How many judgments cite CIT v. Tamilnadu Warehousing Corporation?

28 judgments on BharatTax cite CIT v. Tamilnadu Warehousing Corporation (292 ITR 310), spanning 2015 to 2025.

Which sections of the Income Tax Act does CIT v. Tamilnadu Warehousing Corporation come up under?

It is most often cited in judgments turning on Section 139, Section 143(1), Section 143(2), Section 148, Section 154, Section 263.

CIT v. Tamilnadu Warehousing Corporation

292 ITR 310High Court2007#4179 most cited

What is CIT v. Tamilnadu Warehousing Corporation authority for?

For an assessment order to be revised under section 263, it must be both erroneous and prejudicial to the interests of the revenue. Where two possible views exist, an order cannot be considered erroneous simply because the Commissioner disagrees with the Assessing Officer's chosen view.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Tamilnadu Warehousing Corporation · CIT v. Tamilnadu Warehousing Corpn. · 292 ITR 310 · section 263 · erroneous order · prejudicial to revenue · two views possible · assessment order

Sections most often in play

Section 139 Section 143(1)Section 143(2)Section 148 Section 154 Section 263 Section 119 Section 119(2)(b)

Issues it is cited on

remission or cessation of liability section 41(1)section 41 revision under section 263 credit for tds malabar industrial sundry creditors erroneous and prejudicial revenue expenditure capital expenditure section 263 section 26

Judgments citing CIT v. Tamilnadu Warehousing Corporation

Amar Kant Agarwal, Kolkata vs. ITO, Ward - 43(1), Kolkata

Appeal is allowed

ITA 1887/KOL/2018[2013-14]Status: DisposedITAT Kolkata15 May 2019AY 2013-14

Bench: Shri S.S, Godaraassessment Year:2013-14 Amar Kant Agarwal Income Tax Officer, बनाम / Prop: Ruchira Chemical Ward-43(1), 3, Govt. V/S. Corportion, 9, Ram Sevak Place (West), Mullick Lane, Kolkata-001 Kolkata-700007 [Pan No.Acypa 7815 P] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Miraj D Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri C.J. Shah, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-03-2019 सुनवाई क" तार"ख/Date Of Hearing 15-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2013-14, Arises Against The Commissioner Of Income-Tax (Appeals)-13, Kolkata’S Order Dated 24.07.2017 Passed In Case No.312/Cit(A)-13/Kol/2014-15, Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Sole Substantive Dispute That Arose For My Apt Adjudication In The Instant Appeal Is Of Correctness Of Sec.41(1) Cessational Liability Addition Of ₹5 Lac In Respect Of Assessee’S Alleged Sundry Creditors M/S R.K. Trading Co. U/S 41(1) Of The Act. The Cit(A)’S Detailed Discussion Confirming The Impugned Addition Reads As Under:- “4. Decision:- I Have Gone Through The Contention Of The Assessee, The Order Passed By The Ao & The Submissions Made By The Appellant. The Decision Of This Appeal Is Given As Under:- Continued To Show The Amounts As Liability In His Balance Sheet. There Is No Cessation Of Liability. Hon. Madras High Court In Cit V. Tamilnadu Warehousing Corporation (2007) 292 Itr 310 Had Held - ‘The Assessee Had Continued To Show The Admitted Amount Of Rs.8/22/925J- As Liability In The Balance Sheet. The Undisputed Fact Was That It Was A Liability Reflected In The Balance Sheet. Once It Was Shown As Liability By The Assessee, The

Section 143(3)Section 41(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “SMC” KOLKATA Before Shri S.S, Godara, Judicial Member Assessment Year:2013-14 Amar Kant Agarwal Income Tax Officer, बनाम / Prop: Ruchira Chemical Ward-43(1), 3, Govt. V/s. Corportion, 9, Ram Sevak Place (West), Mullick Lane, Kolkata-001 Kolkata-700007 [PAN No.ACYPA 7815 P] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Miraj D Shah, Advocate अपीलाथ" क" ओर से/By Appellant Shri C.J. Shah, JCIT-SR-DR ""यथ" क" ओर से/By Respondent 05-03-2019 सुनवाई क" तार"ख/Date of Hearing 15-05-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R This assessee’s appeal for asse…

Sh. Lok Nath Narang, Prop, New Delhi vs. ITO, Gurgaon

ITA 6708/DEL/2014[2009-10]Status: DisposedITAT Delhi03 Jan 2019AY 2009-10

Bench: Shri N. K. Billaiya & Ms Suchitra Kamblelok Nath Narang, Prop. Vs Ito C/O. M/S. Rra Tax India, Ward-2(1) D-28, South Extension, Part-I Gurgaon New Delhi Pan : Adrpn8014H

Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 234ASection 41(1)Section 68

…is demanded, these are bound to be shown as outstanding. The very fact that these liabilities are appearing in the balance sheet is strong acknowledgement of the dates payable by the assessee as held in the case of CIT vs. Tamil Nadu warehousing Corporation, 292 ITR 310 (Mad.). In case of Ambica Mills vs. CIT 54 ITR 167 (Guj.) it is held that liability shown in the balance sheet is a clear case of acknowledging the liability of such liability cannot be treated to have ceased so as to attract Section 41(1) of the Act. The Ld. AR further submitted that being so, where is the question of holding the said liabilitie…

ITO, Faridabad vs. Sh. Satish Kumar, Faridabad

In the result, the appeal is partly allowed for statistical

ITA 3698/DEL/2010[2007-08]Status: DisposedITAT Delhi06 Nov 2018AY 2007-08

Bench: Shri H.S. Sidhu & Dr. Mitha Lal Meena

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “G”: DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER ITA.No.3698/Del./2010 Assessment Year 2007-08 ITO, Satish Kumar, Ward II(1) vs. Prop. M/s Gaurav Steels, New CGO Complex, Main Road, Mujessar, B-Block, NH-IV, Sector-24, Faridabad. Faridabad. AAVPK4726E (Appellant) (Respondent) Shri Sanjay Tripathi, Sr. DR For Revenue For Assessee Shri Somil Agarwal, Adv. Date of Hearing 31.10.2018 Date of Pronouncement 06.11.2018 ORDER PER DR. MITHA LAL MEENA, A.M. This appeal by Revenue is directed against the order dated 28.0…

ITO, Ward - 3(3), Kolkata vs. M/S. C D Steel Pvt. Ltd., Kolkata

Appeal is dismissed

ITA 1360/KOL/2017[2013-14]Status: DisposedITAT Kolkata29 Aug 2018AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013 14

Section 143(3)Section 271(1)(c)Section 41(1)Section 43BSection 68

…hary (41 taxmann.com 329), CIT Vs Bhogilal Ramjibhai Atara (222 Taxman 313) & CIT Vs Matruprasad C Pandey (59 taxmann.com 428). 14.The Ld. A.Rs reliance on the decision of the Hon'ble Madras High Court in the case of CIT vs Tamil Nadu Warehousing Corporation (292 ITR 310) also appears to be relevant since the facts of the assessee's case were similar to the facts of the decided case. The High Court in the decided case found that the assessee had disclosed in its balance sheet the liabilities outstanding to the trade creditors which were old and brought forward from earlier years. The AO assessed the outstanding l…

ACIT, Circle-36, Kolkata vs. M/S Soorajmull Nagarmull, Kolkata

Appeal is dismissed

ITA 1907/KOL/2016[2001-02]Status: DisposedITAT Kolkata20 Jul 2018AY 2001-02

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2001-02 Acit, Cicle-36, Aayakar V/S. M/S Soorajmull Nagarmull, Bhawan, Poorva, 8Th 8 B.B.D. Bag (East), Floor, 110, Shantipally, Kolkata-700001 Kolkata-107 [Pan No.Aaaab 0601 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Akkal Dudhwewal, Fca ""यथ" क" ओर से/By Respondent 26-06-2018 सुनवाई क" तार"ख/Date Of Hearing 20-07-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2001-02 Calls Into Question Correctness Of The Commissioner Of Income Tax (Appeals)-10, Kolkata’S Order Dated 08.07.2016, Passed In Case No.142/Cit(A)/10/Cir-36/15-16/Kol, Reversing Assessing Officer’S Action Invoking Section 41(1) After Treating The Assessee’S Liability Amount Of ₹12,97,47,322/- To Be A Case Of Cessation Of Liability Assessment Order Dated 30.03.2015, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. We Notice At The Outset That Cit(A)’S Detailed Discussion On The Above Sole Issue Of Cessation Of Liability U/S 41(1)(A) Of The Act Reads As Follows:- “06. Decision: 1. I Have Carefully Considered The Action Of The Ld.Ao In Adding An Amount Of Rs.12,97,47,322/- U/S. 441(1) Of The Income Tax Act, 1961, On Grounds That There Was A Cessation Of Liability On The Part Of The Assessee For The Impugned Amount & That Therefore It Would Constitute Part Of The Income Of The Assessee-Firm. It Is To Be Observed That This Is The 2Nd Round Of The Assessment Order For The A.Y 2001-02, And

Section 139(2)Section 143(3)Section 148Section 250Section 41Section 41(1)Section 41(1)(a)Section 441(1)

Flo Dyne Controls (India) P.Ltd, Mumbai vs. ACIT 10(3), Mumbai

In the result, appeal of the assessee is partly allowed as indicated above

ITA 983/MUM/2016[2011-12]Status: DisposedITAT Mumbai15 Jun 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Flo Dyne Controls (India) Pvt. Ltd., V. Income Tax Officer – 10(3)(1) C/O. Jayesh Sangharjka & Co Llp Charted {Now Known As Income Tax Accountants Officer 15(1)(2)} Unit No. 405, Hind Rajasthan Centre, Aayakar Bhavan, M.K. Road, D.S. Phalke Road, Dadar (E) Mumbai-400 020 Mumbai – 400 014

For Appellant: Shri Ritika AgarwalFor Respondent: Ms. Pooja Swaroop

Section 40Section 41(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI N.K. PRADHAN, HON'BLE ACCOUNTANT MEMBER M/s. Flo Dyne Controls (India) Pvt. Ltd., v. Income Tax Officer – 10(3)(1) C/o. Jayesh Sangharjka & Co LLP Charted {Now known as Income Tax Accountants Officer 15(1)(2)} Unit No. 405, Hind Rajasthan Centre, Aayakar Bhavan, M.K. Road, D.S. Phalke Road, Dadar (E) Mumbai-400 020 Mumbai – 400 014 PAN NO: AABCF 2339 M (Appellant) (Respondent) Assessee by : Shri Ritika Agarwal Department by : Ms. Pooja Swaroop Date of Hearing : 04.04.2018 Date of Pronouncemen…

Income Tax Officer-Ward-12(1), Kolkata vs. M/S Standard Leather Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 2620/KOL/2013[2010-2011]Status: DisposedITAT Kolkata07 Sept 2016AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2010-11

Section 133(6)Section 143(3)Section 40A(3)

…ability. It has been held in the case of Bhavesh Prints reported in 142 TTJ page 128 that simply because some of the creditors were not traceable it cannot be held that the liability is not payable. In the case of Taminadu Ware Housing Corporation reported in 292 ITR 310, it was held that so long the assessee had shown the liability in the balance sheet it cannot be said that the liability has ceased to exist. In the case of Willson and Co. Ltd reported in 121 TTJ 258 (Chennai Tribunal), it was held that unless it was shown by the Department that the liability ceased to exist during the assessment year in questio…

ACIT Cir 25(3), Mumbai vs. Rukmini Iyer, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 6242/MUM/2012[2009-10]Status: DisposedITAT Mumbai28 Oct 2015AY 2009-10

Bench: Shri Shailendra Kumar Yadav & Shri Ashwani Tanejaassessment Year: 2009-10 Acit 25(3) Ms. Rukmini Iyer, R.No.308, C-11, 1002, Doll Apartment Bhatt बनाम/ Bandra Kurla Complex Lane, Vs. Bandra (E) Kandivali (W) Mumbai-400051. Mumbai-400067 (Revenue) (Respondent) P.A. No.Aaapi7916F Revenue By Shri Chandra Vijay (Dr) Respondent By Shri Haresh P. Shah (Ar)

Section 143(3)Section 195Section 4O

…unless demonstrated, they were to be shown as outstanding. These liabilities were appearing in the assessee's balance- sheet, indicating acknowledgment of the debts payable by the asses see, as has been held in CIT v. Tamilnadu Warehousing Corporation [2007] 292 ITR 310 (Mad) and Ambica Mills Ltd. v. CIT [1964] 54 ITR 167 (Guj). As such, these liabilities could not have been treated to have ceased and so, invocation of the provisions of section 41(1) was not at all called for. Moreover, as held by the hon'ble Supreme Court in CIT v. Sugauli Sugar Works P. Ltd. [1999] 236 ITR 518, the cessation of the liability c…