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.

M/S. Mangat Rice & General Mills, Shahkot vs. Income Tax Officer, Nakodar

In the result, the assessee’s appeal is disposed of on the terms aforesaid

ITA 474/ASR/2017[2007-08]Status: DisposedITAT Amritsar06 Dec 2018AY 2007-08

Bench: Sh. Sanjay Arorai.T.A No.474/(Asr)/2017 Assessment Year: 2007-08 Mangat Rice & General Vs. Ito, Nakodar. Mills, Shahkot. Pan: Aabfm 5282B (Appellant) (Respondent) Appellant By: Sh. Gaurav Dhall, Ca Respondent By: Sh. Charan Das, Sr. Dr Date Of Hearing : 13.11.2018 Date Of Pronouncement: 06.12.2018 Order Per Sanjay Arora, A.M. This Is An Appeal Filed By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-2, Jalandhar (‘Cit(A)’ For Short) Dated 23.05.2017, Dismissing The Assessee’S Appeal Contesting Its’ Assessment U/S. 143(3) Of The Income Tax Act, 1961 ('The Act' Hereinafter) For Assessment Year (A.Y.) 2007-08 Vide Order Dated 14.12.2009. 2. The Principal Issue Arising In The Instant Appeal Is The Maintainability In Law & In The Facts & Circumstances Of The Case, Of An Addition For Rs.4.39 Lacs Sustained By The First Appellate Authority. The Background Facts Are That The Assessee, A Partnership Firm In The Business Of Rice Milling, Filed Its’ Return Of Income For The Year On 18.03.2008 Declaring ‘Nil’ Income. It’S Trade Debtors & Trade Creditors, Reflected At Rs.9.42 Lacs & Rs.32.18 Lacs Respectively As At The Year-End, I.E., 31.03.2007, Per Its Final Accounts, Were Sought To Be Verified By The 2 Mangat Rice & General Mills V. Ito Assessing Officer (Ao) By Calling Information There-From U/S.133(6) Of The Act. The Dispute Under Reference Pertains To Two Creditors, As Under: (A) Jai Ram Jagdish Chandra, Mehatpur (Jrjc) : Rs.6,03,837.83 (B) Sohan Singh Satpal, Mehatpur (Sss) : Rs.8,38,871.58

For Appellant: Sh. Gaurav Dhall, CAFor Respondent: Sh. Charan Das, Sr. DR
Section 131Section 131oSection 133(6)Section 143(3)Section 150(1)

…g from and in the course of business, i.e., on first principles, so as to regarded as business income, even if it were not to be codified u/s.41(1) reproduced supra (refer: CIT v. T.V. Sundaram Iyengar & Sons 7 Mangat Rice & General Mills v. ITO Ltd. [1996] 222 ITR 344 (SC)) Even if, therefore, agreeing with the assessee, that it did not pay the creditors, who were therefore paid by someone else, whoever it might be, the assessee stands to gain to that extent qua a trade liability arising in the course of its’ business. Rather, it is only as the same is not paid by the assessee that it benefits from the cessati…

Madras Security Printers Pvt Ltd., Chennai vs. DCIT, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 203/CHNY/2017[2012-2013]Status: DisposedITAT Chennai27 Feb 2018AY 2012-2013

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.203/Mds/2017 "नधा"रण वष"/Assessment Year:2012-13 Madras Security Printers Pvt. Ltd., The Deputy Commissioner Of No. 72, Old No. 781, Th Road, Vs. Income Tax, Chennai – 81. Corporate Circle 4(1), Chennai 600 034. [Pan: Aagcm0599K] (अपीलाथ" /Appellant) (""यथ"/Respondent) Shri N. Devanathan, Advocate अपीलाथ" क" ओर से / Appellant By : ""यथ" क" ओर से/Respondent By : Shri D. Prabhu Mukunth Arunkumar, Jr. Standing Counsel सुनवाई क" तार"ख/ Date Of Hearing : 01.02.2018 घोषणा क" तार"ख /Date Of Pronouncement : 27.02.2018 आदेश /O R D E R Per Duvvuru Rl Reddy:

For Respondent: Shri D. Prabhu Mukunth Arunkumar

…A. No.203/M/17 4. On being aggrieved, the assessee is in appeal before the Tribunal. By relying on the grounds appeal, the ld. Counsel for the assessee vehemently argued that the ld. CIT(A) went in wrong to rely the decision in the case of TVS & Sons Ltd. in 222 ITR 344 (SC) in conforming the addition. It was also submitted that the Assessing Officer has not made any extensive enquiry with regard to the trade advance with ILFS and simply presumed that it is income of the assessee. Further, it was the submission that the authorities below failed to note that the advance was utilized for procuring raw materials an…