Modi Industries Ltd. v. CIT

216 ITR 759Supreme Court of India1995#4636 most cited

What is Modi Industries Ltd. v. CIT authority for?

A tax demand subsists even if the assessment order is set aside, and the date of the original assessment remains the relevant date. This principle clarifies that tax payment methods do not alter the fundamental liability to pay tax based on an assessment order.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2006 to 2024.

Also referred to as

Modi Industries Ltd. v. CIT · 216 ITR 759 · assessment order set aside · date of regular assessment · advance tax · TDS · section 143 · section 144 · section 2(40) · subsisting demand

Sections most often in play

Section 116Section 119Section 139Section 142Section 143Section 144Section 147Section 153A

Issues it is cited on

compensatory interestsection 262section 243section 208section 210section 140asection 2(40)section 89section 115jaasection 245dsection 140section 90a

Judgments citing Modi Industries Ltd. v. CIT

Krishna Descretionary Family Trust, Mumbai vs. ITO 12(2)(1), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 4693/MUM/2014[1986-87]Status: DisposedITAT Mumbai24 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

For Appellant: Shri Hemanshu ShahFor Respondent: Shri Debashis Chanda-(CIT-DR)
Section 143(3)Section 154Section 155Section 155(2)Section 244ASection 254(1)

…t demand is only contingent demand and not legally enforceable and thus, in reality assessee did not pay tax in pursuance of any order of assessment. Ld. DR further referred to the decision of Hon’ble Supreme Court in the case of Modi Industries Ltd. vs. CIT, 216 ITR 759 referred to in para-6.2.3 of order of Ld. CIT(A) pleaded that the meaning of regular assessment in section 214, would be that a tax payer is entitled to claim interest on the excess amount advance tax paid only with reference to assessed tax determined on regular assessment and further no interest can be claimed under section 214 beyond the date…

Vaibhavi Discretionary Family Trust ( Def. Corpus), Mumbai vs. ITO 12(2)(1)), Mumbai

In the result, appeals filed by these assessees are partly allowed in the manner aforesaid

ITA 2641/MUM/2014[1986-87]Status: DisposedITAT Mumbai04 Nov 2015AY 1986-87

Bench: S/Sh. Rajendra & Parthasarathy Choudhurys

…t demand is only contingent demand and not legally enforceable and thus, in reality assessee did not pay tax in pursuance of any order of assessment. Ld. DR further referred to the decision of Hon’ble Supreme Court in the case of Modi Industries Ltd. vs. CIT, 216 ITR 759 referred to in para-6.2.3 of order of Ld. CIT(A) pleaded that the meaning of regular assessment in section 214, would be that a tax payer is entitled to claim interest on the excess amount advance tax paid only with reference to assessed tax determined on regular assessment and further no interest can be claimed under section 214 beyond the date…

Brij Lal vs. Commnr. of Income Tax, Jalandhar

C.A. No.-000516-000527 - 2004Supreme Court21 Oct 2010
Section 139Section 142Section 143Section 144Section 148Section 154Section 234BSection 245D(1)Section 245D(4)Section 5

…prejudice the charge of tax under section 4(1) nor will it modify the liability of the assessee to pay income tax pursuant to an assessment order. [See Modi Industries Limited, Modinagar and Others v. Commissioner of Income Tax, Delhi and Another, 216 ITR 759 at 780] At one point of time, section 209(1)(a)(iii) (relating to computation of advance tax) provided that the income tax calculated on the total income with reference to which the demand for advance tax was made should be reduced by the amount of income tax deductible in accordance with sections 192 to 194, 194A and 195…

Commissioner of Income Tax-III vs. Sutlej Industries Ltd

ITA/1204/2005HC Delhi15 Mar 2010
Section 140ASection 141ASection 147Section 154Section 155Section 156Section 213Section 214Section 214(1)Section 244

…Tax Appellate Tribunal (in short „the Tribunal‟) allowed the appeal of the assessee and set aside the order of the CIT(A) relying upon the decision of the Supreme Court in the case of Commissioner of Income Tax v. 2010:DHC:1500-DB Modi Industries Ltd, 216 ITR 759. The Tribunal, consequently, held that the respondent-assessee would be entitled to interest on refund relating to payment under Section 140A also from the date of payment till the date of granting the refund. (e) Aggrieved by the impugned order dated 29th October, 2004 rendered by the Tribunal, the Revenue has preferred the present appe…

Sandvik Asia Ltd vs. Commnr.of Income Tax-I, Pune

In the result, the appeals stand allowed

C.A. No.-001337-001340 - 2005Supreme Court27 Jan 2006
For Respondent: Commissioner of Income Tax-I, Pune & Ors
Section 214Section 264

…is Court which by its common order passed in Civil Appeal No.1887 of 1992 with Civil Appeal Nos. 2649 of 1992 etc. directed respondent No.1 to consider the revision petitions in light of its decision in the case of Modi Industries Ltd. Vs. CIT reported in 216 ITR 759. The order of this Court dated 30.04.1997 is reproduced hereunder:- "CIVIL APPEAL NO. 1887 OF 1992 Sandvik Asia Ltd. \005. Appellant Versus S.M.Soni & Ors. (With C.A.Nos. 2649/92, 2550/92, 2687/92 & 1471/96) http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 20 O R D E…