1. Harikishan S. Virmani v. DCIT

394 ITR 146High Court2017#1172 most cited

What is 1. Harikishan S. Virmani v. DCIT authority for?

Reassessment proceedings under section 147 cannot be initiated by the Assessing Officer based on borrowed satisfaction, vague information from the Investigation Wing, or incorrect jurisdictional facts without independent application of mind. Reopening beyond four years from the end of the relevant assessment year, especially where an original assessment was completed under section 143(3), requires specific conditions relating to the assessee's failure to disclose material facts.

97

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2026.

Also referred to as

Harikishan S. Virmani · DCIT · 394 ITR 146 · section 147 · section 148 · borrowed satisfaction · reopening beyond four years · section 143(3) assessment · investigation wing information · independent application of mind · reassessment validity

Also reported as

64 Taxmann.com 179

Issues it is cited on

Judgments citing 1. Harikishan S. Virmani v. DCIT

ACIT, NEW DELHI vs. M/S. SEA POINT TRADING & BUILDERS PVT. LTD., NEW DELHI

In the result, the appeal of the assessee is dismissed

ITA 1731/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Jun 2025AY 2012-13

Bench: Ms. Madhumita Roy, Judical Member & Shri Manish Agarwalasst. Commissioner Of M/S. Sea Point Trading & Income Tax, Builders Pvt. Ltd. Central Circle-2, Vs. B-4/43, 2Nd Floor, New Delhi. Safdarjung Enclave, New Delhi-110029. Pan: Aabcs0741C (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv., Shri Somil Agarwal, Adv. & Shri Deepesh Garg, Adv. Department By Shri Virender Kumar Singh, Sr. Dr Date Of Hearing 07/05/2025 Date Of Pronouncement 18/06/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals)-23, New Delhi [Ld. Cit(A), In Short], Dt. 29.01.2026 In Appeal No. 16/2015-16 For Assessment Year 2012-13 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short). 2. The Revenue Has Taken The Following Grounds Of Appeal: “1. The Order Of Ld. Cit(A) Is Not Correct In Law & On Facts. 2. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Laws In Deleting The Addition Of Rs.6,35,00,000/- Made By Ao On Account Of Unexplained Cash Credit U/S 68 Of The Act Received From M/S Manan Merchandise Pvt. Ltd.”

Section 127Section 132Section 147Section 148Section 250Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER Asst. Commissioner of M/s. Sea Point Trading & Income Tax, Builders Pvt. Ltd. Central Circle-2, Vs. B-4/43, 2nd Floor, New Delhi. Safdarjung Enclave, New Delhi-110029. PAN: AABCS0741C (Appellant) (Respondent) Assessee by Dr. Rakesh Gupta, Adv., Shri Somil Agarwal, Adv. and Shri Deepesh Garg, Adv. Department by Shri Virender Kumar Singh, Sr. DR Date of Hearing 07/05/2025 Date of Pronouncement 18/06/2025 O R D E R PER MANISH AGARWAL, AM: This appeal is filed by th…

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1. Harikishan S. Virmani v. DCIT (394 ITR 146) — Cited in 97 Judgments | BharatTax