CIT v. Rajasthan Golden Transport Co.(P) Ltd.

249 ITR 723High Court2001#9583 most cited

What is CIT v. Rajasthan Golden Transport Co.(P) Ltd. authority for?

An amount received in the course of a trading transaction, even if not taxable in the year of receipt, becomes taxable income when it becomes the assessee's own money due to limitation or other statutory/contractual rights.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2019 to 2024.

Also referred to as

CIT v. Rajasthan Golden Transport Co.(P) Ltd. · Section 41(1) · trading transaction · cessation of liability · remission of liability · become own money · limitation period

Sections most often in play

Section 133(6)Section 142(1)Section 143(3)Section 271(1)(c)Section 41(1)

Judgments citing CIT v. Rajasthan Golden Transport Co.(P) Ltd.

Saket Agarwal, Jaipur vs. ITO Ward 2(3) Jaipur, Jaipur

In the result appeal filed by the assessee is allowed

ITA 646/JPR/2024[2014-15]Status: DisposedITAT Jaipur01 Oct 2024AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Ms. Satwika Jhan, AdvFor Respondent: Ms. Alka Gautam (CIT) a
Section 143(2)Section 143(3)Section 271(1)(c)Section 41(1)

…would not have paid any interest and that too year after year. Therefore, the liabilities, in our view, certainly did not cease to exist in the year under appeal. 21. The Delhi High Court, in the case of CIT v. Rajasthan Golden Transport Co. (P.) Ltd. (2001) 249 ITR 723 (Del), held that if 20 Saket Agarwal vs. ITO amount is received in the course of a trading transaction, even though it is not taxable in the year of receipt as being of revenue character, the amount changes its character when the amount becomes the assessees own money because of limitation or by any other statutory or contractual right. When suc…

Sh. Pradeep Sawhney, Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 393/DEL/2016[2008-09]Status: DisposedITAT Delhi12 May 2023AY 2008-09

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

For Appellant: Sh. Gautam Jain, AdvFor Respondent: Sh. Kanv Bali, Sr. DR
Section 131Section 133(6)

…e judgment of Hon’ble Karnataka High Court in the case of CIT Vs. Alvares & Thomas (supra) which was relied upon by the ld. AR. 19. Further, the Hon’ble Delhi High Court in the case of Commissioner of Income Tax vs. Rajasthan Golden Transport Company [(2001) 249 ITR 723 (Del.)], the Division Bench of Delhi High Court held that mere fact that some party had unilaterally written back the said amount to profit and loss account did not amount to remission or cessation of liability and therefore, such income could not be treated as assessable under Section 41(1) of the Act, but where an amount is received in the cour…

M/S. Punjab National Bank, New Delhi vs. Addl.CIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 2469/DEL/2014[2010-11]Status: DisposedITAT Delhi09 Jan 2019AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

DCIT, New Delhi vs. M/S. Punjab National Bank, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 2966/DEL/2013[2009-10]Status: DisposedITAT Delhi09 Jan 2019AY 2009-10

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

Punjab National Bank, New Delhi vs. Addl. CIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 2406/DEL/2013[2009-10]Status: DisposedITAT Delhi09 Jan 2019AY 2009-10

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

Punjab National Bank, New Delhi vs. Addl. CIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 4722/DEL/2012[2008-09]Status: DisposedITAT Delhi09 Jan 2019AY 2008-09

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

ACIT, New Delhi vs. M/S. Punjab National Bank, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 4718/DEL/2012[2008-09]Status: DisposedITAT Delhi09 Jan 2019AY 2008-09

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

Punjab National Bank, New Delhi vs. Addl. CIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 1788/DEL/2012[2006-07]Status: DisposedITAT Delhi09 Jan 2019AY 2006-07

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

Punjab National Bank, New Delhi vs. ACIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 4253/DEL/2011[2006-07]Status: DisposedITAT Delhi09 Jan 2019AY 2006-07

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

ACIT, New Delhi vs. Punjab National Bank, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 2469/DEL/2011[2007-08]Status: DisposedITAT Delhi09 Jan 2019AY 2007-08

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

Punjab National Bank, New Delhi vs. ACIT, New Delhi

In the result, assessee’s appeals, namely, ITA Nos

ITA 2236/DEL/2011[2007-08]Status: DisposedITAT Delhi09 Jan 2019AY 2007-08

Bench: Shri Prashant Maharishi & Shri K.Narasimha Chary

For Appellant: S/Shri K. Sampath & V. Raja Kumar, AdvocateFor Respondent: Smt. Sulekha Verma, CIT,DR
Section 14Section 14A

…s, it is difficult to say that either the decision of the Apex Court in the case of T.V.Sundaram Iyengar & Sons Ltd. (supra) or other decisions including the decision of Hon'ble Delhi High Court in the case of CIT Vs. Rajasthan Golden Transport Co.(P) Ltd. - 249 ITR 723 are applicable to the facts of the case. In fact, the Hon'ble Delhi High Court in the case of Rajasthan Golden Transport Co.(P) Ltd. (supra) was concerned with the amounts received in the course of trade transactions. In the decision of the Hon'ble Delhi High Court, the amounts in question were held to be taxable under Section 41(1) of the Act. A…

CIT v. Rajasthan Golden Transport Co.(P) Ltd. (249 ITR 723) — Cited in 11 Judgments | BharatTax