ITO v. Pratiksha Enterprises

4 DTR 547Reported decision2008#7902 most cited

What is ITO v. Pratiksha Enterprises authority for?

Income from a project is taxable in the year of completion, and completion is determined by factors like the Municipal Corporation's grant of completion and the actual handover of possession to owners.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2016.

Also referred to as

ITO v Pratiksha Enterprises · project completion method · year of completion · date of completion certificate · date of possession · AY 2002-03 · AY 2003-04 · income tax act

Judgments citing ITO v. Pratiksha Enterprises

Layer Exports P. Ltd, Mumbai vs. ACIT Cen Cir 21, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 3378/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Oct 2016AY 2011-12

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 21, Mumbai vs. Layer Exports P.Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 5613/MUM/2013[2010-11]Status: DisposedITAT Mumbai31 Oct 2016AY 2010-11

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P. Ltd, Mumbai vs. Asst CIT Cen Cir 21, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1842/MUM/2013[2008-09]Status: DisposedITAT Mumbai31 Oct 2016AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 21, Mumbai vs. Layer Exports P.Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1097/MUM/2013[2009-10]Status: DisposedITAT Mumbai31 Oct 2016AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 24 & 26, Mumbai vs. Layer Exports P. Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 3021/MUM/2011[2008-09]Status: DisposedITAT Mumbai31 Oct 2016AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 24 & 26, Mumbai vs. Layer Exports P. Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 3019/MUM/2011[2004-05]Status: DisposedITAT Mumbai31 Oct 2016AY 2004-05

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 24 & 26, Mumbai vs. Layer Exports P. Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 2986/MUM/2011[2007-08]Status: DisposedITAT Mumbai31 Oct 2016AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 24 & 26, Mumbai vs. Layer Exports P. Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 2985/MUM/2011[2006-07]Status: DisposedITAT Mumbai31 Oct 2016AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P.Ltd, Mumbai vs. ACIT Cen Cir 24 & 26, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1930/MUM/2011[2008-09]Status: DisposedITAT Mumbai31 Oct 2016AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P.Ltd, Mumbai vs. ACIT Cen Cir 24 & 26, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1929/MUM/2011[2007-08]Status: DisposedITAT Mumbai31 Oct 2016AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P.Ltd, Mumbai vs. ACIT Cen Cir 24 & 26, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1928/MUM/2011[2006-07]Status: DisposedITAT Mumbai31 Oct 2016AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P.Ltd, Mumbai vs. ACIT Cen Cir 24 & 26, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1927/MUM/2011[2004-05]Status: DisposedITAT Mumbai31 Oct 2016AY 2004-05

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

Layer Exports P. Ltd, Mumbai vs. ACIT Cen Cir 24 & 26, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 1907/MUM/2011[2005-06]Status: DisposedITAT Mumbai31 Oct 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…

ACIT Cen Cir 24 & 26, Mumbai vs. Layer Exports P. Ltd, Mumbai

In the result, the appeals of the Revenue and that of the assessee are decided as indicated above against each issue

ITA 3020/MUM/2011[2005-06]Status: DisposedITAT Mumbai10 Oct 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…d any material on record to the contrary. He has only given a finding as regards completion based on conjectures and surmises. 48. Before us reliance was placed on the decision of co-ordinate bench of Mumbai in the case of ITO Vs. Pratiksha Enterprises (2008) 4 DTR 547 (Mum), wherein the dispute was for determination of the year of completion of the project in a case where the assessee is following project completion method. The assessee had offered the income in AY 2003-04 whereas the Department had given a finding that the project was competed in AY 2002-03. The assessee had filed a certificate of Architect sho…