CIT v. Shri Ram Pistons and Rings Ltd.

220 CTR 404High Court2008#1520 most cited

What is CIT v. Shri Ram Pistons and Rings Ltd. authority for?

The Income Tax Department should not expend significant time and energy on tax-neutral issues that do not affect the overall tax collection, particularly when determining the year of taxability of income where tax rates remain constant.

75

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2009 to 2025.

Also referred to as

CIT v. Shri Ram Pistons and Rings Ltd. · tax neutral issues · year of taxability · departmental energy · section 143(3) · section 142(1) · section 132(4) · CIT v. Nagri Mills Co. Ltd. · CIT v. Triveni Engg. & Industries Ltd.

Also reported as

174 Taxmann 147

Sections most often in play

Section 143(3)Section 142(1)Section 143(2)Section 127Section 132(4)Section 132(4A)Section 133(6)Section 133A

Issues it is cited on

section 36(i)(va)true and full disclosuresection 153(a)retraction of statementsection 145(2)retracted statementproject completion methodcorporate guaranteestatement under section 132(4)written down valuepercentage completion methodput to use

Judgments citing CIT v. Shri Ram Pistons and Rings Ltd.

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)

…f the assessee or the tax that the Department is likely to collect from him whether in one year or the other." 12.1 The aforesaid observation of the Bombay High Court was reiterated by the Delhi High Court in the case of CIT vs Shri Ram Pistos and Rings Ltd, 220 CTR 404, as under: "Finally, we may only mention what has been articulated by the Bombay High Court in CIT v. Nagri Mills Co. Ltd. [1958] 33 ITR 681 (Bom) as follows : . . . In the reference that is before us there is no doubt that the assessee had incurred an expenditure. The only dispute is regarding the date on which the liability had crystallized.…

ACIT 28(2), Mumbai vs. M/S. Neel Siddhi Developers, Mumbai

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

ITA 1693/MUM/2020[2012-13]Status: DisposedITAT Mumbai22 Nov 2022AY 2012-13

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadaleacit 28(2) Vs. M/S Neel Siddhi Room No. 307, 3Rd Floor Developers, Tower No. 6, Vashi Rly 2Nd Floor, Emerald, Stn Complex, Vashi Plot No. 195/B, Navi Mumbai – 400703 Sec-12, Vashi, Navi Mumbai – 400 703. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagfn2744N Appellant .. Respondent Appellant By : Shri Chetan M. Kacha.Dr Respondent By : Shri Subodh Ratnaparkhi.Ar Date Of Hearing 14.11.2022 Date Of Pronouncement 24.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals)- 26, Mumbai Passed U/S 143(3) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Chetan M. Kacha.DRFor Respondent: Shri Subodh Ratnaparkhi.AR
Section 143(2)Section 143(3)

…ore, it is not as if the Fo of tax remained the same in subsequent assessment year entirely academic or have revenue to continue with th fruitless (on merits) but also Previously, the Hon'ble Bom Ltd. 33 ITR 661 has also reiterated by the Hon'ble De Rings Ltd 220 CTR 404. has been offered to tax in completed and the asses accounting right since its the Revenue in disturb Accordingly, the addition is accordingly deleted. 'Allowed'. 7. The Ld. AR also has brought on record the earlier year decision for A.Y.2011-12, were the revenue has filed an appeal before the Honble Tribunal and was dismissed. We consider it ap…

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

In the result, the appeal of the Revenue stands dismissed

ITA 99/LKW/2022[2017-18]Status: DisposedITAT Lucknow05 Aug 2022AY 2017-18

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 133ASection 143(3)Section 145Section 147

…I.T.A. No.99/Lkw/2022 Assessment Year:2017-18 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘B’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER I.T.A. No.99/Lkw/2022 Assessment Year:2017-18 Dy.C.I.T., Vs. Shri Mohammad Asfand Akhtar, Central Circle-2, Plot No.02, Block-B, Scheme-39, Kanpur. Ram Rai Ki Sarai, Jajmau, Kanpur. PAN:AEMPA0823R (Appellant) (Respondent) Appellant by Shri Ashish Jaiswal, Advocate Respondent by Smt. Sheela Chopra, CIT (DR) Date of hearing 18/07/2022 Date of pronouncement 05/08/2022 O R D E R PER T. S. KAPOOR, A.M. This is an appeal…

Joint Commissioner of Income-Tax, Special Range, Kanpur vs. M/S.Asfand Akhtar, Kanpur

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 703/LKW/2018[2016-17]Status: DisposedITAT Lucknow06 Apr 2022AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

…I.T.A. Nos.701, 702, 582 & 703/Lkw/2018 1 C.O. No.3,4,17 & 5/Lkw/2019 Assessment. Yrs:2013-14 to 2016017 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA Nos.701, 702, 582 & 703/Lkw/2018 Assessment Years:2013-14 to 16-17 Jt. C.I.T., Vs. M/s Afsand Akhtar, Special Range, Plot No. 2, Scheme-39, Kanpur. Jajmau, Kanpur. PAN:AEMPA0823r (Appellant) (Respondent) C.O.Nos.3, 4, 17 & 5/Lkw/2019 (in ITA Nos.701, 702, 582 & 703/Lkw/2018) Assessment Years:2013-14 to 16-17 M/s Afsand Akhtar, Vs. Jt. C.I.T., Plot No. 2, Sche…

Joint Commissioner of Income-Tax, Special Range, Kanpur vs. M/S.Asfand Akhtar, Kanpur

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 702/LKW/2018[2014-15]Status: DisposedITAT Lucknow06 Apr 2022AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

…I.T.A. Nos.701, 702, 582 & 703/Lkw/2018 1 C.O. No.3,4,17 & 5/Lkw/2019 Assessment. Yrs:2013-14 to 2016017 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA Nos.701, 702, 582 & 703/Lkw/2018 Assessment Years:2013-14 to 16-17 Jt. C.I.T., Vs. M/s Afsand Akhtar, Special Range, Plot No. 2, Scheme-39, Kanpur. Jajmau, Kanpur. PAN:AEMPA0823r (Appellant) (Respondent) C.O.Nos.3, 4, 17 & 5/Lkw/2019 (in ITA Nos.701, 702, 582 & 703/Lkw/2018) Assessment Years:2013-14 to 16-17 M/s Afsand Akhtar, Vs. Jt. C.I.T., Plot No. 2, Sche…

Joint Commissioner of Income-Tax, Special Range, Kanpur vs. M/S.Asfand Akhtar, Kanpur

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 701/LKW/2018[2013-14]Status: DisposedITAT Lucknow06 Apr 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

…I.T.A. Nos.701, 702, 582 & 703/Lkw/2018 1 C.O. No.3,4,17 & 5/Lkw/2019 Assessment. Yrs:2013-14 to 2016017 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA Nos.701, 702, 582 & 703/Lkw/2018 Assessment Years:2013-14 to 16-17 Jt. C.I.T., Vs. M/s Afsand Akhtar, Special Range, Plot No. 2, Scheme-39, Kanpur. Jajmau, Kanpur. PAN:AEMPA0823r (Appellant) (Respondent) C.O.Nos.3, 4, 17 & 5/Lkw/2019 (in ITA Nos.701, 702, 582 & 703/Lkw/2018) Assessment Years:2013-14 to 16-17 M/s Afsand Akhtar, Vs. Jt. C.I.T., Plot No. 2, Sche…

Joint Commissioner of Income-Tax, Special Range, Kanpur vs. M/S.Asfand Akhtar, Kanpur

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 582/LKW/2018[2015-16]Status: DisposedITAT Lucknow06 Apr 2022AY 2015-16

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

…I.T.A. Nos.701, 702, 582 & 703/Lkw/2018 1 C.O. No.3,4,17 & 5/Lkw/2019 Assessment. Yrs:2013-14 to 2016017 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER ITA Nos.701, 702, 582 & 703/Lkw/2018 Assessment Years:2013-14 to 16-17 Jt. C.I.T., Vs. M/s Afsand Akhtar, Special Range, Plot No. 2, Scheme-39, Kanpur. Jajmau, Kanpur. PAN:AEMPA0823r (Appellant) (Respondent) C.O.Nos.3, 4, 17 & 5/Lkw/2019 (in ITA Nos.701, 702, 582 & 703/Lkw/2018) Assessment Years:2013-14 to 16-17 M/s Afsand Akhtar, Vs. Jt. C.I.T., Plot No. 2, Sche…

Hero Moto Corp Ltd., New Delhi vs. Neac, Delhi

ITA 706/DEL/2021[2016-17]Status: DisposedITAT Delhi26 Nov 2021AY 2016-17

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri Surendra Pal
Section 143(3)Section 144BSection 144CSection 144C(13)Section 145Section 1lSection 80ISection 92C

…Engine Valves Ltd. : 138 ITR 217 (Del)  CIT vs. Bhai Sunder Dass& Sons P. Ltd. : 158 ITR 195 (Del)  CIT vs. Lumax Industries Ltd. : 173 Taxman 390 (Del)  Shriram Pistons & Rings Ltd. vs. CIT : 171 Taxman 81 (Del)  CIT vs. Shri Ram Pistons and Rings Ltd. : 220 CTR 404 (Del)  Goodyear India Ltd. vs. ITO : 73 ITD 189 (Del)(TM)  ITO vs. Shivani Locks : 118 TTJ 467 (Del)  Climate Systems India Ltd. vs. CIT: 319 ITR 113 (Del-HC)  CIT vs. Sharda Motor Industries Ltd: 319 ITR 109 (Del-HC)  CIT vs. EsselPropack 325 ITR 185 (Bom)  CIT v. Modi Revlon (P) Ltd: (2012) 9 TMI 48 (Del.)  Mafatlal Denim Ltd. V. DCIT: 2…

Dy. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Forest Corporation, Lucknow

In the result, the appeal of the Revenue stands dismissed

ITA 574/LKW/2019[2016-17]Status: DisposedITAT Lucknow21 Sept 2021AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2016-17

Section 11Section 12ASection 2(15)

…I.T.A. No.574/Lkw/2019 Assessment Year:2016-17 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘A’, LUCKNOW BEFORE SHRI A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER Assessment Year:2016-17 Dy.C.I.T. (Exemption), Vs. M/s U.P. Forest Corporation, Lucknow. 21/475, Indira Nagar, Lucknow. PAN:AAATU3944K (Appellant) (Respondent) Appellant by Smt. Namita Pandey, CIT, D.R. Respondent by Shri D. D. Chopra, D.R. Date of hearing 08/09/2021 Date of pronouncement 22/09/2021 O R D E R PER T. S. KAPOOR, A.M. This is an appeal filed by the Revenue against the order of learned CIT(A) dated 16/0…

ACIT, Circle-9(1), New Delhi vs. Fcc Clutch India P.Ltd, Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 443/DEL/2019[2013-14]Status: DisposedITAT Delhi30 Jul 2021AY 2013-14

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT Circle-9(1), New Delhi vs. Fcc Clutch India Pvt Ltd(Successor of Fcc Rico Ltd.), Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 3667/DEL/2019[2009-10]Status: DisposedITAT Delhi30 Jul 2021AY 2009-10

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT Circle-9(1), New Delhi vs. Fcc Clutch India Pvt Ltd(Successor of Fcc Rico Ltd.), Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 3664/DEL/2019[2011-12]Status: DisposedITAT Delhi30 Jul 2021AY 2011-12

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT Circle-9(1), New Delhi vs. Fcc Clutch India Pvt Ltd(Successor of Fcc Rico Ltd.), Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 3663/DEL/2019[2010-11]Status: DisposedITAT Delhi30 Jul 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT, Circle-9(1), New Delhi vs. Fcc Clutch India P.Ltd, Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 1504/DEL/2019[2015-16]Status: DisposedITAT Delhi30 Jul 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT, Circle-9(1), New Delhi vs. Fcc Clutch India P.Ltd, Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 1503/DEL/2019[2014-15]Status: DisposedITAT Delhi30 Jul 2021AY 2014-15

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

ACIT, Circle-9(1), New Delhi vs. Fcc Clutch India P.Ltd, Gurgaon

In the result, all the appeals of revenue are dismissed

ITA 1502/DEL/2019[2012-2013]Status: DisposedITAT Delhi30 Jul 2021AY 2012-2013

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri K.M. Gupta, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT(DR)
Section 143(3)Section 147

…witchgear Ltd vs. CIT 232 1TR 359 relied upon by the,. AO while deciding the issue. The Ld. CIT(A) has relied upon the judgment or— Hon’ble Delhi High Court in the case of CIT vs. JK Synthetics Ltd. [2009] 309 ITR 371 and CIT vs. Shri Ram Pistons & Rings Ltd. 220 CTR 404 (Delhi) along with other judgments and has allowed the issue in favour of the appellant. Since there is no change in facts to take a different view, in order to maintain judicial consistency and following the doctrine of judicial discipline, the addition made by the AO is deleted and the grounds of appeal are allowed.” 6. Before us the Ld. DR had…

Hero Motocrop Ltd., New Delhi vs. ACIT, Circle- 11(1), New Delhi

The appeal of the assessee is partly allowed

ITA 9187/DEL/2019[2015-16]Status: DisposedITAT Delhi13 Apr 2021AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri O.P. Kantassessment Year: 2015-16

Section 115JSection 143(3)Section 144CSection 145ASection 80ISection 92C

…ngine Valves Ltd. : 138 ITR 217 (Del) • CIT vs. Bhai Sunder Dass & Sons P. Ltd. : 158 ITR 195 (Del) • CIT vs. Lumax Industries Ltd. : 173 Taxman 390 (Del) • Shriram Pistons & Rings Ltd. vs. CIT : 171 Taxman 81 (Del) • CIT vs. Shri Ram Pistons and Rings Ltd. : 220 CTR 404 (Del) • Goodyear India Ltd. vs. ITO : 73 ITD 189 (Del)(TM) • ITO vs. Shivani Locks : 118 TTJ 467 (Del) • Climate Systems India Ltd. vs. CIT: 319 ITR 113 (Del-HC) • CIT vs. Sharda Motor Industries Ltd: 319 ITR 109 (Del-HC) • CIT vs. Essel Propack 325 ITR 185 (Bom) • CIT v. Modi Revlon (P) Ltd: (2012) 9 TMI 48 (Del.) • Mafatlal Denim Ltd. V. DCIT:…

M/S. Oil Industry Developement Board, New Delhi vs. DCIT, New Delhi

Appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 4425/DEL/2014[2008-09]Status: DisposedITAT Delhi09 Dec 2020AY 2008-09

Bench: Shri Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Oil Industry Development Vs Dcit Board Circle-31(1) 301, World Trade Centre, New Delhi Babar Road New Delhi Aaajo0032A (Appellant) (Respondent) Acit Vs Oil Industry Development Circle-31(1) Board New Delhi 301, World Trade Centre, Babar Road, New Delhi (Appellant) Aaajo0032A (Respondent)

Section 36(1)(xii)

…e in both the years, department should not fritter away its energies in raising questions as to the year of deductibility/taxability. The Ld. AR also relied upon the Hon’ble jurisdictional High Court’s decision in case of CIT vs. Shri Ram Pistons & Rings Ltd [220 CTR 404] wherein it is held that when there was no change in the rate of tax for the particular Assessment Year, the question, therefore, is only with regard to the year of deduction and it is not necessary to determine the year of taxability of the amount. 7. The Ld. DR submitted that the assessee has changed the accounting system without any proper ca…

ACIT, New Delhi vs. M/S. Oil Industry Development Board, New Delhi

Appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 3567/DEL/2014[2008-09]Status: DisposedITAT Delhi09 Dec 2020AY 2008-09

Bench: Shri Anil Chaturvedi & Ms Suchitra Kamble(Through Video Conferencing) Oil Industry Development Vs Dcit Board Circle-31(1) 301, World Trade Centre, New Delhi Babar Road New Delhi Aaajo0032A (Appellant) (Respondent) Acit Vs Oil Industry Development Circle-31(1) Board New Delhi 301, World Trade Centre, Babar Road, New Delhi (Appellant) Aaajo0032A (Respondent)

Section 36(1)(xii)

…e in both the years, department should not fritter away its energies in raising questions as to the year of deductibility/taxability. The Ld. AR also relied upon the Hon’ble jurisdictional High Court’s decision in case of CIT vs. Shri Ram Pistons & Rings Ltd [220 CTR 404] wherein it is held that when there was no change in the rate of tax for the particular Assessment Year, the question, therefore, is only with regard to the year of deduction and it is not necessary to determine the year of taxability of the amount. 7. The Ld. DR submitted that the assessee has changed the accounting system without any proper ca…

DCIT, New Delhi vs. M/S. Dlf Ltd., New Delhi

ITA 4436/DEL/2013[2009-10]Status: DisposedITAT Delhi10 Sept 2020AY 2009-10

Bench: Sh. Prashant Maharishi & Sh. K. Narashimha Chary(Through Video Conferencing) Assessment Year: 2009-10 Dlf Limited Addl. Cit Dlf Centre, (9Th Floor) Vs Range-10 Sansad Marg, 404, C. R. Building New Delhi-110001 New Delhi Pan No.Aaacd3494N (Appellant) (Respondent) Dcit Vs. Dlf Ltd. Circle –7 (1) Sansad Marg New Delhi New Delhi Pan No. Aaacd3494N (Appellant) (Respondent)

Section 14ASection 23(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH „B‟, NEW DELHI BEFORE SH. PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SH. K. NARASHIMHA CHARY, JUDICIAL MEMBER (Through Video Conferencing) Assessment Year: 2009-10 DLF Limited Addl. CIT DLF Centre, (9th Floor) Vs Range-10 Sansad Marg, 404, C. R. Building New Delhi-110001 New Delhi PAN No.AAACD3494N (APPELLANT) (RESPONDENT) DCIT Vs. DLF Ltd. Circle –7 (1) Sansad Marg New Delhi New Delhi PAN No. AAACD3494N (APPELLANT) (RESPONDENT) Appellant by Sh. R. S. Singhvi, CA Sh. Satyajeet, CA Respondent by Ms. Nidhi Srivastava, CIT DR Last Date of hearing: 14/08/2020 Date of P…