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“ICDS”

ICDS & AccountingSection 145(2)Section 145(2)865 judgments

The decision most relied on for ICDS is ICDS Ltd. v. CIT (350 ITR 527), cited in 280 judgments on BharatTax.

Leading authorities on ICDS

ICDS Ltd. v. CIT
350 ITR 527 · 2013 · Supreme Court
280
citing judgments

An assessee engaged in the business of hire purchase or leasing, being the lessor, is entitled to claim depreciation on assets leased out, even if the assets are registered in the name of the lessee and used by the lessee.

SB) in Indusind Bank Ltd. v. ADIT
19 Taxmann.com 173 · 2012 · Reported
28
citing judgments

A Special Bench decision of the Tribunal rendered prior to a Supreme Court decision is subordinate to the Supreme Court ruling.

ICDS Ltd. v. CIT
10 SCC 529 · Reported
24
citing judgments

The Supreme Court remands a matter when an assessee is deprived of the opportunity to cross-examine individuals whose statements were relied upon by the Revenue under Section 132(4) of the Income Tax Act.

ICDS Limited v. CIT (
69 Taxmann.com 317 · 2016 · High Court
24
citing judgments

In lease transactions, only the lessor is entitled to claim depreciation, regardless of whether the lease is a finance lease or an operating lease. This is because the substantial risks and rewards of ownership are not transferred to the lessee.

Manipal Finance Corporation Limited v. ACTT Circle-1 Udupi
49 Taxmann.com 353 · 2014 · High Court
19
citing judgments

This case discusses the allowability of depreciation on leased assets in finance leases, a matter that has been addressed by the Supreme Court in ICDS Ltd vs CIT.

CIT v. G Narasimhan
236 ITR 327 · 1999 · Supreme Court
15
citing judgments

Accumulated profits for the purpose of deemed dividend under section 2(22)(e) are to be computed in accordance with the Income Computation and Disclosure Standards (ICDS) rather than opening balances as per Indian GAAP. This case also touches upon the definition of 'transfer' under section 2(47).

Chamber of Tax Consultants & Anr. v. UOI
87 Taxmann.com 92 · 2017 · High Court
10
citing judgments

The Delhi High Court held that Income Computation and Disclosure Standards (ICDS) notified under Section 145(2) were ultra vires the provisions of the Income Tax Act, as they exceeded delegated legislative power. Subsequently, Section 43CB was introduced to provide statutory backing for certain ICDS provisions, such as those related to construction contracts using the percentage of completion method.

Judgments citing ICDS

Akshay Merchantile Pvt. Ltd., Chennai vs. ACIT, Central Circle-2(1), Chennai

The appeal stands partly allowed

ITA 1803/CHNY/2024[2017-18]Status: DisposedITAT Chennai20 Nov 2024AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./Ita No.1803/Chny/2024 (िनधा)रण वष) / Assessment Year: 2017-18) & 2. Stay Application No.47/Chny/2024 (In Ita No.1803/Chny/2024) (िनधा)रण वष) / Assessment Year: 2017-18) M/S. Akshay Mercantile Pvt. Ltd. Dcit बनाम E-5, Moogambika Complex, Central Circle-Ii(1), 4, Lady Desika Road, Mylapore, Chennai. / Vs. Chennai-600 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaca-6248-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri K. Ravi (Advocate)- Ld.Ar " थ"कीओरसे/Revenue By : Shri A. Sasikumar (Cit)-Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 14-11-2024 घोषणाकीतारीख /Date Of Pronouncement : 20-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri K. Ravi (Advocate)- Ld.ARFor Respondent: Shri A. Sasikumar (CIT)-Ld. Sr. DR
Section 143(3)Section 14ASection 158BSection 250

Rs.56,40,201/- on account of debtors. 3. The hybrid system for accounting can be adopted if the same is being followed consistently. The ICDS applies only to the computation of income and not to the method 4. of maintenance of books on accounts. The provisions of the Income ... override ICDS. 5. The Delhi High Court in the case of Chamber of Tax Consultants and Another vs Union of India & Ors. (W.P.(C) 5595/ 2017) have struck down Circular No.10 /2017 and held a few paragraphs of ICDS-IV to be ultra vires to the provisions of the Income

Asstt. Commissioner of Income-Tax, Circle-5, Pune vs. Sangam Press Private Limited, Pune

Appeal is dismissed

ITA 674/PUN/2024[2017-18]Status: DisposedITAT Pune25 Oct 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Satbeer Singh Godaraआयकर अपील सं. / Ita No.674/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Acit, Circle-5, Pune. Vs. Sangam Press Private Limited, 17-B, Sangam House, Sangam Press Road, Pune- 411038. Pan : Aaccs5995B Appellant Respondent Revenue By : Shri Ajay Kumar Keshari Assessee By Shri C. H. Naniwadekar : Date Of Hearing : 10.09.2024 Date Of Pronouncement : 25.10.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Revenue’S Appeal For Assessment Year 2017-18 Arises Against The Commissioner Of Income Tax (Appeals)-12, [In Short The “Cit(A)”] Pune’S Din & Order No.Itba/Apl/S/250/2023- 24/1060642739(1), Dated 08.02.2024, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”). Heard Both The Parties. Case File Perused.

For Respondent: Shri Ajay Kumar Keshari
Section 143(3)Section 43C

income without any basis. 9. We would like to draw your attention that section 43CB which mandates following of percentage completion method as per ICDS III was introduced by Finance Act 2018 w.r.e.f. 01.04.2017. When referred to ICDS III, the transitional provisions specifies that contracts commenced on or before ... revenue recognition in light of the “income computation and disclosure standards/ICDS” notified u/s 145(2) of the Act, which in turn, take us to“ICDS-3” containing not only clause 9 that “contract revenue shall be recognized when there is reasonable certainty of its ultimate collection” but also clause