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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

Shri Anil Nanda, New Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessee is dismissed

ITA 3318/DEL/2017[2007-08]Status: DisposedITAT Delhi18 Aug 2021AY 2007-08

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2007-08 Anil Nanda, Vs Dcit, 12-C, Friends Colony, Circle-68(1), New Delhi. New Delhi. Pan Aafpn4381A (Appellant) (Respondent) Assessee By : Shri Deepak Ostwal, Ca Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 02.06.2021 Date Of Pronouncement : 18.08.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31St March, 2017 Of The Cit(A)-32, New Delhi Relating To Assessment Year 2007-08. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & It Filed Its Return Of Income On 30Th July, 2007 Declaring Total Income At Rs.8,25,64,675/-. The Assessment Was Completed U/S 143(3) Of The Act On 30Th October, 2009 Accepting The Returned Income. Subsequently, The Ao Reopened The Assessment U/S 147 Of The It Act, 1961 After Recording The Following Reasons:-

For Appellant: Shri Deepak Ostwal, CAFor Respondent: Shri Satpal Gulati, CIT, DR
Section 143(3)Section 147Section 148Section 151Section 2(22)(e)Section 246

issues that need to be examined are:- (1) Whether the amount was an Inter-corporate Deposit and different from unsecured loan. (2) Whether ICD is beyond the preview of being considered as deemed dividend. (3) Whether the appellant derived any benefit out of the transaction, so as to be taxed ... received loan from M/s joint Investment (P) Ltd. The matter was further examined by the Hon'ble ITAT, Amritsar Bench, which has held that ICD falls under the broader term 'deposit' and therefore cannot be distinguished from loans & advances as argued by the appellant. The Hon'ble Bench dismissed

Dalmia Bharat Sugar & Industries Ltd, New Delhi vs. Deputy Commissioner of Income-Tax, New Delhi

In the result appeal of the assessee for assessment year 2007 – 08 is partly allowed and appeal of the learned assessing officer for that year is dismissed

ITA 1044/DEL/2015[2005-06]Status: DisposedITAT Delhi03 Aug 2021AY 2005-06

Bench: Shri Prashant Maharishi & Shri K.N.Chary(Through Video Conferencing) M/S. Dalmia Bharat Sugar & Dcit, Industries Ltd. [Formerly Known Vs. As Dalmia Cement (Bharat) Ltd. Circle – 1, Ltu, 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dcit, M/S. Dalmia Bharat Sugar Circle – 1, Ltu, Vs. & Industries Ltd., New Delhi. 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dalmia Cement (Bharat) Ltd, Vs. Acit (Ltu), (Now Known As Dalmia Bharat Nbcc Plaza, New Delhi Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K (Appellant) (Respondent) Acit (Ltu), Vs. Dalmia Cement (Bharat) Ltd, Nbcc Plaza, New Delhi (Now Known As Dalmia Bharat Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K

For Appellant: Shri R. M. Mehta, FCAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 143Section 254

decision of the Hon'ble Supreme Court in the case of CIT Vs Shaan Finance (P) Ltd (supra) and in the case of M/s ICDS Ltd. Vs CIT (supra) and M/s CIT Vs Kotak Mahindra Finance Ltd. (supra) and several other decisions on the same ratio, which have been cited

DCIT, New Delhi vs. Dalmia Bharat Sugar & Industries Ltd, New Delhi

In the result appeal of the assessee for assessment year 2007 – 08 is partly allowed and appeal of the learned assessing officer for that year is dismissed

ITA 1036/DEL/2015[2005-06]Status: DisposedITAT Delhi03 Aug 2021AY 2005-06

Bench: Shri Prashant Maharishi & Shri K.N.Chary(Through Video Conferencing) M/S. Dalmia Bharat Sugar & Dcit, Industries Ltd. [Formerly Known Vs. As Dalmia Cement (Bharat) Ltd. Circle – 1, Ltu, 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dcit, M/S. Dalmia Bharat Sugar Circle – 1, Ltu, Vs. & Industries Ltd., New Delhi. 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dalmia Cement (Bharat) Ltd, Vs. Acit (Ltu), (Now Known As Dalmia Bharat Nbcc Plaza, New Delhi Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K (Appellant) (Respondent) Acit (Ltu), Vs. Dalmia Cement (Bharat) Ltd, Nbcc Plaza, New Delhi (Now Known As Dalmia Bharat Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K

For Appellant: Shri R. M. Mehta, FCAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 143Section 254

decision of the Hon'ble Supreme Court in the case of CIT Vs Shaan Finance (P) Ltd (supra) and in the case of M/s ICDS Ltd. Vs CIT (supra) and M/s CIT Vs Kotak Mahindra Finance Ltd. (supra) and several other decisions on the same ratio, which have been cited

DCIT (Ltu), New Delhi vs. M/S. Dalmia Cement (Bharat) Ltd., New Delhi

In the result appeal of the assessee for assessment year 2007 – 08 is partly allowed and appeal of the learned assessing officer for that year is dismissed

ITA 4166/DEL/2014[2007-08]Status: DisposedITAT Delhi03 Aug 2021AY 2007-08

Bench: Shri Prashant Maharishi & Shri K.N.Chary(Through Video Conferencing) M/S. Dalmia Bharat Sugar & Dcit, Industries Ltd. [Formerly Known Vs. As Dalmia Cement (Bharat) Ltd. Circle – 1, Ltu, 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dcit, M/S. Dalmia Bharat Sugar Circle – 1, Ltu, Vs. & Industries Ltd., New Delhi. 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dalmia Cement (Bharat) Ltd, Vs. Acit (Ltu), (Now Known As Dalmia Bharat Nbcc Plaza, New Delhi Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K (Appellant) (Respondent) Acit (Ltu), Vs. Dalmia Cement (Bharat) Ltd, Nbcc Plaza, New Delhi (Now Known As Dalmia Bharat Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K

For Appellant: Shri R. M. Mehta, FCAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 143Section 254

decision of the Hon'ble Supreme Court in the case of CIT Vs Shaan Finance (P) Ltd (supra) and in the case of M/s ICDS Ltd. Vs CIT (supra) and M/s CIT Vs Kotak Mahindra Finance Ltd. (supra) and several other decisions on the same ratio, which have been cited

Dalmia Bharat Sugar and Industries Ltd., New Delhi vs. DCIT (Ltu), New Delhi

In the result appeal of the assessee for assessment year 2007 – 08 is partly allowed and appeal of the learned assessing officer for that year is dismissed

ITA 4124/DEL/2014[2007-08]Status: DisposedITAT Delhi03 Aug 2021AY 2007-08

Bench: Shri Prashant Maharishi & Shri K.N.Chary(Through Video Conferencing) M/S. Dalmia Bharat Sugar & Dcit, Industries Ltd. [Formerly Known Vs. As Dalmia Cement (Bharat) Ltd. Circle – 1, Ltu, 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dcit, M/S. Dalmia Bharat Sugar Circle – 1, Ltu, Vs. & Industries Ltd., New Delhi. 11Th & 12Th Floors, Hansalaya, 15 – Barakhamba Road, New Delhi – 110 001. Pan: Aaacd2281K (Appellant) (Respondent) Dalmia Cement (Bharat) Ltd, Vs. Acit (Ltu), (Now Known As Dalmia Bharat Nbcc Plaza, New Delhi Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K (Appellant) (Respondent) Acit (Ltu), Vs. Dalmia Cement (Bharat) Ltd, Nbcc Plaza, New Delhi (Now Known As Dalmia Bharat Sugar & Industries Ltd), Hansalya, 11Th & 12Th Floors, 15, Barakhamba Road, New Delhi Pan: Aaacd2281K

For Appellant: Shri R. M. Mehta, FCAFor Respondent: Ms. Nidhi Srivastava, CIT DR
Section 143Section 254

decision of the Hon'ble Supreme Court in the case of CIT Vs Shaan Finance (P) Ltd (supra) and in the case of M/s ICDS Ltd. Vs CIT (supra) and M/s CIT Vs Kotak Mahindra Finance Ltd. (supra) and several other decisions on the same ratio, which have been cited