Godhra Electricity Co. Ltd. v. CIT

225 ITR 746Supreme Court of India1997#130 most cited

What is Godhra Electricity Co. Ltd. v. CIT authority for?

Income is not taxable until it actually accrues or is received; hypothetical income, based on a mere claim not yet settled, is not chargeable to tax.

514

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2026.

Also referred to as

Godhra Electricity Co. Ltd. v. CIT · income accrual · hypothetical income · actual receipt · unconfirmed claims · income tax

Sections most often in play

Section 143(3)Section 147Section 148Section 14ASection 40A(3)Section 37(1)Section 142(2A)Section 153A

Issues it is cited on

section 10(31a)section 100section 76undisclosed foreign income and assetssection 142(2c)section 149(1)(c)section 4(2)section 153b(1)(b)section 201(3)section 158basection 153b(1)rectification under section 154

Judgments citing Godhra Electricity Co. Ltd. v. CIT

Ramniklal R Bhadra, Ahmedabad vs. ACIT, Circle-3(3), Ahmedabad

In the result, the appeal filed by the Assessee is hereby allowed

ITA 67/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad29 Oct 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 143(3)Section 234ASection 54F

…basis of assumptions, conjectures and surmises. It is well settled that only Real income can be taxed by the Revenue and not notional income. Reliance is placed on the judgement of Hon'ble Apex Court in case of Godhra Electricity Co. Ltd. -Vs- CIT reported in 225 ITR 746 (SC). 5.3. In any case, the amount paid by the assessee at the time of purchasing property in question cannot be the guiding factor for determining share of assessee in the property in question. In a given case, it might be possible that shares of co-owners are different but the entire payment has been made by a single co-owner which could be on…

ACIT, Central Crcle-18, New Delhi vs. Shimmer Developers P.Ltd, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 1497/DEL/2018[2011-12]Status: DisposedITAT Delhi21 Oct 2024AY 2011-12

Bench: Pradip Kumar Kedia & Shri Anubhav Sharma

Section 132Section 143(3)Section 147Section 150Section 68

…asized that income tax is imposed only on "profits he actually receives and not on the profits he might have, but not received. This real accrual of income test was elaborated by the Supreme Court in Godhra Eleciricitu Co. Ltd. v. CIT, (1997) 4 SCC 530, (1997)225 ITR 746. In this ITA No.l497/Del/2018 ACIT vs. Shimmer Developers Pvt. Ltd. A.Y. 2011 -12 case, a government circular entitled the assessee to recover consumption charges from its customers at enhanced rates. As this order, was the subject matter of protracted litigation, the assessee was unable to recover the enhanced charges. Consequently, it challenge…

The DCIT, Gandhinagar Circle, Gandhinagar vs. M/S. Tourism Corporation of Gujarat Ltd., Gandhinagar

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

ITA 819/AHD/2019[2012-13]Status: DisposedITAT Ahmedabad03 Oct 2024AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.819/Ahd/2019 िनधा"रण वष" /Assessment Year : 2012-13 The Dcit M/S.Tourism Corporation Of बनाम/ Udhyog Bhavan, Sector-11 Gujarat Ltd. V/S. Gandhinagar Circle Block No.17, 4Th Floor Udyog Bhavan, Sector-11 Gandhinagar – 382 011 "थायी लेखा सं./Pan: Aaact 7252 J (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Tushar Heman, Sr. Advocate & Shri Parimalsinh B. Parmar, Ars Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 25/09/2024 घोषणा की तारीख /Date Of Pronouncement: 03/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Tushar Heman, Sr. Advocate &For Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(3)Section 147Section 148

…hypothetical charge on funds that were not utilized by TCGL, it did not constitute real income. DCIT vs. M/s.Tourism Corporation of Gujarat Ltd. Asst. Year : 2012-13 The assessee cited Hon’ble Supreme Court’s judgment in Godhra Electricity Co. Ltd. Vs. CIT (225 ITR 746) to support the principle that only actual income that accrues to the taxpayer can be taxed. 7. Upon careful consideration of the facts, grounds of appeal, and submissions made by both parties, we conclude that the AO did not undertake any independent verification to ascertain the nature of the grants passed through TCGL from the Government of G…

Magendra Singh Rathore, Alwar vs. DCIT Central Circle-2, Jaipur

In the result the appeal of the assessee is partly allowed

ITA 483/JPR/2024[2017-18]Status: DisposedITAT Jaipur23 Sept 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargiya (Adv.) &For Respondent: Shri Anup Singh (Addl. CIT)
Section 143(3)Section 234ASection 36(1)(iii)Section 57

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR MkWa- ,l-lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 460/JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2016-17 Sh. Magendra Singh Rathore cuke The ACIT, Ganga Niwas, Bank colony, Vs. Central Circle-2, Jaipur. Alwar. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AIYPR0804M vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA. No. 483/JPR/2024 fu/kZkj.k o"kZ@Assessment Years : 2017-18 Sh.…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 50/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2016-17

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 49/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2009-10

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 48/AHD/2020[2008-09]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2008-09

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 47/AHD/2020[2007-08]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2007-08

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 46/AHD/2020[2006-07]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2006-07

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 45/AHD/2020[2005-06]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2005-06

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 44/AHD/2020[2004-05]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2004-05

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 43/AHD/2020[2002-03]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2002-03

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 42/AHD/2020[2001-02]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2001-02

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Smt. Manjulaben Bipinchandra Patel, Baroda

ITA 41/AHD/2020[2000-01]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2000-01

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 40/AHD/2020[2016-17]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2016-17

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 39/AHD/2020[2009-10]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2009-10

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 38/AHD/2020[2008-09]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2008-09

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 37/AHD/2020[2007-08]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2007-08

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 36/AHD/2020[2006-07]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2006-07

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…

The Dy.CIT. Central Circle-1, Baroda vs. Manjulaben B. Patel Legal Heir of Shri Bipinbhai Prabhudas Patel, Baroda

ITA 35/AHD/2020[2005-06]Status: DisposedITAT Ahmedabad10 Sept 2024AY 2005-06

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

Section 132

…that the genuineness and quantification of the losses was not in dispute and it was well settled that only real income has to be taxed in the hands of the assessee, for which, reliance was placed on the decision of Godhara Electricity Co. Ltd. vs. CIT, (1997) 225 ITR 746 (SC). He submitted that AO was duty bound to give relief to the assessee wherever due even if it was not claimed by the assessee, for which, he relied on the decision of Hon’ble Gujarat High Court in the case of S.R. Koshti Vs. CIT reported in (2205) 276 ITR 165 (Guj.). The Ld. SR. Counsel vehemently contended that the Ld. CIT(A) was not justifie…