United Commercial Bank v. CIT

240 ITR 355Supreme Court of India1999#245 most cited

What is United Commercial Bank v. CIT authority for?

Liabilities accrued on a notional basis are allowable as deductions under the mercantile system of accounting even if their exact quantification or discharge is deferred to a future date or if the demand itself is disputed.

314

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2009 to 2026.

Also referred to as

United Commercial Bank v. CIT · Section 145 · Section 37(1) · mercantile system of accounting · accrual basis deduction · unascertained liability · provision for expenses · deferred quantification · disputed liability · business deductions

Issues it is cited on

Judgments citing United Commercial Bank v. CIT

ITO 2(1)(1), Mumbai vs. Central; Bank of India, Mumbai

Appeal stands dismissed

ITA 910/MUM/2011[2003-04]Status: DisposedITAT Mumbai04 Oct 2017AY 2003-04

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Deputy Commissioner Of Central Bank Of India Income Tax 2(1) Central Office बनाम/ Central Accounts Deptt. Aaykar Bhavan Vs. Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : & C.O. No. 153/2012 [Arising Out Of Ita No.8581/Mum/2010 (िनधा"रण वष" / Assessment Year: 1999-2000) Central Bank Of India Deputy Commissioner Of Central Office Income Tax 2(1) बनाम/ Central Accounts Deptt. Aaykar Bhavan Chandermukhi, 4Th Floor Room No. 575, 5Th Floor Vs. Nariman Point, Mumbai-400 021 M.K.Road, Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacc-2498-P (अपीलाथ" /Appellant) (""थ" / Respondent) : &

Section 115JSection 143(3)Section 147

…treated as capital gain as they are covered within the definition of Long term capital gain. Hence the A.O.is not justified in treating the Long term capital gain shown by the assessee as business income. Reliance is placed on the decision of UCO Bank vs CIT (240 ITR 355). Reliance is also placed on the decision of CIT Vs NSS Investment Pvt. Ltd. (277 ITR 149)(MAD) wherein it was held that a company can hold shares as the stock-in trade for the purpose of doing business of buying and selling such shares at the same time it can also hold some other shares as its capital for the purpose of earning dividend. The sha…