Madras in CIT v. Kumudam Publications (P) Ltd.

128 ITR 617Reported decision1981#14815 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2018 to 2022.

Judgments citing Madras in CIT v. Kumudam Publications (P) Ltd.

Natma Securities Ltd, New Delhi vs. ACIT, Circle-76(1), New Delhi

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

ITA 6104/DEL/2019[2012-13]Status: DisposedITAT Delhi30 Nov 2022AY 2012-13

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.I.T.A. No. 6104/Del/2019 (A.Y 2012-13)

Section 154Section 194ASection 201Section 201(1)

…the case of K. Kaplana Saraswathi (supra) has held that payment by cheque should be taken to be due payment, if the cheque is subsequently encashed in the ordinary course. Further, the Hon'ble High Court of Madras in CIT v. Kumudam Publications (P) Ltd.[1981] 128 ITR 617 after deliberating on the Treasury Rules, had therein concluded that in view of Treasury Rules when cheques are handed over to the government officials or to the government officer authorised to received payment on 7 ITA. 6104/Del/2019 Natma Securities, N. Delhi behalf of the government, payment would be deemed to have been made on the date the…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2156/MUM/2018[2008-09(24Q-FY 2007-08 Q2)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…the case of K. Kaplana Saraswathi (supra) has held that payment by cheque should be taken to be due payment, if the cheque is subsequently encashed in the ordinary course. Further, the Hon'ble High Court of Madras in CIT v. Kumudam Publications (P) Ltd.[1981] 128 ITR 617 after deliberating on the Treasury Rules, had therein concluded that in view of Treasury Rules when cheques are handed over to the government officials or to the government officer authorised to received payment on behalf of the government, payment would be deemed to have been made on the date the cheque was handed over. We find that a coordinate…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2155/MUM/2018[2008-09 (24Q-FY 2007-08 Q1)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…the case of K. Kaplana Saraswathi (supra) has held that payment by cheque should be taken to be due payment, if the cheque is subsequently encashed in the ordinary course. Further, the Hon'ble High Court of Madras in CIT v. Kumudam Publications (P) Ltd.[1981] 128 ITR 617 after deliberating on the Treasury Rules, had therein concluded that in view of Treasury Rules when cheques are handed over to the government officials or to the government officer authorised to received payment on behalf of the government, payment would be deemed to have been made on the date the cheque was handed over. We find that a coordinate…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2154/MUM/2018[2008-09(24Q-FY 2007-08 Q3)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…the case of K. Kaplana Saraswathi (supra) has held that payment by cheque should be taken to be due payment, if the cheque is subsequently encashed in the ordinary course. Further, the Hon'ble High Court of Madras in CIT v. Kumudam Publications (P) Ltd.[1981] 128 ITR 617 after deliberating on the Treasury Rules, had therein concluded that in view of Treasury Rules when cheques are handed over to the government officials or to the government officer authorised to received payment on behalf of the government, payment would be deemed to have been made on the date the cheque was handed over. We find that a coordinate…

Standard Chartered Bank, Mumbai vs. DCIT (TDS) 2(2), Mumbai

The appeal stands allowed to the extent indicated in the order

ITA 2153/MUM/2018[2008-09 (24Q-FY 2007-08 Q4)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…the case of K. Kaplana Saraswathi (supra) has held that payment by cheque should be taken to be due payment, if the cheque is subsequently encashed in the ordinary course. Further, the Hon'ble High Court of Madras in CIT v. Kumudam Publications (P) Ltd.[1981] 128 ITR 617 after deliberating on the Treasury Rules, had therein concluded that in view of Treasury Rules when cheques are handed over to the government officials or to the government officer authorised to received payment on behalf of the government, payment would be deemed to have been made on the date the cheque was handed over. We find that a coordinate…

Ramesh Haribhau Gawali, Ahmednagar vs. Income-Tax Officer

In the result, the appeal of the assessee is partly allowed for

ITA 1013/PUN/2015[2010-11]Status: DisposedITAT Pune11 Apr 2018AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri S.N. DoshiFor Respondent: Shri Mukesh Jha, JCIT
Section 143(3)Section 40Section 40A(3)

…t of TDS would be treated as made to the Government when the amount is actually credited and actually paid to the Government of India and not before. 4.3.2 Adverting to the authorities relied upon by the appellant, in the case of Kumudam Publications (P) Ltd (128 ITR 617), there was delay in en-cashing cheque issued by the officials of Department and in that context it was held that payment is deemed to have been made as per Treasury rules on the date of delivery of cheque to the Govt. Officer competent to receive the payment. In that case it was not in dispute that cheque for payment of advance tax was handed ov…

Madras in CIT v. Kumudam Publications (P) Ltd. (128 ITR 617) — Cited in 6 Judgments | BharatTax