CIT v. Sharda Sugar Industries Ltd.

239 ITR 393High Court1999#13070 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2015 to 2025.

Sections most often in play

Section 145ASection 234BSection 234CSection 36(1)(va)Section 37(1)Section 143(3)

Issues it is cited on

right to receiveliable to taxprevious yearsection 143companysection 14indiatotal incomebusinessinterest

Judgments citing CIT v. Sharda Sugar Industries Ltd.

Rajasthan State Ganganagar Sugar Mills Limited, Jaipur vs. ACIT, Jaipur

In the result the appeal of the assessee is partly allowed

ITA 279/JPR/2024[2017-18]Status: DisposedITAT Jaipur08 May 2025AY 2017-18

Bench: Him The Assessment Order Passed By Acit, Circle-6, Jaipur [ For Short Ao ] U/S 143

For Appellant: Sh. Saurav Harsh, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 143Section 145ASection 36(1)(va)

…ight to receive payment had been in dispute, it could not from part of trading receipt, excess price realized by assessee on levy sugar did not become part of trading receipt and, therefore, was not taxable (d) In the case of Shrda Sugar Industries Ltd (1999) 239 ITR 393, the Bombay High Court held that the law is thus well settled that where the night to receive payment is in dispute, no income will arise or accrue. In this case reliance was placed on the decision of Apex Court in the case of Hindustan Housing and Land Development Trust Ltd. (1986) 161 ITR 524. DCIT vs. Rajasthan State Ganganagar Sugar Mills Lim…

DCIT, Circle-6, Jaipur, Ncrb vs. Rajasthan State Ganganagar Sugar Mills Limited, Nehru Sehkar Bhawan, Jaipur

In the result the appeal of the assessee is partly allowed

ITA 235/JPR/2024[2017-18]Status: DisposedITAT Jaipur08 May 2025AY 2017-18

Bench: Him The Assessment Order Passed By Acit, Circle-6, Jaipur [ For Short Ao ] U/S 143

For Appellant: Sh. Saurav Harsh, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 143Section 145ASection 36(1)(va)

…ight to receive payment had been in dispute, it could not from part of trading receipt, excess price realized by assessee on levy sugar did not become part of trading receipt and, therefore, was not taxable (d) In the case of Shrda Sugar Industries Ltd (1999) 239 ITR 393, the Bombay High Court held that the law is thus well settled that where the night to receive payment is in dispute, no income will arise or accrue. In this case reliance was placed on the decision of Apex Court in the case of Hindustan Housing and Land Development Trust Ltd. (1986) 161 ITR 524. DCIT vs. Rajasthan State Ganganagar Sugar Mills Lim…

Afcons Infrastructure Ltd, Mumbai vs. Pr.CIT 9, Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 3159/MUM/2019[2014-15]Status: DisposedITAT Mumbai17 Mar 2020AY 2014-15

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.3159/Mum/2019 (िनधा"रण वष" / Assessment Year:2014-15) Afcons Infrastructure Limited Pr. Cit-9 16, Afcons House Room No.214, Aaykar Bhavan बनाम/ 2Nd Floor, M.K. Road Shah Industrial Estate Vs. Veera Desai Road, Andheri West Mumbai. Mumbai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaca-9067-G (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ" की ओर से/ Appellant By : S/Shri J.D. Mistry & Nitesh Joshi-Ld. Ars ""थ"कीओरसे/Respondent By : Shri Anadi Varma-Ld.Cit-Dr सुनवाईकीतारीख/ : 05/09/2019 & 19/12/2019 Date Of Hearing घोषणाकीतारीख / : 17/03/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: S/Shri J.D. Mistry & Nitesh Joshi-Ld. ArsFor Respondent: Shri Anadi Varma-Ld.CIT-DR
Section 263

…161 ITR 524), Godhra Electricity Co. Ltd. (1997 225 ITR 746), decision of Hon’ble Bombay High Court in CIT V/s Seksaria Biswan Sugar Factory Pvt. Ltd. (1992 195 ITR 778), CIT V/s Vimla D. Sonwane (1994 212 ITR 489), CIT V/s Sharda Sugar Industries Ltd. (1999 239 ITR 393) and CIT V/s Abdul Mannan Shah Mohammed (2001 248 ITR 614) besides various other decision of Hon’ble High Courts. In the stated background, it was submitted that right to receive the interest was conditional and would entirely depend upon the final outcome of the decision of Hon’ble Courts. The assessee would receive right on such interest only i…

Bhim Singh, Faridabad vs. ITO, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 5654/DEL/2013[2003-04]Status: DisposedITAT Delhi26 Feb 2020AY 2003-04

Bench: Shri H.S. Sidhu & Shri N.K. Billaiya[A.Y 2003-04]

For Appellant: Shri Vivek Agarwal, CAFor Respondent: Shri S.N. Pandey, Sr. DR
Section 142(1)Section 144Section 148Section 282

…of the Hon'ble Supreme Court in the case of Ghansyam Das [HUF] 315 ITR 1, and in so far as the quarrel in respect of taxability of interest is concerned, the same has been settled by the Hon'ble Punjab and Haryana High Court in the case of Smt. Prakash Kaur 330 ITR 332. The relevant findings of the Hon'ble High Court read as under: “In case, the assessee was following mercantile/accrual basis, the same would be discernible from earlier years returns where the assessee would have shown the income on account of interest that might have accrued in those years. Otherwise, it shall be treated that cash/receipt basi…

Commissioner of Income Tax Delhi vs. Ms. Suman Dhamija

ITA/20/2003HC Delhi08 Dec 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…ved or receivable, Section 45 (5) of the Act would have no application. The decision in CIT v. Hindustan Housing and Land Development Trust Ltd. (supra) was still applicable. Reliance was also placed on the decisions in CIT v. Sharda Sugar Industries Ltd. 239 ITR 393 (Bom). and CIT v. Smt. Prakash Kaur 330 ITR 332(P&H), (iii) The decisions of this Court in CIT v. Sharda Kochar and CIT v. Smt. Gulab Sundri Bapna are not applicable as in neither decision, the question whether the two assessees therein had an inchoate right in the title to the asset said to have been transferred was examined. The…

Commissioner of Income Tax Delhi vs. Ms Suman Dhamija

ITA/21/2003HC Delhi08 Dec 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…ved or receivable, Section 45 (5) of the Act would have no application. The decision in CIT v. Hindustan Housing and Land Development Trust Ltd. (supra) was still applicable. Reliance was also placed on the decisions in CIT v. Sharda Sugar Industries Ltd. 239 ITR 393 (Bom). and CIT v. Smt. Prakash Kaur 330 ITR 332(P&H), (iii) The decisions of this Court in CIT v. Sharda Kochar and CIT v. Smt. Gulab Sundri Bapna are not applicable as in neither decision, the question whether the two assessees therein had an inchoate right in the title to the asset said to have been transferred was examined. The…

Commissioner of Income Tax Delhi vs. Ms Suman Dhamija

ITA - 21 / 2003HC Delhi08 Dec 2015

…ved or receivable, Section 45 (5) of the Act would have no application. The decision in CIT v. Hindustan Housing and Land Development Trust Ltd. (supra) was still applicable. Reliance was also placed on the decisions in CIT v. Sharda Sugar Industries Ltd. 239 ITR 393 (Bom). and CIT v. Smt. Prakash Kaur 330 ITR 332(P&H), (iii) The decisions of this Court in CIT v. Sharda Kochar and CIT v. Smt. Gulab Sundri Bapna are not applicable as in neither decision, the question whether the two assessees therein had an inchoate right in the title to the asset said to have been transferred was examined. The…

Commissioner of Income Tax Delhi vs. Ms. Suman Dhamija

ITA - 20 / 2003HC Delhi08 Dec 2015

…ved or receivable, Section 45 (5) of the Act would have no application. The decision in CIT v. Hindustan Housing and Land Development Trust Ltd. (supra) was still applicable. Reliance was also placed on the decisions in CIT v. Sharda Sugar Industries Ltd. 239 ITR 393 (Bom). and CIT v. Smt. Prakash Kaur 330 ITR 332(P&H), (iii) The decisions of this Court in CIT v. Sharda Kochar and CIT v. Smt. Gulab Sundri Bapna are not applicable as in neither decision, the question whether the two assessees therein had an inchoate right in the title to the asset said to have been transferred was examined. The…

CIT v. Sharda Sugar Industries Ltd. (239 ITR 393) — Cited in 8 Judgments | BharatTax