BHURAMAL RAJMAL SURANA & SONS PVT. LTD.,DELHI vs. COMMISSIONER OF INCOME TAX (APPEALS)-4, JAIPUR
What did the Tribunal hold?
The Tribunal held that the CIT(A) lacked jurisdiction to pass a rectification order under Section 154 to initiate penalty proceedings under Section 270A when no proceedings were pending before them. Such an action was considered beyond the scope of rectification and an improper revision of the earlier appellate order.
What were the facts?
The assessee's appeal was against an order passed by the CIT(A) under Section 154 of the IT Act. The CIT(A) had initially allowed the assessee's appeal partly, but later directed the initiation of penalty proceedings under Section 270A of the IT Act via a rectification order, which the assessee contested.
What were the issues?
Whether the CIT(A) has the power to initiate penalty proceedings under Section 270A through a rectification order under Section 154 when no proceedings are pending before them. The jurisdiction of the CIT(A) in disposing of appeals and passing rectification orders.
Which sections of the Income-tax Act were involved?
Section 154,Section 270A,Section 271AAC,Section 115BBE,Section 68,Section 41(1),Section 251
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- 109 Taxman 66(SC) Malabar Industrial Co. Ltd. v. Commissioner of Income-tax10 citing158 Taxmann 160 · 2007 · SC
Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: HON’BLE SHRI SANDEEP GOSAIN, JM &
vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेज. त्महपेजतंत
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026
- Ramesh K Devadiga vs. Khernagar Nandadeep Co Operative Housing Society LTDBombay · 14 Oct 2026