CIT v. Indian Transformers Ltd.

270 ITR 259Reported decision2004#7534 most cited
15

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Also reported as

192 CTR 216

Judgments citing CIT v. Indian Transformers Ltd.

DCIT CORPORATE CIRCLE 1(2), CHENNAI vs. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD., CHENNAI

In the result, the appeals filed by the Revenue in ITA Nos

ITA 845/CHNY/2019[2010-11]Status: DisposedITAT Chennai30 Aug 2023AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri T. Vasanthan, CIT
Section 143(3)

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

M/S CONSOLIDATED CONSTRUCTION CONSORTIUM LTD,CHENNAI vs. DCIT CORPORATE CIRCLE 1 (2), CHENNAI

In the result, the appeals filed by the Revenue in ITA Nos

ITA 399/CHNY/2019[2010-11]Status: DisposedITAT Chennai30 Aug 2023AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri T. Vasanthan, CIT
Section 143(3)

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

CORP CIRCLE-1(2), CHENNAI vs. CCCL-EDAC ENERGY LTD, CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 3223/CHNY/2018[2012-13]Status: DisposedITAT Chennai14 Dec 2022AY 2012-13

Bench: Shri Mahavir Singh & Shri Manoj Kumar Aggarwalआयकरअपीलसं./Ita No.: 3223/Chny/2018 िनधा"रण वष"/Assessment Year: 2012 - 13 The Dcit, Cccl-Edac Energy Ltd., Corporate Circle 1(2), Vs. 88, Spic House, Mount Road, Chennai. Guindy, Chennai – 600 032. Pan: Aaecc 0167F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri D. Hema Bhupal, Jcit ""यथ" क" ओर से/Respondent By : Shri G. Tarun, Advocate सुनवाई क" तार"ख/Date Of Hearing : 14.12.2022 घोषणा क" तार"ख/Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of Commissioner Of Income Tax (Appeals) – 1, Chennai In Ita No.264/Cit(A)-1/2014-15 Dated 24.08.2018. The Assessment Was Framed By The Acit. Corporate Circle 1(2), Chennai For The Assessment Year 2012-13 U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 31.12.2014. 2. The Only Issue In This Appeal Of Revenue Is Against The Order Of Cit(A) Deleting The Addition Made By Ao On Retention Money Held By Contractee. For This, Revenue Has Raised The Following Two Effective Grounds:- “2. The Ld. Cit(A) Failed To Appreciate On The Facts & Circumstances Of The Case That Retention Money Held By Contractees Of The Assessee Having Been Excluded From The Computation Of Total Income, The Claim Of Expenditure Retention Money Payable To Its Sub-Contractors Can Only Be Allowable On Payment & Not On Accrual.

For Appellant: Shri D. Hema Bhupal, JCITFor Respondent: Shri G. Tarun, Advocate
Section 143(3)

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

M/S RAJ AUTO WHEELS P LTD.,AJMER vs. ACIT, CIRCLE-1, AJMER

In the result, the appeal of the assessee is party allowed

ITA 396/JPR/2015[2010-11]Status: DisposedITAT Jaipur09 Nov 2022AY 2010-11
For Appellant: Shri Mahendra Gargieya, AdvocawteFor Respondent: Shri P.R. Meena, C IT-DR

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Mk0 ehBk yky ehuk] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & DR MEETHA LAL MEENA, AM vk;dj vihy la-@ITA No. 396/JP/2015 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke M/s. Raj Auto Wheels (P) Ltd The ACIT 424/24, Ravan Bahici, Kaiser Ganj Vs. Circle-1 Ajmer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AADCR 3896 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by : Shri Mahendra Gargieya, Advocawte jktLo dh vksj ls@Revenue by: Shri P.R.…

M/S ALLEN CAREER INSTITUTE,JAIPUR vs. INCOME TAX OFFICER, WARD-2-1, KOTA

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

ITA 617/JPR/2018[2013-14]Status: DisposedITAT Jaipur04 Aug 2022AY 2013-14
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 37(1)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 617/JP/2018 fu/kZkj.k o"kZ@Assessment Year : 2013-14 Allen Career Institute cuke The ITO Vs. CP-6, Indra Nagar Ward 2(1) Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktL…

ALLEN CAREER INSTITUTE,JAIPUR vs. JCIT, KOTA

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

ITA 246/JPR/2015[2010-11]Status: DisposedITAT Jaipur04 Aug 2022AY 2010-11
For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri A.S. Nehra, Addl. CIT
Section 143(3)Section 234ASection 244ASection 36(1)(iii)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, ‘’A” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 246/JP/2015 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke Allen Career Institute The JCIT CP-6, Indra Nagar Vs. Range-2 Kotas Kota LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAEFA 3972 B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Mahendra Gargieya, Advocate & Shri Dewang Gargieya, Advocate jktLo…

DCIT CORPORATE CIRCLE 1 (1), CHENNAI vs. M/S EAST COAST CONSTRUCTIONS & INDUSTRIES LIMITED, CHENNAI

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 1442/CHNY/2018[2010-11]Status: DisposedITAT Chennai24 Oct 2018AY 2010-11

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 1442/Chny/2018 िनधा"रण वष"/Assessment Year:2010-11 The Deputy Commissioner Of M/S. East Coast Constructions & Income Tax, Central Circle 1(1), Vs. Industries Ltd., No. 4, Moores Road, Chennai – 34. Chennai 600 006. [Pan:Aaace1662P] (Appellant) (Respondent) अपीलाथ" की ओर से / Appellant By : Ms. Tripurasundari, Cit ""थ" की ओर से/Respondent By : Shri G. Baskar, Advocate सुनवाई की तारीख/ Date Of Hearing : 11.09.2018 घोषणा की तारीख /Date Of Pronouncement : 24.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) 6, Chennai Dated 30.01.2018 Relevant To The Assessment Year 2010-11. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Disallowance Of ₹.25,24,97,133/- Towards Expenses Relatable To The Retention Money Withheld By The Contractees.

For Appellant: Ms. Tripurasundari, CITFor Respondent: Shri G. Baskar, Advocate
Section 143(3)Section 263

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

M/S ENEXIO POWER COOLING SOLUTIONS INDIA PVT LTD (FORMERLY KNOWN AS M/S GEA COOLING TOWER TECHNOLOGIES (INDIA) P LTD,CHENNAI vs. ACIT (OSD) CORP RANGE 2, CHENNAI

In the result, the assessee’s appeal is partly allowed

ITA 509/CHNY/2018[2014-15]Status: DisposedITAT Chennai06 Aug 2018AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकरअपीलसं/.I.T.A. No. 509/Chny/2018 "नधा"रणवष"/Assessment Year : 2014-15

For Appellant: Shri Saroj Kumar Parida, AdvocateFor Respondent: Mrs. Ruby George, CIT

…accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Hon’ble Kerala High Court in the case of CIT v. Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Hon’ble Delhi High Court in the case of CI…

ACIT, CHENNAI vs. EAST COAST CONSTRUCTION & INDUSTRIES LIMITED, CHENNAI

In the result, the Revenue’s appeal in ITA No

ITA 1433/CHNY/2016[2012-13]Status: DisposedITAT Chennai14 Feb 2018AY 2012-13

Bench: Shri George Mathan & Shri S. Jayaraman

For Appellant: Shri. G. Baskar, AdvocateFor Respondent: Shri. D. PrabhuMukunthArun Kumar
Section 263bSection 80Section 801ASection 80I

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

ACIT, CHENNAI vs. EAST COAST CONSTRUCTION & INDUSTRIES LIMITED, CHENNAI

In the result, the Revenue’s appeal in ITA No

ITA 1432/CHNY/2016[2011-12]Status: DisposedITAT Chennai14 Feb 2018AY 2011-12

Bench: Shri George Mathan & Shri S. Jayaraman

For Appellant: Shri. G. Baskar, AdvocateFor Respondent: Shri. D. PrabhuMukunthArun Kumar
Section 263bSection 80Section 801ASection 80I

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

ACIT, CHENNAI vs. EAST COAST CONSTRUCTION & INDUSTRIES LIMITED, CHENNAI

In the result, the Revenue’s appeal in ITA No

ITA 1431/CHNY/2016[2009-10]Status: DisposedITAT Chennai14 Feb 2018AY 2009-10

Bench: Shri George Mathan & Shri S. Jayaraman

For Appellant: Shri. G. Baskar, AdvocateFor Respondent: Shri. D. PrabhuMukunthArun Kumar
Section 263bSection 80Section 801ASection 80I

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

EAST COAST CONSTRUCTIONS AND INDUSTRIES LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the Revenue’s appeal in ITA No

ITA 864/CHNY/2015[2010-2011]Status: DisposedITAT Chennai14 Feb 2018AY 2010-2011

Bench: Shri George Mathan & Shri S. Jayaraman

For Appellant: Shri. G. Baskar, AdvocateFor Respondent: Shri. D. PrabhuMukunthArun Kumar
Section 263bSection 80Section 801ASection 80I

…ystem of accounting is entitled for deduction of the expenditure which is incidental to the business on accrual basis though it was not actually incurred during the relevant accounting year. The Kerala High Court in the case of CIT vs Indian Transformers Ltd, 270 ITR 259, held that provision created by the assessee for after sales services based on warranty was towards a definite and ascertained liability. On the basis of relevant facts the provision cannot be treated as a contingent liability and therefore, the same was allowable as deduction. Same view was taken by the Delhi High Court in the case of CIT vs Whi…

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO GE MEDICAL SYSTEMS LTD

Appeals stand disposed of accordingly

ITA/912/2008HC Karnataka07 Jun 2016

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

Section 260

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.912/2008 C/W ITA NO.890/2008 IN ITA NO.912/2008 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, C.R.BUILDING, QUEENS ROAD, BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), C.R. BUILDING, QUEENS ROAD, BANGALORE. ... APPELLANTS (By SRI. K. V. ARAVIND, ADV.) 2 AND: M/S. WIPRO GE MEDICAL SYSTEMS…

THE COMMISSIONER OF INCOME TAX, vs. M/S WIPRO GE MEDICAL SYSTEMS LTD

Appeals stand disposed of accordingly

ITA/890/2008HC Karnataka07 Jun 2016

Bench: JAYANT PATEL,B.SREENIVASE GOWDA

Section 260

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2016 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.912/2008 C/W ITA NO.890/2008 IN ITA NO.912/2008 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, C.R.BUILDING, QUEENS ROAD, BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), C.R. BUILDING, QUEENS ROAD, BANGALORE. ... APPELLANTS (By SRI. K. V. ARAVIND, ADV.) 2 AND: M/S. WIPRO GE MEDICAL SYSTEMS…

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO GE MEDICAL SYSTEMS LTD

Appeal is partly allowed

ITA/902/2008HC Karnataka19 Jan 2016

Bench: S.SUJATHA,N.K.PATIL

Section 10ASection 260Section 260A

…tions made in Question No.1, we are not inclined to remit the matter back to the Assessing Officer on this issue more particularly, this issue being covered by the Judgment of the Coordinate Bench of this Court in the very same assessee’s case reported in 270 ITR 259 and 278 ITR 337 confirmed by the Apex Court in Rotork Controls Case (supra). Re. Question No.3 10. Both the learned counsel appearing for the parties agree that the issue involved in this question is covered against the revenue by the Judgment of this Court in ITA No.3202/2005 disposed of on 28.02.2012. 11. In view of the Judg…