Section 43CB of the Income Tax Act

Income-tax Act, 2025: s.57

Section 43CB of the Income-tax Act, 1961 corresponds to section 57 (Revenue recognition for construction and service contracts) of the Income-tax Act, 2025.

Read section 57 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 43CB is CIT v. Simplex Concrete Piles (India) P. Ltd. (179 ITR 8), cited in 36 of the 39 judgments on BharatTax that turn on this section.

Leading authorities on Section 43CB

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.

CIT v. Gujarat Narmada Valley Fertilizers Co. Ltd.
361 ITR 192 · 2014 · High Court
33
citing judgments

Disallowance of interest expenditure is unwarranted when the assessee has demonstrated sufficient interest-free funds available to cover advances given to third parties, and the Assessing Officer cannot prove otherwise.

Ivan Singh v. Asstt. CIT
116 Taxmann.com 499 · 2020 · High Court
27
citing judgments

Section 68 of the Income-tax Act, 1961, does not permit additions in a subsequent assessment year for sums that were credited in earlier years and brought forward as liabilities in the balance sheet.

Fort Projects (P) Ltd. v. DCIT
145 TTJ 340 · 2012 · ITAT
15
citing judgments

Income from a project is assessed in the year of project completion, not the year of receiving 'on money'. The regular method of accounting dictates the assessment year for regular income.

CIT v. Lakshman Swaroop Gupta & Brothers
100 ITR 222 · 1975 · Reported
12
citing judgments

A definition under Section 3 of the Income Tax Act is not permissible if it is inconsistent with other provisions. The interpretation of 'any previous year' refers to the previous year relevant to the assessment year concerned.

Bhor Industries Ltd. v. CIT
42 ITR 57 · 1961 · Supreme Court
12
citing judgments

The expression "any previous year" refers to the previous year relevant to the assessment year concerned, not all previous years. This interpretation applies even in specific contexts like the Merged States (Taxation Concessions) Order.

(i) CIT v. Simplex Concrete Piles India (P) Ltd (1988) 179 ITR 8 (ii) CIT v. P & C Constructions (P) Ltd.
318 ITR 113 · 2009 · High Court
5
citing judgments
DCIT v. Aryan Build Space LLB
172 Taxmann.com 806 · 2025 · Reported
3
citing judgments

Judgments on Section 43CB

Ram Raghu Build Well, Agra vs. ITO - Circle 1(1)(1), Agra

The appeal stand partly allowed for statistical purposes

ITA 92/AGR/2023[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 92/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) बनाम/ M/S Ram Raghu Build Well Lg Ito- Circle 1(1)(1) 345, Suresh Plaza, Mg Road, Agra Agra Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aajfr-4302-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. Prathana Jalan, Ca- Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 13-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 20-04-2023 In The Matter Of An Assessment Framed By Ld. Ao U/S 143(3) Vide Order Dated 05-04-2021. The Substantial Grievance Of The Assessee Is Addition Of Rs.280.24 Lacs. Having Heard Rival Submissions, The Appeal Is Disposed-Off As Under. 2. The Assessee Being Partnership Firm Is Engaged In Real Estate Construction. The Assessee Follows Specific Method Of Accounting To Recognize Revenue On The Projects Being Carried On By It. During Assessment Proceedings, Ld. Ao Held That Since Few Of The Projects

For Appellant: Ms. Prathana Jalan, CA- Ld. ARFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 143(3)Section 43C

M/S. Ksa Powerinfra Pvt. Ltd., Chennai vs. ACIT, Corporate Circle - 4 (2), Chennai

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

ITA 550/CHNY/2020[2017-18]Status: DisposedITAT Chennai31 Mar 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.550/Chny/2020 िनधा"रण वष"/Assessment Year: 2017-18 Ksa Powerinfra Private Limited, Vs. The Assistant Commissioner Of No. 480, First Floor, Khivraj Income Tax Complex-1, Anna Salai, Nandanam, Corporate Circle 4(2), Chennai 600 035. Chennai. [Pan:Aaccg9905B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Miss. Amirtha, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 27.03.2023 घोषणा की तारीख /Date Of Pronouncement : 31.03.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 8, Chennai Dated 21.02.2020 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are The Assessee Company Filed Its Return Of Income For The Assessment Year 2017-18 On 31.01.2018 Admitting An Income Of ₹.5,95,78,320/-. The Case Was Selected For Scrutiny Under Cass & Notice Under Section 143(2) Of The Income Tax Act, 1961 [“Act”

For Appellant: Miss. Amirtha, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 143(2)Section 143(3)