CIT v. Nagri Mills Co. Ltd.

33 ITR 681High Court1958#590 most cited

What is CIT v. Nagri Mills Co. Ltd. authority for?

An addition to income is revenue neutral if its tax impact remains the same regardless of the year in which it is assessed. Assessments should not dispute the year of addition when the tax rate and impact are consistent, to avoid unnecessary disputes and potential loss to revenue.

165

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2010 to 2025.

Also referred to as

CIT v. Nagri Mills Co. Ltd. · 33 ITR 681 · revenue neutral · timing difference · pragmatic view · year of addition · impact of tax · loss to revenue · permissible deduction · Income Tax Act

Sections most often in play

Section 143(3)Section 14ASection 36(1)(vii)Section 194HSection 37(1)Section 40(a)(ia)Section 115JBSection 133(6)

Issues it is cited on

section 145(1)section 211section 145(2)project completion methodsection 35dpercentage completion methodsection 21written down valuemercantile system of accountingretracted statementsection 35section 34

Judgments citing CIT v. Nagri Mills Co. Ltd.

Joint Commissioner of Income Tax (OSD), Central Circle-20, Delhi vs. M B Power (Madhya Pradesh) Ltd., Delhi

In the result, appeal of the Revenue is dismissed

ITA 267/DEL/2024[2021-22]Status: DisposedITAT Delhi19 Dec 2025AY 2021-22

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

Mb Power (Madhya Pradesh) Limited, Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

ITA 211/DEL/2024[2021-22]Status: DisposedITAT Delhi19 Dec 2025AY 2021-22

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. Mb Power (Madhya Pradesh) Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3923/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. M. B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3874/DEL/2023[2016-17]Status: DisposedITAT Delhi19 Dec 2025AY 2016-17

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

Deputy Commissioner of Income Tax, Central Circle - 20, Delhi vs. M.B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3870/DEL/2023[2017-18]Status: DisposedITAT Delhi19 Dec 2025AY 2017-18

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

Mb Power (Madhya Pradesh) Limited, South East Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3850/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 715/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…eed to be answered does not arise. We, therefore, dismiss this appeal on this ground alone.” (emphasis supplied) Further, The Hon’ble Delhi High Court also reiterated the observations made by Justice Tendolkar in the case of CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.) (refer Page 604-606 of Paper Book Vol-2), which reads as under: “We have often wondered why the Income-tax authorities, in a matter such as this where the ITA No.713/Del/2024 & Others deduction is obviously a permissible deduction under the Income- tax Act, raise disputes as to the year in The which the deduction should be allowed. questio…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 714/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…eed to be answered does not arise. We, therefore, dismiss this appeal on this ground alone.” (emphasis supplied) Further, The Hon’ble Delhi High Court also reiterated the observations made by Justice Tendolkar in the case of CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.) (refer Page 604-606 of Paper Book Vol-2), which reads as under: “We have often wondered why the Income-tax authorities, in a matter such as this where the ITA No.713/Del/2024 & Others deduction is obviously a permissible deduction under the Income- tax Act, raise disputes as to the year in The which the deduction should be allowed. questio…

DCIT, Circle-7(1), Delhi vs. Dlf Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 713/DEL/2024[2019-20]Status: DisposedITAT Delhi30 Oct 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…eed to be answered does not arise. We, therefore, dismiss this appeal on this ground alone.” (emphasis supplied) Further, The Hon’ble Delhi High Court also reiterated the observations made by Justice Tendolkar in the case of CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.) (refer Page 604-606 of Paper Book Vol-2), which reads as under: “We have often wondered why the Income-tax authorities, in a matter such as this where the ITA No.713/Del/2024 & Others deduction is obviously a permissible deduction under the Income- tax Act, raise disputes as to the year in The which the deduction should be allowed. questio…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 677/DEL/2024[2021-22]Status: DisposedITAT Delhi30 Oct 2025AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…eed to be answered does not arise. We, therefore, dismiss this appeal on this ground alone.” (emphasis supplied) Further, The Hon’ble Delhi High Court also reiterated the observations made by Justice Tendolkar in the case of CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.) (refer Page 604-606 of Paper Book Vol-2), which reads as under: “We have often wondered why the Income-tax authorities, in a matter such as this where the ITA No.713/Del/2024 & Others deduction is obviously a permissible deduction under the Income- tax Act, raise disputes as to the year in The which the deduction should be allowed. questio…

Dlf Limited, Delhi vs. National Faceless Assessment Centre, Delhi

In the result, appeal of the Revenue is dismissed

ITA 676/DEL/2024[2020-21]Status: DisposedITAT Delhi30 Oct 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal

Section 142(1)Section 143(2)Section 143(3)Section 14A

…eed to be answered does not arise. We, therefore, dismiss this appeal on this ground alone.” (emphasis supplied) Further, The Hon’ble Delhi High Court also reiterated the observations made by Justice Tendolkar in the case of CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.) (refer Page 604-606 of Paper Book Vol-2), which reads as under: “We have often wondered why the Income-tax authorities, in a matter such as this where the ITA No.713/Del/2024 & Others deduction is obviously a permissible deduction under the Income- tax Act, raise disputes as to the year in The which the deduction should be allowed. questio…

Surbhit Impex Private Limited, Mumbai vs. Principal Commissioner of Income Tax -8, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2570/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Oct 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Prabhash Shankar

For Appellant: Shri K. Shivaram Sr. Adv.& Shri Shashi Bekkal, ARFor Respondent: Shri Vivek Perampurna, (CIT-DR)
Section 147Section 263Section 41(1)

…come and hence there is no loss of revenue. Hence, there is no cessation of liability of Rs.3,13,65,060/-in AY 2018-19.Reliance in this regard is placed on the decision of the hon'ble Jurisdictional High Court in the case of CIT V. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom)(HC).It is also sub mitted that the Hon'ble Jurisdictional High Court in the case of CIT v. Aditya Builders [[2015] 378 ITR 75 (Bom)(HC) where the assessee had paid the taxes under a different method of accounting, it was held that the most appropriate method of accounting to correctly reflect a true financial statement is a matter of opinion…

Dy.Commissioner of Income Tax, CC-2, Kanpur vs. Shri.Mohammad Asfand Akhtar, Kanpur

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…that though mercantile system of accounting is on accrual basis but there is an agreement, which indicates the point of time when the liability would accrue and arise, the principle of rendering* services would not avail. In CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.), which reads as under; We have often wondered why the IT authorities, in a matter such as this where the deduction is obviously a permissible deduction under the IT Act, raise disputes as to the year in which the deduction should be allowed. The question as to the year in which a deduction is allowable may be material when the rate of tax c…

Mohd. Asfand Akhtar, Kanpur vs. Deputi Commissioner of Income Tax CC-2, Kanpur

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…that though mercantile system of accounting is on accrual basis but there is an agreement, which indicates the point of time when the liability would accrue and arise, the principle of rendering* services would not avail. In CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom.), which reads as under; We have often wondered why the IT authorities, in a matter such as this where the deduction is obviously a permissible deduction under the IT Act, raise disputes as to the year in which the deduction should be allowed. The question as to the year in which a deduction is allowable may be material when the rate of tax c…

Housing & Urban Development Corporation Ltd, New Delhi vs. Addl. CIT, Range-4, New Delhi

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

ITA 7865/DEL/2018[2007-08]Status: DisposedITAT Delhi25 Apr 2025AY 2007-08

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

For Appellant: Shri Gagan Kumar, AdvFor Respondent: Shri Dayainder Singh Sidhu, CIT-DR
Section 14ASection 36(1)(viia)

…year. The same becomes NPA when we reach September of the following year. Reliance in this regard is placed on Commissioner of Income-tax v. Excel Industries Ltd, [2013] 358 ITR 295 (SC) [@para 32] and Commissioner of Income-tax v. Nagri Mills Co, Ltd, [1958] 33 ITR 681 (Bombay) [@para 3].” 18. We have heard the rival submissions and have perused the relevant material on record. This issue was decided by the hon’ble Delhi High Court against the assessee vide its order in ITA 440/2016, 442/2016, 444/2016, 445/2016 & 446/2016 dated 03.07.2017. The assessee’s SLP before the hon’ble Supreme Court was dismissed ho…

Housing & Urban Development Corporation Ltd (Hudco), New Delhi vs. Addl. CIT, Range-4, New Delhi

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

ITA 7629/DEL/2018[2009-10]Status: DisposedITAT Delhi25 Apr 2025AY 2009-10

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

For Appellant: Shri Gagan Kumar, AdvFor Respondent: Shri Dayainder Singh Sidhu, CIT-DR
Section 14ASection 36(1)(viia)

…year. The same becomes NPA when we reach September of the following year. Reliance in this regard is placed on Commissioner of Income-tax v. Excel Industries Ltd, [2013] 358 ITR 295 (SC) [@para 32] and Commissioner of Income-tax v. Nagri Mills Co, Ltd, [1958] 33 ITR 681 (Bombay) [@para 3].” 18. We have heard the rival submissions and have perused the relevant material on record. This issue was decided by the hon’ble Delhi High Court against the assessee vide its order in ITA 440/2016, 442/2016, 444/2016, 445/2016 & 446/2016 dated 03.07.2017. The assessee’s SLP before the hon’ble Supreme Court was dismissed ho…

Housing & Urban Development Corporation Ltd (Hudco), New Delhi vs. Addl. CIT, Special Range-4, New Delhi

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

ITA 7628/DEL/2018[2008-09]Status: DisposedITAT Delhi25 Apr 2025AY 2008-09

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

For Appellant: Shri Gagan Kumar, AdvFor Respondent: Shri Dayainder Singh Sidhu, CIT-DR
Section 14ASection 36(1)(viia)

…year. The same becomes NPA when we reach September of the following year. Reliance in this regard is placed on Commissioner of Income-tax v. Excel Industries Ltd, [2013] 358 ITR 295 (SC) [@para 32] and Commissioner of Income-tax v. Nagri Mills Co, Ltd, [1958] 33 ITR 681 (Bombay) [@para 3].” 18. We have heard the rival submissions and have perused the relevant material on record. This issue was decided by the hon’ble Delhi High Court against the assessee vide its order in ITA 440/2016, 442/2016, 444/2016, 445/2016 & 446/2016 dated 03.07.2017. The assessee’s SLP before the hon’ble Supreme Court was dismissed ho…

Housing & Urban Development Corporation Ltd (Hudco), New Delhi vs. Addl. CIT, Range-4, New Delhi

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

ITA 7626/DEL/2018[2005-06]Status: DisposedITAT Delhi25 Apr 2025AY 2005-06

Bench: Shri Challa Nagendra Prasad & Shri Naveen Chandra

For Appellant: Shri Gagan Kumar, AdvFor Respondent: Shri Dayainder Singh Sidhu, CIT-DR
Section 14ASection 36(1)(viia)

…year. The same becomes NPA when we reach September of the following year. Reliance in this regard is placed on Commissioner of Income-tax v. Excel Industries Ltd, [2013] 358 ITR 295 (SC) [@para 32] and Commissioner of Income-tax v. Nagri Mills Co, Ltd, [1958] 33 ITR 681 (Bombay) [@para 3].” 18. We have heard the rival submissions and have perused the relevant material on record. This issue was decided by the hon’ble Delhi High Court against the assessee vide its order in ITA 440/2016, 442/2016, 444/2016, 445/2016 & 446/2016 dated 03.07.2017. The assessee’s SLP before the hon’ble Supreme Court was dismissed ho…

M/S. Larsen & Tourbro Ltd., Mumbai vs. Dy Commissioner of Income Tax, Central Circle-2(2) & 5(4), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1010/MUM/2022[2004-05]Status: DisposedITAT Mumbai23 Jan 2025AY 2004-05

Bench: Shri B.R. Baskaran & Shri Anikesh Banerjeeassessment Year : 2004-05 M/S. Larsen & Toubro Ltd., Deputy Commissioner Of L&T House, Income Tax, N.M. Marg, Vs. Central Circle-5(4), Ballard Estate, Fort, [Erstwhile Income Tax Officer-2(2), Mumbai] Mumbai 19Th Floor, Air India Building, Pan : Aaacl0140P Nariman Point, Mumbai (Appellant) (Respondent)

For Appellant: Shri J.D. Mistry &For Respondent: Dr. K.R. Subhash, CIT-DR
Section 143(3)Section 147Section 148Section 80Section 80HSection 80I

…n any case, it is a case of timing difference only and if it is not allowed in AY 2004-05, then the same should be allowed in the earlier years. Placing reliance on the decision rendered by Hon‟ble Bombay High Court in the case of CIT vs. Nagari Mills Co Ltd (33 ITR 681)(Bom) and the decision of Hon‟ble Supreme Court in the case of CIT vs. Excel Industries Ltd (358 ITR 295)(SC), the Ld A.R submitted that no purpose is achieved in litigating on issues relating to timing difference, when there is no impact on tax on shifting of profit from one year to another year. 9.1. The Ld D.R, on the contrary, submitted that t…

DCIT, Ghaziabad vs. M/S. Devidayal Aluminium Industries Pvt. Ltd., Ghaziabad

In the result, appeal of the Revenue is dismissed

ITA 3850/DEL/2016[2007-08]Status: DisposedITAT Delhi08 Jan 2025AY 2007-08

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…s have consistently taken the view that in such cases, the Revenue should not agitate the issue. Reference is made to judgment of jurisdictional High Court in CII v. Dinesh Kumar Goel (2011) 331 ITR 10, wherein, referring to CIT v. Nagri Mills Co. Ltd. (1958) 33 ITR 681 (Bom), Hon'ble Court has observed thus, "....... The receipts relate to the unexecuted packages, which are not shown in the instant year would be shown in the succeeding year. Rate of tax in respect of companies remains the same in all these years. Therefore, the Revenue does not lose anything, as it would receive the tax on this income in the suc…