Indwell Constructions v. CIT

232 ITR 776High Court1998#500 most cited

What is Indwell Constructions v. CIT authority for?

When an assessee's income is estimated after rejecting their books of account, further additions or disallowances for specific expenses are generally not permissible, as the estimation already accounts for these.

188

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Indwell Constructions v. CIT · 232 ITR 776 · rejection of books of account · estimation of income · net profit rate · disallowance of expenses · section 145(3) · business income · gross profit rate

Issues it is cited on

Judgments citing Indwell Constructions v. CIT

Shalimar Corp Ltd., Lucknow vs. DCIT, Central Circle-30, New Delhi

ITA 2767/DEL/2022[2015-16]Status: DisposedITAT Delhi31 Jul 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2011-12 Vs. Dcit, M/S. Shalimar Corp Ltd., A 2/3, Safdarjung Enclave, Central Circle-30, New Delhi New Delhi Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2764 To 2768/Del/2022 Assessment Years: 2012-13 To 2016-17 Vs. Dcit, M/S. Shalimar Corp Ltd., 11Th Floor, Shalimar Titanium, Central Circle-30, Vibhuti Khand, Gomti Nagar, New Delhi Lucknow Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2502/Del/2023; 2853 & 2854/Del/2022 Assessment Years: 2011-12, 2013-14 & 2015-16 Vs. M/S. Shalimar Corp Ltd., Dcit, Central Circle-30, 308, Tulsiani Chamber, New Delhi Nariman Point, Mumbai Pan: Aadcs9234L (Appellant) (Respondent) Assessee By Sh. Subhash Agarwal, Adv. Department By Sh. Mahesh Kumar, Cit(Dr)

Section 132(4)Section 139(1)Section 142Section 153ASection 153DSection 250Section 285

…ince forming part of the business turnover. Its remaining twin substantive grounds of section 40(a)(ia) and 40A(3) have no legs to stand as we have already estimated its profits @ 20% (after rejecting book results) going by Indwell Construction Vs. CIT (1998) 232 ITR 776 (AP). Both these latter disallowances are deleted in very terms therefore. The assessee’s instant “lead” appeal ITA No. 2360/Del/2023 partly succeeds in very terms. 10. Coming to the Revenue’s “lead” cross appeal ITA No.2502/Del/2023, it emerges from a perusal of the CIT(A)’s lower appellate discussion in para 6 (page -66) onwards that the above…

Shalimar Corp Ltd., Lucknow vs. DCIT, Central Circle-30, New Delhi

ITA 2766/DEL/2022[2014-15]Status: DisposedITAT Delhi31 Jul 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2011-12 Vs. Dcit, M/S. Shalimar Corp Ltd., A 2/3, Safdarjung Enclave, Central Circle-30, New Delhi New Delhi Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2764 To 2768/Del/2022 Assessment Years: 2012-13 To 2016-17 Vs. Dcit, M/S. Shalimar Corp Ltd., 11Th Floor, Shalimar Titanium, Central Circle-30, Vibhuti Khand, Gomti Nagar, New Delhi Lucknow Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2502/Del/2023; 2853 & 2854/Del/2022 Assessment Years: 2011-12, 2013-14 & 2015-16 Vs. M/S. Shalimar Corp Ltd., Dcit, Central Circle-30, 308, Tulsiani Chamber, New Delhi Nariman Point, Mumbai Pan: Aadcs9234L (Appellant) (Respondent) Assessee By Sh. Subhash Agarwal, Adv. Department By Sh. Mahesh Kumar, Cit(Dr)

Section 132(4)Section 139(1)Section 142Section 153ASection 153DSection 250Section 285

…ince forming part of the business turnover. Its remaining twin substantive grounds of section 40(a)(ia) and 40A(3) have no legs to stand as we have already estimated its profits @ 20% (after rejecting book results) going by Indwell Construction Vs. CIT (1998) 232 ITR 776 (AP). Both these latter disallowances are deleted in very terms therefore. The assessee’s instant “lead” appeal ITA No. 2360/Del/2023 partly succeeds in very terms. 10. Coming to the Revenue’s “lead” cross appeal ITA No.2502/Del/2023, it emerges from a perusal of the CIT(A)’s lower appellate discussion in para 6 (page -66) onwards that the above…

Shalimar Corp Ltd., Lucknow vs. DCIT, Central Circle-30, New Delhi

ITA 2765/DEL/2022[2013-14]Status: DisposedITAT Delhi31 Jul 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2011-12 Vs. Dcit, M/S. Shalimar Corp Ltd., A 2/3, Safdarjung Enclave, Central Circle-30, New Delhi New Delhi Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2764 To 2768/Del/2022 Assessment Years: 2012-13 To 2016-17 Vs. Dcit, M/S. Shalimar Corp Ltd., 11Th Floor, Shalimar Titanium, Central Circle-30, Vibhuti Khand, Gomti Nagar, New Delhi Lucknow Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2502/Del/2023; 2853 & 2854/Del/2022 Assessment Years: 2011-12, 2013-14 & 2015-16 Vs. M/S. Shalimar Corp Ltd., Dcit, Central Circle-30, 308, Tulsiani Chamber, New Delhi Nariman Point, Mumbai Pan: Aadcs9234L (Appellant) (Respondent) Assessee By Sh. Subhash Agarwal, Adv. Department By Sh. Mahesh Kumar, Cit(Dr)

Section 132(4)Section 139(1)Section 142Section 153ASection 153DSection 250Section 285

…ince forming part of the business turnover. Its remaining twin substantive grounds of section 40(a)(ia) and 40A(3) have no legs to stand as we have already estimated its profits @ 20% (after rejecting book results) going by Indwell Construction Vs. CIT (1998) 232 ITR 776 (AP). Both these latter disallowances are deleted in very terms therefore. The assessee’s instant “lead” appeal ITA No. 2360/Del/2023 partly succeeds in very terms. 10. Coming to the Revenue’s “lead” cross appeal ITA No.2502/Del/2023, it emerges from a perusal of the CIT(A)’s lower appellate discussion in para 6 (page -66) onwards that the above…

Shalimar Corp Ltd., Lucknow vs. DCIT Center Circle-30, Delhi

ITA 2764/DEL/2022[2012-13]Status: DisposedITAT Delhi31 Jul 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2011-12 Vs. Dcit, M/S. Shalimar Corp Ltd., A 2/3, Safdarjung Enclave, Central Circle-30, New Delhi New Delhi Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2764 To 2768/Del/2022 Assessment Years: 2012-13 To 2016-17 Vs. Dcit, M/S. Shalimar Corp Ltd., 11Th Floor, Shalimar Titanium, Central Circle-30, Vibhuti Khand, Gomti Nagar, New Delhi Lucknow Pan: Aadcs9234L (Appellant) (Respondent) With Ita Nos.2502/Del/2023; 2853 & 2854/Del/2022 Assessment Years: 2011-12, 2013-14 & 2015-16 Vs. M/S. Shalimar Corp Ltd., Dcit, Central Circle-30, 308, Tulsiani Chamber, New Delhi Nariman Point, Mumbai Pan: Aadcs9234L (Appellant) (Respondent) Assessee By Sh. Subhash Agarwal, Adv. Department By Sh. Mahesh Kumar, Cit(Dr)

Section 132(4)Section 139(1)Section 142Section 153ASection 153DSection 250Section 285

…ince forming part of the business turnover. Its remaining twin substantive grounds of section 40(a)(ia) and 40A(3) have no legs to stand as we have already estimated its profits @ 20% (after rejecting book results) going by Indwell Construction Vs. CIT (1998) 232 ITR 776 (AP). Both these latter disallowances are deleted in very terms therefore. The assessee’s instant “lead” appeal ITA No. 2360/Del/2023 partly succeeds in very terms. 10. Coming to the Revenue’s “lead” cross appeal ITA No.2502/Del/2023, it emerges from a perusal of the CIT(A)’s lower appellate discussion in para 6 (page -66) onwards that the above…

Income Tax Officer, Ward-1, Khammam vs. Varalakhsmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 304/HYD/2024[2016-17]Status: DisposedITAT Hyderabad04 Feb 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

…of the coordinate Bench of this Tribunal in the case of Prabhu Wines in ITA No.1100/Hyd.2013 dated 23.10.2013, wherein after considering the principles laid Page 19 of 23 ITA Nos 303 and 304 of 2024 Varalakshmi Constructions down in Indwell Constructions (232 ITR 776), it has been held that they are applicable only to the extent of computation of income under the head "Business" and as far as addition of cash credits under S.68 and S.69, the decision of the Hon'ble Supreme Court in the case of CITV/s. Devi Prasad Vishwanath Prasad reported in 72 ITR 194 (SC) was followed. 8. On the other hand, the learned cou…

Income Tax Officer, Ward 1, Khammam vs. Varalakshmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 303/HYD/2024[2014-15]Status: DisposedITAT Hyderabad04 Feb 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

…of the coordinate Bench of this Tribunal in the case of Prabhu Wines in ITA No.1100/Hyd.2013 dated 23.10.2013, wherein after considering the principles laid Page 19 of 23 ITA Nos 303 and 304 of 2024 Varalakshmi Constructions down in Indwell Constructions (232 ITR 776), it has been held that they are applicable only to the extent of computation of income under the head "Business" and as far as addition of cash credits under S.68 and S.69, the decision of the Hon'ble Supreme Court in the case of CITV/s. Devi Prasad Vishwanath Prasad reported in 72 ITR 194 (SC) was followed. 8. On the other hand, the learned cou…