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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

Mayfair Properties, Kolkata vs. DCIT, Cir. 32, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 395/KOL/2024[2018-19]Status: DisposedITAT Kolkata06 Aug 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.395/Kol/2024 Assessment Year: 2018-19 Mayfair Properties….…………….....……………………....………....Appellant 194, Hossenpur, Mayfair Tower, C N Roy Road, East Kolkata Township, West Bengal-700107. [Pan: Aagfm2513C] Vs. Dcit, Circle-32, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Manish Kumar Mundra, Ar, Appeared On Behalf Of The Appellant. Md. Ghayansuddin, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 20, 2024 Date Of Pronouncing The Order : August 06, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 13.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer Of Rs.16,47,19,380/- By Making Assessment Of The Income Of The Assessee Applying Percentage Completion Method As Against The Plea Of The Assessee That It Has Been Regularly Following Project Completion Method.

Section 145(2)Section 250

this, the Central Government exercising power u/s 145(2) has notified Income I.T.A. No.395/Kol/2024 Assessment Year: 2018-19 Mayfair Properties Computation and Disclosure Standards (‘ICDS’) III vide Notification No.S.O 3079(E) dated 29.09.2016 relating to construction contracts. The Assessing Officer observed that as per the said ICDS III notified ... project completion method, which has not been rebutted by the revenue authorities. 5.1 So far as the reliance of the Assessing Officer on the ICDS III notified by the Central Government is concerned, the ld. Counsel has submitted that the Assessing Officer has partially noted the provisions of accounting standards

Huhtamaki India Limited, Mumbai vs. Principal Commissioner of Income-Tax - 6, Mumbai

ITA 2668/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024

Bench: Shriamarjit Singh & Shri Anikesh Banerjeeι.Τ.Α No.2668/Mum/2024 (Assessment Year : 2018-19) Huhtamaki India Limited A-802, Cresenzo, C-38/39 G Block, Brandra Kurla Complex Bandra (East), Mumbai Pan: Aaact0086E Appellant Vs Principal Commissioner Of Income- Tax-6, Mumbai 5Th Floor, Aayakar Bhavan, Mahrishi Karve Road, Mumbai-400 020 Respondent Assessee By : Shri Nikhil Tiwari Respondent By : Shrisolgy Jose T. Kottaram(Cit Dr) Date Of Hearing : 22/07/2024 Date Of Pronouncement : 29/07/2024 Order Per Anikesh Banerjee, J.M: Instant Appeal Of The Assessee Is Preferred Against The Order Of Thelearned Principal Commissioner Of Income-Tax, Mumbai-6 (For Brevity, ‘Ld.Pcit') Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act'), For Assessment Year 2018-19, Date Of Order21.03.2024.The Impugned Order Was Emanated From The Order Of The National E-Assessment Centre, Delhi, (In Short, ‘The A.O.') Passed Under Section 143(3)Read With Section 144B Of The Act, Date Of Order19/04/2021. 2. The Assessee Has Taken Following Grounds Of Appeal:-

For Appellant: Shri Nikhil TiwariFor Respondent: ShriSolgy Jose T. Kottaram(CIT DR)
Section 143(3)Section 144BSection 250Section 263

Attention in this regard is drawn toward CBDT circular no 10/2017 dated 23 March 2017 wherein the CBDT had clarified very clearly that ICDS shall apply for computation of taxable income under the head Profits & Gains from Business or Profession irrespective of the Accounting Standards adopted by the companies ... either Accounting Standards or Ind-AS. Relevant extract of the circular is reproduced as under. "Question 5: ICDS is framed on the basis of accounting standards notified by Ministry of Corporate Affairs (MCA) vide Notification No. GSR 739(E) dated 7 December 2006 under section 211(3C) of erstwhile Companies

New Balance It Services India Pvt. Ltd., Pune vs. Income Tax Officer(1)- Circle 2, Punepune, Pune

ITA 246/PUN/2024[2022-23]Status: DisposedITAT Pune05 Jun 2024AY 2022-23

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 0245 & 0246/Pun/2024 निर्धारण वषा / Assessment Year : 2020-21 & 2022-23 New Balance It Services India Pvt. Ltd. Level-1, Wing-A, Tower-06, Cybercity, Magarpatta, Pune-411013. Pan : Aaccn5091R . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Income Tax Officer-1, Circle-2, Pune . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Rajendra Agiwal [‘Ld. Ar’] Revenue By : Mr Ramnath Murkunde [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 28/05/2024 घोषणा की तारीख / Date Of Pronouncement : 05/06/2024 आदेश / Order Per G. D. Padmahshali, Am; This Twin Appeals Are Instituted U/S 253(1)(Aa) Of The Income Tax Act [‘The Act’] By The Assessee Challenging The Respective First Appellate Orders Dt. 19/12/2023 Passed U/S 250 Of The Act By The Commissioner Of Income Tax Appels [‘Cit(A)’] For The Assessment Years 2020-21 & 2022-23 [‘Ay’] Which In Turn Arisen Out Of Separate Orders Of Intimation Passed U/S 143(1) Of The Act.

For Appellant: Mr Rajendra Agiwal [‘Ld. AR’]For Respondent: Mr Ramnath Murkunde [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(1)(a)Section 145Section 145(2)Section 250Section 253(1)(aa)Section 28

establish the compliance of provisions of section 145 of the Act and coupled with non-compliance of applicable income computation and disclosure standards [‘ICDS’] issued on ‘Inventory Valuation’ & ‘Revenue Recognition’ the said amounts of GST refund were added to total income and accordingly brought to tax in the respective assessment ... when incurred nor credited to P&L upon their refund. It is further avowed that, although section 145 of the Act r.w. provisions of ICDS-II mandates the assessee to follow ‘inclusive method’ [‘Gross basis, inclusive of taxes’] for the purpose of recording transactions & inventory valuations, the exclusive method followed

New Balance It Services India Pvt. Ltd., Pune vs. Income Tax Officer(1)- Circle 2, Pune

ITA 245/PUN/2024[2021-22]Status: DisposedITAT Pune05 Jun 2024AY 2021-22

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 0245 & 0246/Pun/2024 निर्धारण वषा / Assessment Year : 2020-21 & 2022-23 New Balance It Services India Pvt. Ltd. Level-1, Wing-A, Tower-06, Cybercity, Magarpatta, Pune-411013. Pan : Aaccn5091R . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Income Tax Officer-1, Circle-2, Pune . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Rajendra Agiwal [‘Ld. Ar’] Revenue By : Mr Ramnath Murkunde [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 28/05/2024 घोषणा की तारीख / Date Of Pronouncement : 05/06/2024 आदेश / Order Per G. D. Padmahshali, Am; This Twin Appeals Are Instituted U/S 253(1)(Aa) Of The Income Tax Act [‘The Act’] By The Assessee Challenging The Respective First Appellate Orders Dt. 19/12/2023 Passed U/S 250 Of The Act By The Commissioner Of Income Tax Appels [‘Cit(A)’] For The Assessment Years 2020-21 & 2022-23 [‘Ay’] Which In Turn Arisen Out Of Separate Orders Of Intimation Passed U/S 143(1) Of The Act.

For Appellant: Mr Rajendra Agiwal [‘Ld. AR’]For Respondent: Mr Ramnath Murkunde [‘Ld. DR’]
Section 139(1)Section 143(1)Section 143(1)(a)Section 145Section 145(2)Section 250Section 253(1)(aa)Section 28

establish the compliance of provisions of section 145 of the Act and coupled with non-compliance of applicable income computation and disclosure standards [‘ICDS’] issued on ‘Inventory Valuation’ & ‘Revenue Recognition’ the said amounts of GST refund were added to total income and accordingly brought to tax in the respective assessment ... when incurred nor credited to P&L upon their refund. It is further avowed that, although section 145 of the Act r.w. provisions of ICDS-II mandates the assessee to follow ‘inclusive method’ [‘Gross basis, inclusive of taxes’] for the purpose of recording transactions & inventory valuations, the exclusive method followed