Topandas Kundanmal v. CIT

114 ITR 237High Court1978#14708 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2008 to 2024.

Judgments citing Topandas Kundanmal v. CIT

M/S Ayush Ajay Construction Pvt. Ltd., Indore vs. The DCIT Central-(1), Indore

The appeal is dismissed

ITA 174/IND/2023[2018-19]Status: DisposedITAT Indore12 Jan 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Ayushajay Construction Pr.Cit-1, Private Limited, Indore. बनाम/ 3/3, South Tukoganj, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Aacca 5523 B Assessee By Shri Prakash Jain & Ms. Shreya Jain, Cas Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 22.11.2023 Date Of Pronouncement 12.01.2024

Section 143(3)Section 263

…At the same time, it safeguards the assessee and prevents harassment. To hold otherwise would be contrary to the provisions of law." (pp. 657-58) The legal position was explained in further detail by the Gujarat High Court in Topandas Kundanmal v. CIT [1978] 114 ITR 237 . The High Court was called upon to decide whether the right to receive the enhanced compensation under the Land Acquisition Act, 1897, accrued or arose to the assessee when he sought a reference under section 18 of the said Act or when the award was made by the Civil Judge although an appeal was pending against that award. The learned Judges ref…

ADIT, New Delhi vs. Mr. Sudhir Choudhary, New Delhi

In the result, the appeal of the revenue is allowed

ITA 2013/DEL/2013[2009-10]Status: DisposedITAT Delhi12 Feb 2019AY 2009-10

Bench: Shri Bhavnesh Saini & Shri O.P. Kantasstt. Year: 2009-10

For Appellant: Smt. Jyoti Narula, CAFor Respondent: Shri S.S. Rana, CIT(DR)

Section 143(2)Section 143(3)

…compensation was an inchoate right and the enhanced compensation would accrue to the assessee only when the Court accepted its claim. The Supreme Court also made a reference to two decisions of the Gujarat High Court, namely, Topandas Kundanmal v. CiT r 1978] 114 ITR 237 and Addl. ClT v. New Jehangir Vakil Mills Co. Ltd. [1979] 117 ITR 849 to conclude that on the final determination of the amount of compensation, the right to such income in the nature of compensation would arise or accrue and till then there was no liability in praesenti in respect of the additional amount of compensation claimed by the owner of…

ACIT Cir, 31 (1) Room No. 217, New Delhi vs. Rngs Consortium, New Delhi

In the result ITA No. 153/Del/2009 is dismissed

ITA 2238/DEL/2008[2004-2005]Status: DisposedITAT Delhi20 Dec 2018AY 2004-2005

Bench: Shri Amit Shukla & Shri Prashant Maharishiasst Commissioner Of Income Vs. M/S. Rngs Consortium, Tax, 8, Aradhana Colony, Circle-31(1), Cr Building, Ip Sector-13, Rk Puram, New Estate, New Delhi Delhi (Appellant) (Respondent) Dcit, Vs. M/S. Expotec International Circle-11(1), Ltd, 8, Aradhana Colony, Rk New Delhi Puram, Sector-13, New Delhi (Appellant) (Respondent)

For Appellant: Shri Ajay vohra, Sr. AdvFor Respondent: Shri Surender Pal, Sr. DR

Section 144Section 145(3)Section 44A

…of the Revenue. At the same time, it safeguards the assessee and prevents harassment. To hold otherwise wduld be contrary to the provisions of law." (emphasis supplied) 34. The appellant also refered to and relied upon the case of Topandas Kundanmal vs. CIT: 114 ITR 237 (Guj.). Addl. CIT vs. New Jehangir Vakil Mills Co. Ltd.. 117 ITR 849 (Guj.). K. V. Moosa Koya and Co. vs. ITO: 175 ITR 120 (Ker.), CIT vs. Mysore Sugar Company Limited: 183 ITR 113 (Kar.), CIT vs. Abdul Mannan Shah Mohammed: 248 ITR 614 (Bom.) and CIT vs. Bavla Gopalak Vividh Karyakari Sahakari Mandli Limited: 253 ITR 97 (Guj ) 35.. It was furthe…

Sh. Vikas Kapoor, Delhi vs. ACIT, New Delhi

In the result, the appeal of the Assessee is allowed

ITA 5936/DEL/2016[2008-09]Status: DisposedITAT Delhi28 Mar 2017AY 2008-09

Bench: Shri H.S. Sidhuassessment Year: 2008-09

For Appellant: SH. V.K.SABHARWAL, ADV. &For Respondent: MS. BEDOBINA CHAUDHURI, SR. DR

Section 139(1)Section 142(1)Section 143Section 143(1)Section 143(3)Section 147Section 148

…Ttrath Ram Ahuja (HUF), (2008) 306ITR 173 (DEL) 45. In P. C Gulati, Voluntary Liquidator, Panipat Electric Supply Co. Ltd. v. CIT, Delhi, (1972) 86ITR 501 (DEL), 46. Harish Chandra & Ors. v. CIT, (1985) 154 ITR 478 (DEL) Topandas Kundanmal v. CIT, (1978) 114 ITR 237 (GUJ) were also quoted with approval. 47: CIT, West Bengal II v. Hindustan Housing & Land Development Trust Limited, (1986) 161 ITR 524 (SC). 48. New Friends Co-operative House Building Society Ltd. v. CIT & Anr., (2010) 327 ITR 39 (P&H) 49.ITO, Calcutta & Ors. v. Lakhmani Mewal Das, (1972) 103 ITR 437 (SC) 50. Chanchal Kumar Chatterjee v.…

M/S Central India Electric Supply Co.Ltd vs. ITO-Company Circle X & Ors

The appeal is allowed leaving the parties to bear their own

ITA - 17 / 1999HC Delhi28 Jan 2011

Bench: Us In The Present Appeal, Are: “(1) Whether On The Facts & In The Circumstances Of The Case, The Tribunal Was Justified In Holding That Re-Assessment Proceedings Under Section 147(A) Read With Section 148 Of The Income-Tax Act, 1961 Had Been Rightly Initiated Against The Assessee?

Section 143(3)Section 147Section 148Section 151Section 54

…and unless the question of payment of enhanced compensation was decided and the amount of enhanced compensation became determinable and payable, the amount could not be said to arise or accrue. The observations made in Topandas Kundanmal v. CIT, (1978) 114 ITR 237 (GUJ) were also quoted with approval. 15. In CIT, West Bengal II v. Hindustan Housing & Land Development Trust Limited (1986) 161 ITR 524 (SC) the 2011:DHC:510-DB Supreme Court considered the issue as to when the income could be said to accrue or arise for purposes of income-tax. It was held that unless and until a debt is credited in…

Commissioner of Income Tax Del vs. Sarvatra Roadrunners P.Ltd

The appeal is dismissed

ITA/687/2007HC Delhi19 Feb 2008

Bench: The Madhya Pradesh High Court At Jabalpur. While Admitting The Appeal Filed By Secl, The Madhya Pradesh High Court Passed The Following Orders On 14Th October, 1996 & 13Th December, 1996. The Order Dated 14Th

Section 143(1)(a)Section 148

…ITA No.687/2007 Page 1 of 10 * HIGH COURT OF DELHI : NEW DELHI + ITA No.687 of 2007 Judgment reserved on: January 25, 2008 % Judgment delivered on: February 19, 2008 Commissioner of Income Tax Delhi-III, C.R. Building, New Delhi ...Appellant Through Ms. Rashmi Chopra, Advocate Versus Sarvatra Roadrunners (Pvt.) Ltd. 104, Bhanot Chamber 3, Community Centre New Delhi ...Respondent Through Nemo Coram: HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporte…