CIT v. McMillan & Co.

33 ITR 182Supreme Court of India1958#629 most cited

What is CIT v. McMillan & Co. authority for?

The Income Tax Officer (ITO), even when accepting the assessee's method of accounting, is not bound by the profit figures shown in the accounts and can still determine the correct profits.

156

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. McMillan & Co. · McMillan & Co. 33 ITR 182 · Section 145 · Section 145(3) · method of accounting · AO not bound by profit figures · assessment of business profits · income tax officer powers · accepted accounting method · profit computation

Issues it is cited on

Judgments citing CIT v. McMillan & Co.

Srinath Reddy Nalla, Hyderabad vs. Income Tax Officer, Ward-6(2), Hyderabad

In the result, the appeal of the assessee is dismissed

ITA 1233/HYD/2019[2013-14]Status: DisposedITAT Hyderabad18 Oct 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2013-14 Shri Srinath Reddy Nalla, Vs. Income Tax Officer, R/O.Hyderabad. Ward – 6(2), Pan : Aagpn8178E. Hyderabad (Appellant) (Respondent) Assessee By: Shri A. Srinivas, Ca Revenue By: Shri Kumar Aditya Date Of Hearing: 17/10/2022 Date Of Pronouncement: 18/10/2022 O R D E R Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Passed By The Learned Commissioner Of Income Tax (Appeal) – 6, Hyderabad Relating To A.Y.2013-14. Ita 1233/Hyd/2019

For Appellant: Shri A. Srinivas, CAFor Respondent: Shri Kumar Aditya
Section 144Section 145(3)Section 50

…that there are valid grounds in existence warranting rejection of books of account and estimation of income. In this regard, reliance is placed on the following judicial precedents: 1. Kachwala Gems Vs JCIT [20071288 ITR 10(SC): 2. CIT Vs. McMillan & Co[1958]33 ITR 182(SC) : 3. Bastiram Narayan Das Vs CIT 119941 210 ITR 438 (Bom): 4. Awadesh Pratap Sing Abdul Rahman & Bros. Vs CIT [1994] 76 Taxman106 [All) 5. Champalal Chowdary Vs DCIT [2012154 SOT 398(Jaipur —Trib). 6. CIT Vs Bhawan & Path Nirman (Bohra & Co) [2002]258 ITR 676 (Raj). 7. CIT Vs K. Y. Pillaiah & Sons (19671 63 ITR 411(SC). 7.27 The facts and ci…

Asstt. CIT-32(1), Mumbai vs. Sunitaben Shantilal Patel, Mumbai

In the result, appeal of the Revenue is dismissed in terms of aforesaid findings

ITA 111/MUM/2021[2015-16]Status: DisposedITAT Mumbai01 Jul 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalasst. Commissioner Of Income Tax-32(1), Room No. 702, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051. ...... Appellant Vs. Sunitaben Shantilal Patel, 1903, Siddhivinayak Tower Chs Ltd. Link Road, Sudhendra Nagar, Dahisar (E), Mumbai-400068. Pan: Afhpp0267N ..... Respondent Appellant By : Sh. B.K. Bagchi, Sr. Dr Respondent By : Sh. Jigaar Mehta, Ar Date Of Hearing : 30/06/2022 Date Of Pronouncement : 01/07/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-44, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 13.08.2020 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: 1. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Rejecting The Audited Books Of Accounts & Reducing The Turnover To Rs. 9,50,35,865/- Against Turnover Of Rs. 12,05,07,568/- As Disclosed In The Audited Books Of Accounts.” 2. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Eliminating He Profits To 8% Of The Reduced Turnover Against Addition Of Rs. 8,49,87,993/- Made By The Ao.”

For Appellant: Sh. B.K. Bagchi, Sr. DRFor Respondent: Sh. Jigaar Mehta, AR
Section 142(1)Section 271(1)

…me on cash basis whereas at certain other instances, the same is accounted for on accrual basis. The Income Tax Act, 1961 does not permit such hybrid system of accounting as per section 145 of the Act. 19. Ld. CIT(A) relied on CIT Vs. Mc Millan and Co. (1958) 33 ITR 182 (SC), which empowers CIT appeal to reject the books of accounts of the assessee by invoking the provisions of section 145(3) of the Act. Ld. CIT(A) worked out turnover of the assessee at Rs. 9,50,35,865/- as against the turnover of Rs. 9,30,08,560/- offered by the assessee. Ld. CIT(A) worked out income of the appellant at Rs. 76,02,870/- being a s…