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“mercantile system of accounting”

ICDS & AccountingSection 145Section 1451,487 judgments

The decision most relied on for mercantile system of accounting is CIT v. Woodward Governor India Pvt. Ltd. (312 ITR 254), cited in 968 judgments on BharatTax.

Leading authorities on mercantile system of accounting

CIT v. Woodward Governor India Pvt. Ltd.
312 ITR 254 · 2009 · Supreme Court
968
citing judgments

Foreign exchange fluctuations, whether gains or losses, are inextricably linked to the underlying business transaction and must be accounted for under the mercantile system. The Supreme Court also affirmed the standard accounting principle of valuing stock at cost or net realisable value, whichever is lower.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

Rotork Controls India Pvt. Ltd. v. CIT
314 ITR 62 · 2009 · Supreme Court
739
citing judgments

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

Kedarnath Jute Mfg. Co. Ltd. v. CIT
82 ITR 363 · 1971 · Supreme Court
654
citing judgments

Tax liability for an item of income or expenditure is determined solely by the provisions of the Income-tax Act. Entries in an assessee's books of account are not conclusive and do not govern the taxability or deductibility of an item, as the legal rights and obligations under the Act prevail.

Lalchand Bhagat Ambica Ram v. CIT
37 ITR 288 · 1959 · Supreme Court
570
citing judgments

Where an assessee maintains regular books of account, and these books are not rejected or found defective by the Assessing Officer, any cash deposits or available cash shown in the cash book, if sufficient to cover the transaction, cannot be treated as unexplained income or an addition under sections 68 or 69A.

Calcutta Co. Ltd. v. CIT
37 ITR 1 · 1959 · Supreme Court
341
citing judgments

When following the mercantile system of accounting, provisions for liabilities made on a scientific and rational basis are allowable as deductions, even if their actual quantification and discharge are deferred to a future date.

United Commercial Bank v. CIT
240 ITR 355 · 1999 · Supreme Court
314
citing judgments

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.

M.M.Aqua Technologies Limited v. CIT
436 ITR 582 · 2021 · Supreme Court
308
citing judgments

Amendments to tax law that impose new obligations or change existing legal positions apply prospectively, even if stated to be "for the removal of doubts." The judgment also clarifies that deductions under Section 43B are allowed only on actual payment, overriding the mercantile system of accounting.

Judgments citing mercantile system of accounting

Lilavantiben Gordhanbhai Padariya, Rajkot vs. ITO, Ward 1(1)(3), Rajkot

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 372/RJT/2023[2013-14]Status: DisposedITAT Rajkot19 Sept 2025AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 372/Rjt/ 2023 ("नधा"रणवष" / Assessment Year: (2013-14) Lilavantiben Gordhanbhai Padariya Vs. Ito, Wd – 1(1)(3), Rajkot Vrajdham, Shardanagar Main Road, Aayakar Bhavan, Race Course Mabdi Road, Rajkot – 360001 Ring Road, Rajkot – 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acgpp7067E (Appellant) (Respondent) Appellant By : Shri D. M. Rindani, Ld.Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 24/06/2025 Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 09.09.2023, Which In Turn Assessment Order Passed By Assessment Unit, Income Tax Department / Assessing Officer Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”), Vide Order Dated 04.12.2017. 2. Grounds Of The Appeal Raised By The Assessee Are As Follows: 1. The Learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi Erred In Upholding Validity Of Assessment U/S 147 By Issue Of Notice U/S 148 Of The Act. 2 The Learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi Erred In Confirming Action Of Assessing Officer In Making Addition Of Rs. 1,11,13,196/- By Way Of Alleged Difference Between Sales As Per Annual Vat Return & Sales As Per Audited Accounts By Failing To Appreciate That The Alleged Difference Was Duly Reconciled & Explained.

For Appellant: Shri D. M. Rindani, Ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 139Section 143(3)Section 147Section 148Section 44A

defined u/s.2(43) and income is defined Section 2 Sub Section 24 of the Income Tax Act. That according to the mercantile system of accounting the tax has to be separately shown in the books. That the alleged difference of Rs.1,11,13,196/- is due to inclusion of Excise

The Eluru Cooperative House Mortgage Society Ltd., Eluru vs. Income-Tax Officer, Ward - 1, Eluru

ITA 226/VIZ/2023[2016-17]Status: DisposedITAT Visakhapatnam18 Sept 2025AY 2016-17

Bench: Shri S Balakrishnan, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bleआयकर अपील सं./I.T.A. No. 225 & 226/Viz/2023 (निर्धारण वर्ष/ Assessment Years:2015-16 & 2016-17) The Eluru Cooperative House Mortgage Society Limited Gopaluvari Street, Powerpet Station Road R.R.Pet, Eluru, West Godavari – 534002 Andhra Pradesh [Pan: Aacat0060G] (अपीलार्थी/ Appellant) Income Tax Officer – Ward-1 Income Tax Office 23-B-4-6/4, Κ.K.S. Towers. R.R. Pet Eluru, Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व / Assessee Represented By राजस्व का प्रतिनिधित्व / Department Represented By Shri C. Subrahmanyam, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing : 15.09.2025 घोषणा की तारीख/Date Of Pronouncement : 18.09.2025 आदेश / Order Per Shri Sandeep Singh Karhail: 1. The Assessee Has Filed The Present Appeals Against The Separate Impugned Orders Of Even Date 28.06.2023 Passed Under Section 250 Of The Income Tax Act, 1961 (In Short ‘Act') By The Learned Commissioner Of Income Tax (Appeals)

Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)(a)

आयकर अपीलीय अधिकरण, विशाखापटणम पीठ, विशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM श्री एस बालाकृष्णन, लेखासदस्य

The Eluru Cooperative House Mortgage Society Limited, Eluru vs. Income-Tax Officer, Ward - 1, Eluru

ITA 225/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam18 Sept 2025AY 2015-16

Bench: Shri S Balakrishnan, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Bleआयकर अपील सं./I.T.A. No. 225 & 226/Viz/2023 (निर्धारण वर्ष/ Assessment Years:2015-16 & 2016-17) The Eluru Cooperative House Mortgage Society Limited Gopaluvari Street, Powerpet Station Road R.R.Pet, Eluru, West Godavari – 534002 Andhra Pradesh [Pan: Aacat0060G] (अपीलार्थी/ Appellant) Income Tax Officer – Ward-1 Income Tax Office 23-B-4-6/4, Κ.K.S. Towers. R.R. Pet Eluru, Andhra Pradesh (प्रत्यर्थी/ Respondent) करदाता का प्रतिनिधित्व / Assessee Represented By राजस्व का प्रतिनिधित्व / Department Represented By Shri C. Subrahmanyam, Ca Dr. Aparna Villuri, Sr.Ar सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing : 15.09.2025 घोषणा की तारीख/Date Of Pronouncement : 18.09.2025 आदेश /Order Per Shri Sandeep Singh Karhail: 1. The Assessee Has Filed The Present Appeals Against The Separate Impugned Orders Of Even Date 28.06.2023 Passed Under Section 250 Of The Income Tax Act, 1961 (In Short ‘Act') By The Learned Commissioner Of Income Tax (Appeals)

Section 143(2)Section 143(3)Section 250Section 80PSection 80P(2)(a)

आयकर अपीलीय अधिकरण, विशाखापटणम पीठ, विशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM “DIVISION” BENCH, VISAKHAPATNAM श्री एस बालाकृष्णन, लेखासदस्य

Credit Guarantee Fund Trust for Micro and Small Enterprises, Mumbai vs. Deputy Commissioner of Income Tax Exemption -1(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 4699/MUM/2025[2018-19]Status: DisposedITAT Mumbai15 Sept 2025AY 2018-19

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2018-19 Credit Guarantee Fund Trust Deputy Commissioner Of For Micro & Small Enterprises, Income Tax, Exemption-1(1), 1St Floor, Vs. Mtnl Tel. Exch. Building, Sidbi Swavalamban Bhavan, Cumballa Hills, Pedder Road, Avenue 3, Lane 2, G-Block, Mumbai-400026. Bandra Kurla Complex, Bandra (East), Mumbai-400051. Pan : Aaatc2613D (Appellant) (Respondent) For Assessee : Shri Shailesh Shah & Shri Jay Dharod For Revenue : Shri R.A. Dhyani, Cit-Dr Date Of Hearing : 04-09-2025 Date Of Pronouncement : 15-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Pertaining To Assessment Year (Ay) 2018-19, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “(1) On The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) [Ld. Cit(A)], Nfac Has Erred In Confirming The Order Of Levying Penalty U/S 270A Of The Act Of Rs. 293,63,60,258/- On 2 Disallowances Made In The Assessment Order Passed U/S 143(3) R.W.S 144B Of The Act Without Appreciating The Fact That The Hon'Ble Itat, Mumbai Has Fully Deleted The Said Disallowances & Reasons Assigned By Him For Doing So Are Wrong & Contrary To The Facts & Circumstances Of The Case, Provisions Of The Act & Income Tax Rules, 1962 ("The Rules") Made Thereunder. The Appellant Prays That The Penalty U/S 270A Of The Act Of Rs. 293,63,60,258/- Be Deleted. The Appellant Craves Leave To Add, Amend, Alter, Modify And/Or Delete All Or Any Of The Above Grounds Of Appeal, On Or Before The Date Of Hearing.”

For Appellant: Shri Shailesh Shah &For Respondent: Shri R.A. Dhyani, CIT-DR
Section 11Section 12ASection 143Section 143(3)Section 144Section 2(15)Section 270A

that the AO has proceeded on the wrong premise that the assessee is following “cash system of accounting” whereas the assessee is following “mercantile system of accounting” having been intimated to the AO vide letter dated 31.03.2021 which has been accepted by the Income Tax Department year after year ... annual report. 24. We have perused the schedule 9, particulary note 1(b) which says that the assessee trust is following “mercantile system of accounting”. We have also perused the assessment order passed by the AO for A.Y. 2013-14 wherein in the head note of the assessment order under