Sanjeev Woolen Mills v. CIT

279 ITR 434Supreme Court of India2005#1519 most cited

What is Sanjeev Woolen Mills v. CIT authority for?

The assessee must consistently follow one method of accounting and cannot arbitrarily change it, particularly in contravention of Section 145 of the Income Tax Act. This principle prohibits changes in accounting methods that are not in conformity with the law.

75

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2026.

Also referred to as

Sanjeev Woolen Mills v. CIT · method of accounting · consistency principle · Section 145 Income Tax Act · change in accounting method · assessee bound by accounting method · accounting standards Income Tax · 279 ITR 434 · Supreme Court accounting method · Section 145(1) · Section 145(2)

Issues it is cited on

Judgments citing Sanjeev Woolen Mills v. CIT

INDIAN OVERSEAS BANK,CHENNAI vs. ACIT, LTU-2,, CHENNAI

In the result, both the appeals filed by the assessee are allowed

ITA 1571/CHNY/2024[2017-18]Status: DisposedITAT Chennai18 Dec 2024AY 2017-18

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita Nos.: 1570 & 1571/Chny/2024 िनधा"रण वष" / Assessment Years: 2016-17 & 2017-18 Indian Overseas Bank, The Principal Commissioner Of 763, Anna Salai, V. Income Tax, Anna Road, Chennai -4, Chennai – 600 002. Chennai -600 034. [Pan: Aaaci-1223-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. C. Naresh, Ca : Shri. Nilay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 18.12.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. C. Naresh, CA
Section 143(3)Section 147Section 148Section 263

…count of revaluation of assets and liabilities of overseas branches is purely notional and unrealised gain. The assessee had relied on binding precedents of Hon'ble Supreme court in the cases of Chainnrup Sampathram (24 ITR 481) and Sanjeev Woollen Mills Ltd (279 ITR 434). The assessee in the books of accounts had credited the notional unrealised gain to Foreign Currency translation reserve as per the mandatory requirement of Accounting Standard (AS) -11. :-12-: ITA. Nos:1570 & 1571/Chny/2024 The Ld. PCIT by wrongly relying on the decision of Hon'ble Supreme Court in the case Woodward Governor India Pvt ltd (312…

INDIAN OVERSEAS BANK,CHENNAI vs. DCIT, LTU-2,, CHENNAI

In the result, both the appeals filed by the assessee are allowed

ITA 1570/CHNY/2024[2016-17]Status: DisposedITAT Chennai18 Dec 2024AY 2016-17

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita Nos.: 1570 & 1571/Chny/2024 िनधा"रण वष" / Assessment Years: 2016-17 & 2017-18 Indian Overseas Bank, The Principal Commissioner Of 763, Anna Salai, V. Income Tax, Anna Road, Chennai -4, Chennai – 600 002. Chennai -600 034. [Pan: Aaaci-1223-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. C. Naresh, Ca : Shri. Nilay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 18.12.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. C. Naresh, CA
Section 143(3)Section 147Section 148Section 263

…count of revaluation of assets and liabilities of overseas branches is purely notional and unrealised gain. The assessee had relied on binding precedents of Hon'ble Supreme court in the cases of Chainnrup Sampathram (24 ITR 481) and Sanjeev Woollen Mills Ltd (279 ITR 434). The assessee in the books of accounts had credited the notional unrealised gain to Foreign Currency translation reserve as per the mandatory requirement of Accounting Standard (AS) -11. :-12-: ITA. Nos:1570 & 1571/Chny/2024 The Ld. PCIT by wrongly relying on the decision of Hon'ble Supreme Court in the case Woodward Governor India Pvt ltd (312…

PIJUSH KANTI BHUNIA,KOLKATA vs. ITO, WARD-39(1), MIDNAPORE

The appeals of the assessee stand allowed

ITA 328/KOL/2024[2016-17]Status: DisposedITAT Kolkata08 May 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.327&328/Kol/2024 Assessment Years: 2016-17 Pijush Kanti Bhunia….……..…..…......................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Agrpb9773C] Vs. Ito, Ward-39(1), Midnapore……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2024 Date Of Pronouncing The Order : May 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Preferred By The Assessee, One Is Pertaining To The Quantum Addition & The Other Is Deleting To The Levying Of Penalty U/S 271(1)(C) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Assessee’S Appeal Relating To Quantum Addition & Second Is Penalty Addition. 2. Ita No.327/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Ought To Have Considered That The Recorded Reasons To Believe Are Invalid & Improper & As Such, The Reassessment Framed Vide Order Dated19.12.2019 Is Bad In Law & Is Liable To Be Quashed.

Section 271(1)(c)

…Calcutta High Court is reproduced as under: “Thus, in our view, the learned tribunal rightly rejected the contention raised by the revenue and also rightly noted the decision of the Hon’ble Supreme Court in Sanjeev Woollen Mills v. CIT [2005] 149 Taxman 431/279 ITR 434 wherein it was held that valuation of the assessee at market value, which was higher than the cost, resulted in the imaginary or notional potential profit out of itself and not any real profit or income which can be taxed.” 4. The ld. DR could not rebut the aforesaid submissions of the ld. counsel for the assessee. I.T.A. Nos.327&328/Kol/2024 As…

PIJUSH KANTI BHUNIA,MIDNAPUR vs. ITO, WARD-39(1), MIDNAPORE

The appeals of the assessee stand allowed

ITA 327/KOL/2024[2016-17]Status: DisposedITAT Kolkata08 May 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.327&328/Kol/2024 Assessment Years: 2016-17 Pijush Kanti Bhunia….……..…..…......................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Agrpb9773C] Vs. Ito, Ward-39(1), Midnapore……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 02, 2024 Date Of Pronouncing The Order : May 08, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Preferred By The Assessee, One Is Pertaining To The Quantum Addition & The Other Is Deleting To The Levying Of Penalty U/S 271(1)(C) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Assessee’S Appeal Relating To Quantum Addition & Second Is Penalty Addition. 2. Ita No.327/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Ought To Have Considered That The Recorded Reasons To Believe Are Invalid & Improper & As Such, The Reassessment Framed Vide Order Dated19.12.2019 Is Bad In Law & Is Liable To Be Quashed.

Section 271(1)(c)

…Calcutta High Court is reproduced as under: “Thus, in our view, the learned tribunal rightly rejected the contention raised by the revenue and also rightly noted the decision of the Hon’ble Supreme Court in Sanjeev Woollen Mills v. CIT [2005] 149 Taxman 431/279 ITR 434 wherein it was held that valuation of the assessee at market value, which was higher than the cost, resulted in the imaginary or notional potential profit out of itself and not any real profit or income which can be taxed.” 4. The ld. DR could not rebut the aforesaid submissions of the ld. counsel for the assessee. I.T.A. Nos.327&328/Kol/2024 As…

DCIT-41(4)(1), MUMBAI vs. ABDULSATTAR SULEMAN GHASWALA, MUMBAI

In the result appeal of learned Assessing officer for A

ITA 1658/MUM/2023[2013-14]Status: DisposedITAT Mumbai21 Dec 2023AY 2013-14

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Abdulsattar Suleman Dcit-41(4)(1) Ghaswala Room No. 425, 4Th Floor, Kautilya 142/48 Ghaswala Estate Bhavan, Bkc, Bandra(East) Vs. S V Road Jogeshwari(W) Mumbai-400051 Mumbai-400102 (Appellant) (Respondent) Pan No. Aalpg9088R Co No. 83/Mum/2023 (Arising In Ita No. 1658/Mum/2023 For A.Y. 2013-14) Abdulsattar Suleman Ghaswala Dcit-41(4)(1) Room No. 425, 4Th Floor, Kautilya 142/48 Ghaswala Estate S V Road Jogeshwari(W) Bhavan, Bkc, Bandra(East) Vs. Mumbai-400051 Mumbai-400102 (Cross Objector/ Appellant) (Respondent) Pan No. Aalpg9088R

For Appellant: Shri. K. ShivramFor Respondent: Shri. Ajay Chandran, DR
Section 143(3)Section 148

…ssee in A.Y. 2013-14 on account of the revaluation of land which was brought into the books of the firm in A.Y. 2011-12 at ₹ nil. The learned CIT (A) relied upon the decision of the Hon'ble Supreme Court in the case of Sanjeev Woolen Mills vs. CIT reported in 279 ITR 434 (SC) and also of the co-ordinate Bench in the case of ITO ward 1(4), Calcutta, Vs. M/s. Orchid Griha Nirman Pvt. Ltd. in ITA No.2269/Kol/2013. Accordingly, the appeal of the assessee was allowed. The learned Assessing Officer aggrieved with the appellate order has preferred this appeal before us. 010. The learned Departmental Representative subm…

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