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“retention money”

ICDS & AccountingICDS IIIICDS III115 judgments

The decision most relied on for retention money is CIT v. Simplex Concrete Piles (India) P. Ltd. (179 ITR 8), cited in 36 judgments on BharatTax.

Leading authorities on retention money

CIT v. Simplex Concrete Piles (India) P. Ltd.
179 ITR 8 · 1989 · High Court
36
citing judgments

Retention money does not accrue to an assessee until the defect liability period is over and it is certified that no liability is attached to the assessee, at which point the assessee acquires the right to receive such money.

296 (Mumbai-Trib). PNC Construction Co Ltd. v. DCIT
92 Taxmann.com 106 · 2018 · Reported
28
citing judgments

Where an assessee enters into a development contract where it undertakes all acts from project design to handing over, it is considered to be developing a facility as a whole, not performing a specific work. This implies the ownership of the site is not transferred.

CIT v. Associated Cables P. Ltd.
286 ITR 596 · 2006 · High Court
25
citing judgments

Retention money withheld by a contractee is not taxable in the year it is retained, but only in the year the obligations under the contract are fulfilled and the amount becomes due to the assessee.

CIT v. Ignifluid Boilers (I) Ltd.
283 ITR 295 · 2006 · High Court
19
citing judgments

Retention money is considered deferred payment and is not taxable in the year it is retained if it is contingent upon the satisfactory completion of the contract work and the assessee has no vested right to receive it.

292 ITR 399, 252 ITR 802, CIT v. East Coast Constructions and Industries Limited
283 ITR 297 · 2006 · High Court
13
citing judgments

Retention money, withheld by a contractee until the completion of a contract, does not accrue to the assessee and is therefore not taxable in the year it is retained, even if the assessee follows the mercantile system of accounting.

Judgments citing retention money

DCIT, Central Circle 7(1), Mumbai vs. Sheth Realtors, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4008/MUM/2025[2017-18]Status: DisposedITAT Mumbai30 Sept 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Sheth Realtors Income-Tax Officer-7(1) Vasant Oasis, Site Office, [Erstwhile Ito-23(3)(3)] Upper Basement, Mumbai Cts No 345A 1 To 3, Vs. 345A 5 To 6, Makwana Road, Marol, Andheri East., Mumbai – 400059 [Pan: Aavfa3975F] (Appellant) (Respondent) Assessment Year: 2017-18 Deputy Commissioner Of Sheth Realtors Income-Tax, Central Circle 12Th Floor, Hallmark Business 7(1), Vs. Plaza, Sant Dyaneshwar Marg Mumbai Bandra (East), Mumbai - 400051 [Pan: Aavfa3975F] (Appellant) (Respondent) Present For: Assessee : Dr. K. Shivaram, Sr. Advocate & Shri Rahul Hakani, Advocate Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 07.08.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By Assessee & Revenue Are Against The Order Of Ld. Cit (A) 49, Mumbai, Vide Order No. Itba/Apl/S/250/2024- Assessment Year 2017-18 25/1075205796(1), Dated 28.03.2025, Passed Against The Assessment Order By Income-Tax Officer, Ward-23(3)(3), Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 30.12.2019 For Assessment Year 2017-18. 2. Grounds Taken By Assessee & Revenue Are Reproduced As Under: I. Ita No. 2712/Mum/2025 [Assessee]

For Appellant: Dr. K. Shivaram, Sr. Advocate and Shri Rahul Hakani, AdvocateFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 133(6)Section 139(1)Section 143(3)Section 2(24)(x)

percentage of completion method, project completion method or straight line method referred to in sub-section (1)- (i) the contract revenue shall include retention money; (ii) the contract costs shall not be reduced by any incidental income in the nature of interest dividends or capital gains.]” 4.4. For applying percentage

Sheth Realtors, Mumbai vs. ITO-7(1) (Erstwhile ITO-23(3)(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 2712/MUM/2025[2017-18]Status: DisposedITAT Mumbai30 Sept 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Sheth Realtors Income-Tax Officer-7(1) Vasant Oasis, Site Office, [Erstwhile Ito-23(3)(3)] Upper Basement, Mumbai Cts No 345A 1 To 3, Vs. 345A 5 To 6, Makwana Road, Marol, Andheri East., Mumbai – 400059 [Pan: Aavfa3975F] (Appellant) (Respondent) Assessment Year: 2017-18 Deputy Commissioner Of Sheth Realtors Income-Tax, Central Circle 12Th Floor, Hallmark Business 7(1), Vs. Plaza, Sant Dyaneshwar Marg Mumbai Bandra (East), Mumbai - 400051 [Pan: Aavfa3975F] (Appellant) (Respondent) Present For: Assessee : Dr. K. Shivaram, Sr. Advocate & Shri Rahul Hakani, Advocate Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 07.08.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: These Two Appeals Filed By Assessee & Revenue Are Against The Order Of Ld. Cit (A) 49, Mumbai, Vide Order No. Itba/Apl/S/250/2024- Assessment Year 2017-18 25/1075205796(1), Dated 28.03.2025, Passed Against The Assessment Order By Income-Tax Officer, Ward-23(3)(3), Mumbai, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 30.12.2019 For Assessment Year 2017-18. 2. Grounds Taken By Assessee & Revenue Are Reproduced As Under: I. Ita No. 2712/Mum/2025 [Assessee]

For Appellant: Dr. K. Shivaram, Sr. Advocate and Shri Rahul Hakani, AdvocateFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 133(6)Section 139(1)Section 143(3)Section 2(24)(x)

percentage of completion method, project completion method or straight line method referred to in sub-section (1)- (i) the contract revenue shall include retention money; (ii) the contract costs shall not be reduced by any incidental income in the nature of interest dividends or capital gains.]” 4.4. For applying percentage

Acc India Pvt.Ltd., New Delhi vs. ACIT, Circle-1(1) Delhi, Delhi

In the result, the appeal of the Revenue in ITA No

ITA 4907/DEL/2024[2015-16]Status: DisposedITAT Delhi24 Sept 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Amitabh Shuklaacit, Circle 1(1), Vs. Acc India Pvt. Ltd. 5Th Floor, 525, Basement, Room No. 159-A, C.R. Building, New Delhi Jasola, South Delhi, New Delhi -19 (Pan: Aalca9219Q) (Appellant) (Respondent) C.O. No. 72/Del/2023 (Ita No. 650/Del/2020) (Ay 2015-16) Acc India Pvt. Ltd. Vs. Acit, Circle 1(1), 5Th Floor, 525, Basement, New Delhi Jasola, South Delhi, New Delhi-19 (Pan: Aalca9219Q) (Appellant) (Respondent) Acc India Pvt. Ltd. Vs. Acit, Circle 1(1), 5Th Floor, 525, Basement, New Delhi Jasola, South Delhi, New Delhi-19 (Pan: Aalca9219Q) (Appellant) (Respondent) Revenue By : Sh. Ajay Kumar Arora, Sr. Dr. Assesseeby : Sh. K. Sampath, Adv. & Sh. V. Rajakumar, Adv.

For Appellant: Sh. K. Sampath, Adv. & Sh. V. Rajakumar, AdvFor Respondent: Sh. Ajay Kumar Arora, Sr. DR
Section 143(3)

details (Page number: 26 and 50 & 51 of the paper book), it was found that the difference is due to TDS and retention money. In the remand report the AO has reported that on perusal of reconciliation statement furnished by the assessee company the same is found correct ... reported that during the course of assessment proceedings, the assessee company has furnished ledger account of both the entities which contained TDS and Retention Money and in confirmation these entities have mentioned only the amount which they have actually received or receivable during the year. In the remand report

ACIT, Circle-1(1), New Delhi vs. Acc India Pvt. Ltd., Delhi

In the result, the appeal of the Revenue in ITA No

ITA 650/DEL/2020[2015-16]Status: DisposedITAT Delhi24 Sept 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Amitabh Shuklaacit, Circle 1(1), Vs. Acc India Pvt. Ltd. 5Th Floor, 525, Basement, Room No. 159-A, C.R. Building, New Delhi Jasola, South Delhi, New Delhi -19 (Pan: Aalca9219Q) (Appellant) (Respondent) C.O. No. 72/Del/2023 (Ita No. 650/Del/2020) (Ay 2015-16) Acc India Pvt. Ltd. Vs. Acit, Circle 1(1), 5Th Floor, 525, Basement, New Delhi Jasola, South Delhi, New Delhi-19 (Pan: Aalca9219Q) (Appellant) (Respondent) Acc India Pvt. Ltd. Vs. Acit, Circle 1(1), 5Th Floor, 525, Basement, New Delhi Jasola, South Delhi, New Delhi-19 (Pan: Aalca9219Q) (Appellant) (Respondent) Revenue By : Sh. Ajay Kumar Arora, Sr. Dr. Assesseeby : Sh. K. Sampath, Adv. & Sh. V. Rajakumar, Adv.

For Appellant: Sh. K. Sampath, Adv. & Sh. V. Rajakumar, AdvFor Respondent: Sh. Ajay Kumar Arora, Sr. DR
Section 143(3)

details (Page number: 26 and 50 & 51 of the paper book), it was found that the difference is due to TDS and retention money. In the remand report the AO has reported that on perusal of reconciliation statement furnished by the assessee company the same is found correct ... reported that during the course of assessment proceedings, the assessee company has furnished ledger account of both the entities which contained TDS and Retention Money and in confirmation these entities have mentioned only the amount which they have actually received or receivable during the year. In the remand report

Singal and Sons Construction Pvt Ltd, Delhi vs. ITO Ward - 4, Hisar

In the result, ground raised by the assessee is partly allowed

ITA 264/DEL/2024[2017-18]Status: DisposedITAT Delhi10 Jul 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmansingal & Sons Construction Pvt. Ltd., Vs. Ito, Ward 4, Behind Sbi Main Branch, Hisar. Delhi Road, Hisar – 125 001 (Haryana). (Pan : Aaccs0362C) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Manish Gupta, Sr. Dr Date Of Hearing : 10.07.2025 Date Of Order : 10.07.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi (For Short ‘Ld. Cit (A)) Dated 06.11.2023 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are, Assessee Filed Its Return Of Income Declaring Income Of Rs.5,90,940/- On 29.10.2017 For The Ay 2017-18. The Case Was Selected For Complete Scrutiny Through Cass. Accordingly, Notices

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Manish Gupta, Sr. DR
Section 143(2)Section 145(3)Section 41(1)Section 43B

case and in law, the CIT (A) erred in confirmation the addition made by the assessing officer of Rs.25,07,500/- on account of retention money wrongly made as non-payment of service tax as per section 43B of the Act. 3. On the facts and circumstances of the case ... account of computation of income as per higher (9.40%) estimated GP Ratio than actual (5.32%). 2. Rs. 25,07,500 on account of Retention money wrongly made as non- payment of Service Tax as per section 43B of the Income Tax Act. The grounds of appeal are as under