banner_ad

In the case of a works contractor, an AMC provider, or another service provider, collection of the entire year's charges is done one go in advance. The amount is many a time recorded as "current liability" in the balance sheet as "income received in advance."

The question for income tax purposes is whether it is to be treated for income tax purposes that the entire amount is taxable income in the year of receipt or, on grounds of the "matching principle" and AS-9 guidelines, it is taxable under mercantile accounting and deferred. In the case of THE COMMISSIONER OF INCOME TAX, CHENNAI Vs M/s JOHNSON LIFTS PVT LTD [2024-VIL-211-MAD-DT], it was held that advance AMC receipts constitute income in the year of receipt as

Advance is taxable in the year of receipt

1. There was no clause for a refund, and the amounts were non-refundable.

2. The provisions under Section 5 of the Income Tax Act mandate the inclusion of amounts received in total income when received, irrespective of when the service obligation is fulfilled.

 

3. The reliance on the "matching principle" under AS-9 is misplaced, especially where the consideration is received upfront and the service obligation spans a short duration (one year, say).

 

4. The principle is not absolute and must yield to specific tax laws.

5. Invocation of Section 41(1) of the Income Tax Act to substantiate the deferred liability treatment was erroneous, as the section pertains to remission or cessation of a liability, not recognition of revenue for services to be rendered.

It is pertinent to note that the Point of Taxation Rules under service tax and the VAT Rules were also deliberated in as much as, in case income is chargeable to tax there, then why should it not be taxed in income tax? However, the main difference there and here is the fact that such a rule for payment of tax on an advance basis is specially carved out in such laws. In the Income Tax Act, Section 145 allows acceptance of the accrual basis of accounting.


2124 Views 1 Likes Comment   Share Income Tax   Report


About the Author

DESIGNATED PARTNER

Mr. Vivek Jalan is a FCA, Qualified LL.M (Constitutional Law) and LL.B. He is the Chairman of The Fiscal Affairs and Taxation Committee of The Bengal Chamber of Commerce and Industry. He is the Convenor on Indirect Taxes of the CII- Economic Affairs and Taxation Committee (ER); He is also a visiting faculty for Indirec ... Read more


CCI Pro

Comments


Related Articles


Loading


Popular Articles





CCI Pro
Meet our CAclubindia PRO Members

CCI Articles

submit article


Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details