CIT v. T.V. Sundaram Iyengar & Sons Ltd.

222 ITR 344Supreme Court of India1996#398 most cited

What is CIT v. T.V. Sundaram Iyengar & Sons Ltd. authority for?

Unclaimed deposits received in the course of trading transactions and sundry credit balances written back are taxable as business income under Section 41(1) of the Income-tax Act, 1961, as they constitute a cessation of trading liability.

223

judgments rely on this decision, according to BharatTax’s citation analysis of 367,514 Indian tax judgments — from 2002 to 2026.

Also referred to as

CIT v. T.V. Sundaram Iyengar & Sons Ltd. · 222 ITR 344 · Section 41(1) · unclaimed trading deposits · sundry credit balances written back · cessation of trading liability · taxability of income · waiver of loan applicability · business income

Issues it is cited on

Judgments citing CIT v. T.V. Sundaram Iyengar & Sons Ltd.

DCIT Corporate Circle 1(1), Chennai vs. Ansaldo Caldaie Boilers India Private Limited, Chennai

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

ITA 1256/CHNY/2019[2014-15]Status: DisposedITAT Chennai19 May 2023AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.: 1256/Chny/2019 िनधा"रण वष" /Assessment Year:2014-15 The Dcit, Ansaldo Caldaie Boilers Corporate Circle 1(1), V. India Pvt. Ltd., Chennai. New No.45 (Old No.45) No.3, 3Rd Floor, Manjula Towers, Ceebros Complex, Egmore, Chennai – 600 008. Pan: Aafca 0623B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Senthil Kumaran, Cit ""यथ" क" ओर से/Respondent By : Shri R. Vijayaraghavan, Advocate सुनवाई क" तारीख/Date Of Hearing : 17.05.2023 घोषणा क" तारीख/Date Of Pronouncement : 19.05.2023

For Appellant: Shri S. Senthil Kumaran, CITFor Respondent: Shri R. Vijayaraghavan, Advocate
Section 143(3)Section 41(1)

…al in nature but when the share application pending allotment was used by assessee for its own business purpose, it became revenue. For this, ld.CIT-DR referred to the decision of Hon’ble Supreme Court in the case of CIT vs. T.V. Sundaram Iyengar & Sons Ltd., 222 ITR 344 and he referred to particular para 23 of the judgment which reads as under:- “In the present case, the money was received by the assessee in the course of carrying on his business. Although it was treated as deposit and was of capital nature at the point of time it was received, by efflux of time the money has become the assessee's own money. Wha…

DCIT, Chennai vs. Cooper Standard Automotive India P Ltd., Chengalput

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

ITA 794/CHNY/2016[2005-06]Status: DisposedITAT Chennai10 Aug 2022AY 2005-06

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.794/Chny/2016 िनधा"रण वष"/Assessment Year: 2005-06 The Deputy Commissioner Of Vs. M/S. Cooper Standard Automotive Income Tax, India P. Ltd., Plot No. 3-A, Ford Corporate Circle 1(2), Supplier Park, Kilkaranai Village, Chennai 600 034. Melrosapuram Post Via Singaperumal Koil, Chengalpet 603 204. [Pan:Aabcc3665P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Varuvooru Sreedhar, Addl. Cit ""थ" की ओर से/Respondent By : Shri R. Meenakshisundaram, Advocate सुनवाई की तारीख/ Date Of Hearing : 08.06.2022 घोषणा की तारीख /Date Of Pronouncement : 10.08.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 05.01.2016 Relevant To The Assessment Year 2005-06. The Only Effective Ground Raised In The Appeal Of The Revenue Is As To Whether The Waiver Of Loan Amount Taken For Business Purposes Is Assessable As Business Income Under Section 28(Iv) R.W.S. 41(1) Of The Income Tax Act, 1961 [“Act” In Short] Or Not.

For Appellant: Shri Varuvooru Sreedhar, Addl. CITFor Respondent: Shri R. Meenakshisundaram, Advocate
Section 143(1)Section 147Section 148Section 28

…er provided the reasons recorded for reopening of the assessment. After considering the detailed reply of the assessee and by following the judgement of the 3 I.T.A. No. 794/Chny/16 Hon’ble Supreme Court in the case of CIT v. TV Sundaram Iyenfgar & Sons Ltd. 222 ITR 344 (SC), the Assessing Officer treated the waiver of loan amounting to ₹.75,99,892/- as income of the year under section 28 of the Act and brought to tax. On appeal, after considering the submissions of the assessee as well as examining various case law, the ld. CIT(A) allowed the ground raised by the assessee. 3. Aggrieved, the Revenue is in appea…

DCIT CC7 (2), Mumbai vs. M/S. Anik Industries Ltd, Mumbai

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

ITA 2267/MUM/2021[2004-05]Status: DisposedITAT Mumbai29 Jul 2022AY 2004-05

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit, Cc-7(2) Vs. M/S Anik Industries Ltd Room No. 655, 3Rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point Mk Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm2696K Appellant .. Respondent Appellant By : Smt Shailja Rai.Dr Respondent By : Shri.Bhupendra Shah.Ar Date Of Hearing 26.07.2022 Date Of Pronouncement 28.07.2022 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) U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt Shailja Rai.DRFor Respondent: Shri.Bhupendra Shah.AR
Section 143(2)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER DCIT, CC-7(2) Vs. M/s Anik Industries Ltd Room No. 655, 3rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point MK Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACM2696K Appellant .. Respondent Appellant by : Smt Shailja Rai.DR Respondent by : Shri.Bhupendra Shah.AR Date of Hearing 26.07.2022 Date of Pronouncement 28.07.2022 आदेश / O R D E R PER PAVAN KUMAR GADALE, JM: The revenue has filed the appeal against the order passed by…