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 367,154 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

M/S. Western Electricity Supply Company of Orissa Ltd., Sambalpur vs. ACIT, Circle-1(2), Bhubaneswar

In the result, appeals of both the assessees stand partly allowed

ITA 220/CTK/2020[2013-14]Status: DisposedITAT Cuttack01 Feb 2023AY 2013-14
For Appellant: Shri P.V.Rao/Sidharth Ranjan, CAsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 19

…of even recovering this amount was entirely lost. It was the submission that the income being not real income, the same is not liable to be taxed in view of the decision of the Hon’ble Supreme Court in the case of Godhra Electricity Company Ltd., reported in 225 ITR 746 (SC), wherein the Hon’ble Supreme Court has categorically held as follows :- “The question whether there was real accrual of income to the assessee-company in respect of the enhanced charges for supply of electricity has to be considers by taking the probability or improbability of realisation in a realistic manner. If the matter is considered in…

M/S. North Eastern Electricity Supply Company of Odisha Limited, Bhubaneswar vs. ACIT, Circle-1(2), Bhubaneswar

In the result, appeals of both the assessees stand partly allowed

ITA 17/CTK/2019[2013-14]Status: DisposedITAT Cuttack01 Feb 2023AY 2013-14
For Appellant: Shri P.V.Rao/Sidharth Ranjan, CAsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 19

…of even recovering this amount was entirely lost. It was the submission that the income being not real income, the same is not liable to be taxed in view of the decision of the Hon’ble Supreme Court in the case of Godhra Electricity Company Ltd., reported in 225 ITR 746 (SC), wherein the Hon’ble Supreme Court has categorically held as follows :- “The question whether there was real accrual of income to the assessee-company in respect of the enhanced charges for supply of electricity has to be considers by taking the probability or improbability of realisation in a realistic manner. If the matter is considered in…

M/S. North Electricity Supply Company of Odisha, Bhubaneswar vs. ACIT, Circle-1(2), Bhubaneswar

In the result, appeals of both the assessees stand partly allowed

ITA 16/CTK/2019[2011-12]Status: DisposedITAT Cuttack01 Feb 2023AY 2011-12
For Appellant: Shri P.V.Rao/Sidharth Ranjan, CAsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 19

…of even recovering this amount was entirely lost. It was the submission that the income being not real income, the same is not liable to be taxed in view of the decision of the Hon’ble Supreme Court in the case of Godhra Electricity Company Ltd., reported in 225 ITR 746 (SC), wherein the Hon’ble Supreme Court has categorically held as follows :- “The question whether there was real accrual of income to the assessee-company in respect of the enhanced charges for supply of electricity has to be considers by taking the probability or improbability of realisation in a realistic manner. If the matter is considered in…

Western Electricity Supply Company of Orissa Ltd., Sambalpur vs. ACIT, Circle-1(2), Bhubaneswar

In the result, appeals of both the assessees stand partly allowed

ITA 125/CTK/2018[2011-12]Status: DisposedITAT Cuttack01 Feb 2023AY 2011-12
For Appellant: Shri P.V.Rao/Sidharth Ranjan, CAsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 19

…of even recovering this amount was entirely lost. It was the submission that the income being not real income, the same is not liable to be taxed in view of the decision of the Hon’ble Supreme Court in the case of Godhra Electricity Company Ltd., reported in 225 ITR 746 (SC), wherein the Hon’ble Supreme Court has categorically held as follows :- “The question whether there was real accrual of income to the assessee-company in respect of the enhanced charges for supply of electricity has to be considers by taking the probability or improbability of realisation in a realistic manner. If the matter is considered in…

Cairn Energy Hydrocarbon Ltd., Gurgaon vs. DCIT, Intl. Taxation, Circle, Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6278/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2023AY 2014-15

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

Cairn Energy Hydrocarbon Ltd., Gurgaon vs. DCIT, Intl. Taxation, Circle, Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6277/DEL/2018[2013-14]Status: DisposedITAT Delhi31 Jan 2023AY 2013-14

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

DCIT, Intl. Taxation, Circle, Gurgaon vs. Cairn Energy Hydrocarbon Ltd., Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 5989/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Jan 2023AY 2014-15

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

DCIT, Intl. Taxation, Circle, Gurgaon vs. Cairn Energy Hydrocarbon Ltd., Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 5988/DEL/2018[2013-14]Status: DisposedITAT Delhi31 Jan 2023AY 2013-14

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

DDIT, New Delhi vs. M/S. Cairn Energy Hydrocarbons Ltd., Gurgaon

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6357/DEL/2013[2010-11]Status: DisposedITAT Delhi31 Jan 2023AY 2010-11

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

Cairn Energy Hydrocarbons Ltd., Gurgaon vs. DDIT, New Delhi

In the result, the appeals of the assessee are partly allowed and the appeals of the revenue are dismissed

ITA 6346/DEL/2013[2010-11]Status: DisposedITAT Delhi31 Jan 2023AY 2010-11

Bench: Sh. Saktijit Deydr. B. R. R. Kumarita No. 6357/Del/2013: Asstt. Year : 2010-11 Dcit, Vs Cairn Energy Hydrocarbon Ltd., C/O. Cairn India Ltd., 3Rd & 4Th Circle-3(2), International Taxation, Floor, Vipul Plaza, Suncity, Sector- New Delhi 54, Gurgaon (Appellant) (Respondent) Pan No. Aaccc3279J

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Gangadhar Panda, CIT-DR
Section 40aSection 57Section 80I

…etical income, it could not be brought to tax as income. Only real income can be brought to tax. In support of this finding, the assessee has drawn our attention to a decision of this Court in Godhra Electricity Co. Ltd. v. Commissioner of Income-tax ([1997] 225 ITR 746) where the Court, inter alia, examined the case system and the mercantile system of accounting in the context of hypothetical income. The computation of income is made in accordance with the method of accounting regularly employed by the assessee. It may be either the case system where entries are made on the basis of actual receipts and actual o…

DCIT Cent. Cir 8(3), Mumbai vs. M/S 63 Moon Technologies India Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1509/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Jan 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1509/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Dcit –Cc-8(3) बिधम/ M/S. 63 Moon Room No. 656 6Th Floor, Technologies India Ltd Vs. Aaykar Bhavan, M.K. Road Ft Tower, Cts No. 256- Mumbai- 400020. 257, Suren Road, Chakala, Andheri (E) Mumbai- 400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacf5737C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sukhsagar Syal Revenue By: Smt Riddhi Mishra (Cit-Dr) सुनवाई की तारीख / Date Of Hearing: 16/11/2022 घोषणा की तारीख /Date Of Pronouncement: 06/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-56, Mumbai Dated 31.03.2022 For The Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Revenue Are As Under: - “1. Whether On The Facts & Under The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Deleting The Disallowance Made By The Ao Without Appreciating The Fact He Proportionate Claim Of The Premium On Zccbs Written During The Tenure Of Zero Coupon Convertible Bonds Was Is In Nature Of Interest?" 1.1 “Whether On The Facts & Under The Circumstances The Case & In Law, The Id. Cit(A) Was Justified In Deleting Disallowance Without Appreciating The Fact That The Claim

For Appellant: Shri Sukhsagar SyalFor Respondent: Smt Riddhi Mishra (CIT-DR)
Section 115JSection 14A

…e Tax Act, 1961 and accounting treatment is not sacrosanct. It has been held by the Hon'ble Supreme Court in the following cases that entries in books of accounts are no; determinative of its tax treatment: * Kedarnath Jute 82 ITR 363(SC) * Godhra Electricity 225 ITR 746(SC) * Bokara Steel 236 ITR 315(SC) * United Commercial Bank 240 ITR 355(SC) The assessee submits that adopting differing treatment in books of accounts and Income Tax Return cannot be equated with shifting stand. The assessee respectfully submits that it has not shifted its stand. What the assessee has done is computed its income as per specific…

Addi. CIT Special Range - 6, New Delhi vs. National Fertilizers Ltd., Noida

In the result appeal of the Revenue is dismissed

ITA 7966/DEL/2019[2016-17]Status: DisposedITAT Delhi06 Jan 2023AY 2016-17

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhary

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Ms. Sarita Kumari, CIT-DR
Section 115JSection 143(3)Section 145Section 36(1)Section 37(1)

…erest had accrued to the Assessee and should have been added to its income. 11. Learned counsel for the Assessee, on the other hand, states that the concept of ‘real income’ has been accepted by the Supreme Court in Godhra Electricity Co. Ltd. v. CIT, (1997) 225 ITR 746 (SC) and this was followed by this Court in its decision dated 19th May, 10 ITA.No.7966/Del./2019 National Fertilizers Ltd. 2015 in ITA No. 268/2008 (Liquidator Polymerland India Pvt. Ltd. v. DCIT). It is pointed out that where no part of the advance has been able to be recovered by the Assessee, notwithstanding the Award in its favour, no ‘real…

Siddharth Developers, Mumbai vs. Asstt Commissioner of Income Tax CC-5(3), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 707/MUM/2022[2017-18]Status: DisposedITAT Mumbai03 Jan 2023AY 2017-18

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blesiddharth Developers V. Acit – Central Circle – 5(3) 205 Commerce House Room No. 1906, 19Th Floor 140 N.M. Road, Fort Air India Building Nariman Point, Mumbai – 400 021 Mumbai - 400023 Pan: Abffs4068J (Appellant) (Respondent) Assessee Represented By : Shri Nishit Gandhi Department Represented By : Shri Salil Mishra

Section 142(1)Section 143(2)

…ng the loss into profit try making a disallowance from the opening WIP. This is not just grossly unfair but also against the settled principle that only Real Income can be brought to tax and not any hypothetical income [Ref. Godhra Electricity Cows CIT-(1997) 225 ITR 746 (SC), CIT us Shoorji Vallabhdas & Ca-(1962) 46 ITR 144 (SC), Morvi Industries vs CIT-(1971) 82 ITR 835 (SC), et. al.] In the present case the AO is seeking to tax the hypothetical income which has never been earned. In fact even after adding the amount of Rs.8,93,57,550/- being 17 Siddharth Developers consideration as per stamp duty value in ter…

ACIT, New Delhi vs. Shri Harish Bhandari, Delhi

In the result, the appeal of the Revenue is dismissed

ITA 3049/DEL/2016[2007-08]Status: DisposedITAT Delhi03 Jan 2023AY 2007-08

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. P. C. Yadav, AdvFor Respondent: Sh. Shashi Bhushan Shukla, CIT DR
Section 132Section 17(2)(vi)Section 28

…e resulted at all, there is obviously neither accrual nor receipt of income, even though an entry to that effect might, in certain circumstances, have been made in the books of account.” 10. In Godhra Electricity Co. Ltd. v. Commissioner of Income Tax, [1997]225 ITR 746 (SC), the apex Court reiterated the view taken in Shoorji Vallabhdas and Morvi Industries. In that case, it was noted that the High Court held that the assessee would be obliged to pay tax when the profit became actually due and that income could not be said to have accrued when it is based on a mere claim not backed by any legal or contractual r…

M/S Shri Gurmukhdas Contractors P Ltd, Bhopal vs. DCIT-Cenrral-1, Bhopal

In the result, Revenue’s appeals in I

ITA 208/IND/2020[2017-18]Status: DisposedITAT Indore14 Dec 2022AY 2017-18

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Sunil Agrawal, ARFor Respondent: Assessee by
Section 127Section 132Section 143(3)Section 153Section 153ASection 153DSection 271A

…x liability and correct determination of income of the assessees. We rely www.taxguru.in 258 ITA.No.1813/Del./2019 Shri Sanjay Duggal, Faridabad etc., & 51batch appeals upon the Judgment of the Hon’ble Supreme Court in the case of Godhra Electricity Co. Ltd., 225 ITR 746 (SC). This fact is also not verified and considered by the JCIT while granting approval under section 153D of the I.T. Act. It may be noted here that entire sale proceeds when cannot be added in the hands of M/s JIL as income which is also not done in the case of M/s. JIL, rightly so, how the same sale proceeds could be added as income in the han…

M/S Kulkarni & Sahu Buildcon Pvt.Ltd., Bhilai(Cg) vs. The Dy. Commissioner of Income Tax 1(1), Bhilai(Cg)

In the result, appeal of the assessee is allowed in terms our aforesaid observations

ITA 30/BIL/2016[2012-13]Status: DisposedITAT Raipur12 Dec 2022AY 2012-13

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No.30/Rpr/2016 "नधा"रण वष" / Assessment Year :2012-13 M/S. Kulkarni & Sahu Buildcon Pvt. Ltd. B-495, Cross Street-25, Smriti Nagar, Bhilai-490020 (C.G.) Pan :Aaeck3160C .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax-1(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri Nilesh Jain, CAFor Respondent: Shri Choudhary N.C Roy, Sr. DR
Section 133ASection 143(2)Section 143(3)Section 69

…tion on account of notional interest of Rs. 1,39,366/-. There cannot be any addition on account of notional income as held by the Hon’ble Supreme Court in case of E.D. Sassoon & Co. &Ors. vs. CIT (1954) 26 ITR 27 and Godhra Electricity Co. Ltd. vs. CIT (1997) 225 ITR 746 where it was held that only real income can be taxed, hypothetical income cannot be taxed nor income can be taxed in vacuum. Therefore, the addition made by the AO 19 M/s. Kulkarni & Sahu Buildcon Pvt. Ltd. Vs. Deputy Commissioner of Income Tax-1(1) is not as per law and the same be deleted. The ld. CIT(A) has confirmed the addition by stating…

Gujarat Mineral Development Corporation Ltd., Ahmedabad vs. The Dy.CIT, Circle-4, Now Circle-2(1)(1), Ahmedabad

The appeal of the assessee is partly allowed

ITA 1657/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…ich was already accounted and was due from GSRTC. Your appellant had also put a clear note in the statement of total income disclosing these facts. Your appellant relied on the decisions of Hon'ble Supreme Court in the case of Godhra Electricity Co Ltd. V CIT 225 ITR 546 and Uco Bank v CIT 237 ITR 889 in this regard. The Learned assessing officer has not accepted the contention of the appellant has made the addition of Rs. 5,37,26,160/-. The addition made by the Learned Assessing officer also includes a sum of Rs. 2,68,63,0807- which pertains to the period beyond the period covered by the lease agreement. ITA No…

The DCIT, Circle-4, Ahmedabad vs. Gujarat Mineral Development Corporation Ltd., Ahmedabad

The appeal of the assessee is partly allowed

ITA 1471/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…ich was already accounted and was due from GSRTC. Your appellant had also put a clear note in the statement of total income disclosing these facts. Your appellant relied on the decisions of Hon'ble Supreme Court in the case of Godhra Electricity Co Ltd. V CIT 225 ITR 546 and Uco Bank v CIT 237 ITR 889 in this regard. The Learned assessing officer has not accepted the contention of the appellant has made the addition of Rs. 5,37,26,160/-. The addition made by the Learned Assessing officer also includes a sum of Rs. 2,68,63,0807- which pertains to the period beyond the period covered by the lease agreement. ITA No…

Gujarat Mineral Development Corporation Ltd., Ahmedabad vs. The Jt.CIT., Circle-4, Ahmedabad

The appeal of the assessee is partly allowed

ITA 1747/AHD/2009[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…ich was already accounted and was due from GSRTC. Your appellant had also put a clear note in the statement of total income disclosing these facts. Your appellant relied on the decisions of Hon'ble Supreme Court in the case of Godhra Electricity Co Ltd. V CIT 225 ITR 546 and Uco Bank v CIT 237 ITR 889 in this regard. The Learned assessing officer has not accepted the contention of the appellant has made the addition of Rs. 5,37,26,160/-. The addition made by the Learned Assessing officer also includes a sum of Rs. 2,68,63,0807- which pertains to the period beyond the period covered by the lease agreement. ITA No…

Assistant Commissioner of Income Tax, Circle -2(1), Jabalpur vs. M/S. Mahakaushal Sugar & Power Industries Ltd., Narsinghpur

In the result, the Revenue’s appeal is partly allowed for statistical purposes

ITA 44/JAB/2020[2017-18]Status: DisposedITAT Jabalpur29 Nov 2022AY 2017-18

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Sanjay Kumar, CIT-DRFor Respondent: Shri Rahul Bardia, FCA
Section 143(3)Section 69Section 80

…it is even otherwise trite law that it is only the real, as opposed to, hypothetical income, that is to be subject to tax, and toward which we may refer to some decisions, viz. UCO Bank v. CIT [1999] 237 ITR 889 (SC); Godhra Electricity Co. Ltd. v. CIT [1997] 225 ITR 746 (SC), CIT v. P. Mariappa Gounder [1984] 147 ITR 676 (Mad). As such, only the income actually accrued, and which in turn is liable to be reckoned with reference to the purchase cost of power that the sugar division would be required to pay in the normal course of its business, or that for which it is being actually bought by it during the relevant…