Indore

ITA 344/IND/2017[2013-14]Status: DisposedITAT Indore21 Nov 2022AY 2013-14

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Anil Kamal Garg & Arpit GaurFor Respondent: Shri P.K. Mitra, CIT-DR
Section 139(4)Section 143(3)Section 22Section 23Section 28

…tant case, the determination of income of the appellant is not based upon the entries made by it in its books of account. 4.5.2 The Assessing Officer has also relied upon the decision of Hon'ble Allahabad High Court in the case of CIT vs. Goel Builders (2011) 331 ITR 344 (All) where the Assessing Officer has distinguished the case of the appellant from that of the decision of Goel Builders supra. I find that the facts of the case of Goel Builders are in fact supportive of the stand of the appellant. In this case the Hon'ble High Court has held that the purpose of assessment under the head "Profit and gains of bus…

The DCIT-3(1), Indore vs. M/S. M.P. Entertainment & Developers Pvt. Ltd., Indore

ITA 118/IND/2017[2012-13]Status: DisposedITAT Indore21 Nov 2022AY 2012-13

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Anil Kamal Garg & Arpit GaurFor Respondent: Shri P.K. Mitra, CIT-DR
Section 139(4)Section 143(3)Section 22Section 23Section 28

…tant case, the determination of income of the appellant is not based upon the entries made by it in its books of account. 4.5.2 The Assessing Officer has also relied upon the decision of Hon'ble Allahabad High Court in the case of CIT vs. Goel Builders (2011) 331 ITR 344 (All) where the Assessing Officer has distinguished the case of the appellant from that of the decision of Goel Builders supra. I find that the facts of the case of Goel Builders are in fact supportive of the stand of the appellant. In this case the Hon'ble High Court has held that the purpose of assessment under the head "Profit and gains of bus…

The DCIT-3(1), Indore vs. M/S. M.P. Entertainment & Developers Pvt. Ltd., Indore

ITA 117/IND/2017[2011-12]Status: DisposedITAT Indore21 Nov 2022AY 2011-12

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Anil Kamal Garg & Arpit GaurFor Respondent: Shri P.K. Mitra, CIT-DR
Section 139(4)Section 143(3)Section 22Section 23Section 28

…tant case, the determination of income of the appellant is not based upon the entries made by it in its books of account. 4.5.2 The Assessing Officer has also relied upon the decision of Hon'ble Allahabad High Court in the case of CIT vs. Goel Builders (2011) 331 ITR 344 (All) where the Assessing Officer has distinguished the case of the appellant from that of the decision of Goel Builders supra. I find that the facts of the case of Goel Builders are in fact supportive of the stand of the appellant. In this case the Hon'ble High Court has held that the purpose of assessment under the head "Profit and gains of bus…

DCIT, New Delhi vs. M/S. Anjala Exhibitors Pvt. Ltd., New Delhi

ITA 6147/DEL/2014[2010-11]Status: DisposedITAT Delhi06 Oct 2017AY 2010-11

Bench: Amit Shukla & Shri O.P. Kant

For Appellant: Shri Ranjan Chopra, AdvocateFor Respondent: Shri R.C. Danday, Sr. DR
Section 143Section 143(3)

…was decided in a more recent judgment of the Hon. Supreme Court in the case of Municipal Corporation of City of Thane vs. Vidyut Metallics Ltd. & Anr. (2007) 8 SCC 688 which has been quoted by the Hon. Allahabad High Court in the case of CIT vs. Gael Builders 331 ITR 344 (All) while dealing with the issue of res judicata vis-a- vis principle of consistency in taxation matters. Relevant portion of Hon. High Court \s order is extracted hereunder: 59. In the case of Radha Swami Satsang vs. CIT (Supra), their Lordships of Hon 'ble Supreme Court while dealing with the principle of consistency and principle of res judi…

ACIT, New Delhi vs. M/S Anjala Exhibitors Pvt. Ltd., New Delhi

In the result the appeal of the revenue is dismissed

ITA 1492/DEL/2013[2008-09]Status: DisposedITAT Delhi23 Mar 2017AY 2008-09

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiacit, Vs. Anjala Exhibitors Pvt Ltd, Circle-1(1), 10796, Jhandewalan Road, New Delhi Nabi Karim, New Delhi Pan:Aaaca0219J (Appellant) (Respondent)

For Appellant: Sh. Ranjan Chabra, CAFor Respondent: Sh. SK Jain, DR
Section 143Section 24

…was decided in a more recent judgment of the Hon. Supreme Court in the case of Municipal Corporation of City of Thane vs. Vidyut Metallics Ltd. & Anr. (2007) 8 SCC 688 which has been quoted by the Hon. Allahabad High Court in the case of CIT vs. Goel Builders 331 ITR 344 (All) while dealing with the issue of res judicata vis-a- vis principle of consistency in taxation matters. Relevant portion of Hon. High Court's order is extracted hereunder: 59. In the case of Radha Swami Satsang vs. CIT (Supra), their Lordships of Hon'ble Supreme Court while dealing with the principle of consistency and principle of res judica…

M/S Kisan Gramin Bhandaran vs. ITO

Appeal is allowed

ITA 604/DEL/2016[2007-08]Status: DisposedITAT Delhi27 Jun 2016AY 2007-08

Bench: Shri I.C. Sudhir & Shri O. P, Kant Assessment Year: 2007-08 Kisan Gramin Bhandaran, Vs. Ito, Asalatpur Jarai, Chandausi, Chandausi (Up) (Up) (Pan: Aaifk1137C) (Appellant) (Respondent) Assessee By: Shri Piyush Kaushik, Adv. Department By: Smt. Rishpal Bedi, Sr. Dr Date Of Hearing : 18 .04.2016 Date Of Pronouncement: 27:06.2016 Order Per I.C. Sudhir:The Assessee Has Questioned First Appellate Order On The Ground That The Learned Cit(Appeals) Was Justified In Upholding Rental Income Received On Letting Out Warehouses Under The Head “Income From House Property” Against The Business Income Shown By The Assessee. 2. Heard & Considered The Arguments Advanced By The Parties In View Of Orders Of The Authorities Below, Material Available On Record & The Decisions Relied Upon. 3. The Facts In Brief Are That The Assessee, A Partnership Firm Had Disclosed Rental Income Of Rs.8,11,046 As Business Income In Its Profit & Loss Account & Net Income Of Rs.2,325 Was Shown As Business Income After

For Appellant: Shri Piyush Kaushik, AdvFor Respondent: Smt. Rishpal Bedi, Sr. DR
Section 143(3)Section 147Section 148

…e of the assessee that it was having no other business than letting out the warehouse. He submitted further that the case of assessee is also fully supported by the decision of Hon'ble jurisdictional Allahabad High Court in the case of CIT vs. Goel Builders – 331 ITR 344 (All). He also placed reliance on the following decisions: i) CIT vs. Shaan Finance Pvt. Ltd. – 231 ITR 308 (SC); ii) Vora Warehousing (P) Ltd. Vs. ACIT – 70 ITD 518; iii) Shreeji Exhibitors Vs. ACIT – ITA No. 640/M/2014 dated 14.8.2015; iv) M/s. Bhuvan Leasing & Infra-structure Vs. ITO – ITA No. 4977/Mumbai/2006 dated 10.6.2015. 6. The Learned S…

Sharadamba Enterprises, Hubli vs. Asst.C.I.T., Hubli

In the result, the appeal filed by the assessee-firm is partly allowed for statistical purposes

ITA 1286/BANG/2015[2012-13]Status: DisposedITAT Bangalore11 May 2016AY 2012-13

Bench: Shri George George K & Shri Inturi Rama Raom/S.Sharadama Enterprises, Station Road, Hubli. … Appellant Pan:Abofs 5233 J Vs Asst. Commissioner Of Income-Tax, Circle 1(1), Hubli. … Respondent

For Appellant: Shri Naginchand Khincha,CAFor Respondent: Smt.Rukmani Attri, JCIT(DR)
Section 143(1)Section 234ASection 40

…of the assessee-firm is only to exploit it as a commercial asset. Income received should be treated as ‘income from business’ as held in the following decisions: Page 8 of 9 i. Nutan Warehousing Co. P.Ltd. vs. DCIT (326 ITR 94)(Bom) ii. CIT vs. Goel Builders (331 ITR 344)(All.) iii. Haryana Warehousing Corporation vs. ACIT (328 ITR 28)(P&H) Consequently, ground No.3 of the assessee-firm is dismissed. 6. Ground No.4 relates to disallowance made on account of bad debts written off of Rs.9,50,000/-. The AO made disallowance for various reasons. One of the reasons is that the assessee-firm had failed to produce evid…

M/S. Krishak Bharati Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6786/DEL/2015[2011-12]Status: DisposedITAT Delhi09 Mar 2016AY 2011-12

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Vijay Ranjan, Adv. Sh. VartikFor Respondent: Sh. Amit Mohan Govil, CIT(DR)
Section 143(2)Section 143(3)Section 263

…ITA NOS. 6785&6786/DEL/2015 (AYRS. 2010-11 & 2011-12) KRISHAK BHARATI CO-OPERATIVE LIMITED VS. ACIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER I.T.A. Nos. 6785 & 6786/Del/2015 A.Yrs. : 2010-11 & 2011-12 M/s Krishak Bharati Cooperative VS. ACIT, Circle 30(1), Ltd., New Delhi A-60, Kailash Colony, New Delhi – 110 048 (PAN: AAAAK0203G) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) Assessee by : Sh. Vijay Ranjan, Adv. Sh. Vartik Choksi, CA & Sh. KVR Krishna, CA De…

M/S. Krishak Bharati Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the Appeals filed by the Assessee stand allowed

ITA 6785/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Mar 2016AY 2010-11

Bench: Shri H.S. Sidhu & Shri O.P. Kant

For Appellant: Sh. Vijay Ranjan, Adv. Sh. VartikFor Respondent: Sh. Amit Mohan Govil, CIT(DR)
Section 143(2)Section 143(3)Section 263

…ITA NOS. 6785&6786/DEL/2015 (AYRS. 2010-11 & 2011-12) KRISHAK BHARATI CO-OPERATIVE LIMITED VS. ACIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER I.T.A. Nos. 6785 & 6786/Del/2015 A.Yrs. : 2010-11 & 2011-12 M/s Krishak Bharati Cooperative VS. ACIT, Circle 30(1), Ltd., New Delhi A-60, Kailash Colony, New Delhi – 110 048 (PAN: AAAAK0203G) (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) Assessee by : Sh. Vijay Ranjan, Adv. Sh. Vartik Choksi, CA & Sh. KVR Krishna, CA De…

CIT v. Goel Builders (331 ITR 344) — Cited in 12 Judgments | BharatTax