U.P. Bhumi Sudhar Nigam v. CIT

280 ITR 197High Court2006#9629 most cited

What is U.P. Bhumi Sudhar Nigam v. CIT authority for?

This case establishes four tests to determine whether income is diverted by an overriding title or is merely an application of income. If a third party is entitled to receive an amount before the assessee can claim it as income, it constitutes diversion by overriding title.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2024.

Also referred to as

U.P. Bhumi Sudhar Nigam v. CIT · 280 ITR 197 · diversion of income · application of income · overriding title · income tax law · Allahabad High Court · taxability of income · accounting principles · income from business

Judgments citing U.P. Bhumi Sudhar Nigam v. CIT

Loramitra Rath, Kairapari Kotsahi, Tangi vs. DCIT (Circle-1(1), Cuttack

The appeal is allowed

ITA 314/CTK/2023[2015-16]Status: HeardITAT Cuttack05 Sept 2024AY 2015-16

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2015-16 Loramitra Loramitra Rath, Rath, Kairapari Kairapari Vs. Dcit, Circle Dcit, Circle-1(1), Kotsahi, Tangi, Cuttack Kotsahi, Tangi, Cuttack Cuttack Pan/Gir No. No.Aebpr 6065 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Purnendhu Bhusan Mohanty, Ca Purnendhu Bhusan Mohanty, Ca Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr

For Appellant: Shri Purnendhu Bhusan Mohanty, CAFor Respondent: Shri S.C.Mohanty, Sr
Section 48

…o Chemicals Ltd. vs. CIT 216 ITR 291(Bom.) 32 5 33 State Bank of Travancore vs. Commissioner of Income Tax 158 ITR 2 102 (SC) T.S. Hajee Moosa & Co Vs. ACIT (ITAT Chennai) 34 28 P a g e 5 | 59 Assessment Year : 2015-16 U.P. Bhumi Sudhar Nigam vs. CIT [2006] 280 ITR 197(Allahabad) 35 17 V. N. V. Devarajulu Chetty and Co. v. CIT [1950] 18 ITR 357 36 24 Vibhuti Glass Works vs. CIT [1989] 177 ITR 439 (SC) 37 13 B STATEMENT OF FACTS For the sake of brevity and convenience of this Hon'ble Court the facts of the present case are summarize as follows: 1. The assessee is an individual and held directorship in various c…

DCIT (E), Circle- Ghaziabad, Ghaziabad vs. Sewa- Thdc, Rishikesh

The appeal of the Revenue is dismissed, the Cross

ITA 3425/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Jan 2024AY 2015-16

Bench: Sh. Challa Nagendra Prasaddr. B. R. R. Kumar

For Appellant: Sh. Swarn Singh, CAFor Respondent: Sh. Vivek Kumar Upadhyay, Sr. DR
Section 1Section 11(2)Section 127Section 12ASection 143(2)Section 2

…31.03.2015 was shown on the liability side of the Balance Sheet for Sewa THDC i.e. for appellant. Reliance in this regard is placed on the following Judgments: 1. Judgment of Hon'ble Allahabad High Court in the case of U.P. Bhoomi Sudhar Nigam Vs. CIT [2006] 280 ITR 197. [PB. 104-109] 2. Judgment of the Hon'ble Supreme Court in the case of Siddheshwar Sakari Sahkar Karkhana Ltd. Vs. CIT [2004] 139 Taxman 434 (SC) [PB. 110-125] 3. Judgment of the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs Sitaldas Tirathdas [1961] 41 ITR 367 (SC) [PB. 126-130] In which the Hon'ble Supreme Court has held as…

Mumbai International Airport P.Ltd, Mumbai vs. DCIT 10(2)(2), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 2018/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Jan 2020AY 2013-14

Bench: Shri G. Manjunatha & Shri Ravish Soodmumbai International Airport Vs. Dcit,Circle-10(2)(2) Private Limited Room No.209,Aaykar Bhawan Finance Department M.K.Road 1St Floor, Terminal 1B Mumbai-400 020 Chhatrapati Shivaji Internaitonal Airport Santacruz (E) Mumbai-400 099 Pan/Gir No.Aaecm6285C (Appellant) .. (Respondent) & Dcit-10(2)(2) Vs. Mumbai International Room No.216-A,Aaykar Bhawan Airport Private Limited M.K.Road Finance Department, 1St Floor, Terminal 1B Mumbai-400 020 Chhatrapati Shivaji Internaitonal Airport Santacruz (E) Mumbai-400 099

Section 143(3)Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All) formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before…

DCIT 8(2), Mumbai vs. Mumbai International Airport P. Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5655/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

Mumbai International Airport P. Ltd, Mumbai vs. Addl CIT 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4784/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

DCIT 8(2), Mumbai vs. Mumbai International Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5592/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4911/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

DCIT 8(2), Mumbai vs. Mumbai Internaiotnal Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4675/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(20, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 1081/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All)formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before h…

Addl CIT 8(2), Mumbai vs. Mumbai International Airport P. Ltd, Mumbai

ITA 3232/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Nov 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09

Section 143(3)Section 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All) formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before…

Mumbai International Airport P. Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

ITA 2760/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Nov 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09

Section 143(3)Section 40

…time to time, analysed the law in this regard and suggested various tests to find out whether in a give facts it was a case of ‘diversion’ or ‘application’ of income. We find that the Hon’ble Allahabad High Court in the case of U.P. Bhumi Sudhar Nigam vs CIT 280 ITR 197 (All) formulated a set of four tests to find out whether in a given situation, it would be a case of diversion of income by overriding title or not. The Hon’ble Court, after analysing various other judgments suggested following principles:- (i) If a third person becomes entitled to receive an amount under an obligation of an assessee even before…

U.P. Bhumi Sudhar Nigam v. CIT (280 ITR 197) — Cited in 11 Judgments | BharatTax