What is 147. In Rakesh Aggarwal v. Asstt. CIT authority for?

Under the amended Section 147, a reassessment notice issued under Section 148 is illegal if it is served more than four years after the end of the relevant assessment year, particularly when the original assessment was completed under Section 143(3), due to the proviso to Section 147.

How many judgments cite 147. In Rakesh Aggarwal v. Asstt. CIT?

63 judgments on BharatTax cite 147. In Rakesh Aggarwal v. Asstt. CIT (225 ITR 496), spanning 2015 to 2025.

Which sections of the Income Tax Act does 147. In Rakesh Aggarwal v. Asstt. CIT come up under?

It is most often cited in judgments turning on Section 131, Section 132, Section 133(6), Section 139, Section 142(1), Section 143(3).

147. In Rakesh Aggarwal v. Asstt. CIT (225 ITR 496)

DCIT, Coimbatore vs. Maheswara Sugars Limited, Coimbatore

In the result, the appeal filed by the Revenue is dismissed

ITA 1809/CHNY/2015[2006-07]Status: DisposedITAT Chennai31 Jan 2022AY 2006-07

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri R. Vijayaraghavan, Advocate

Section 143(1)Section 143(3)Section 148

…assessment year." 16. This new Section has made a radical departure from the original Section 147 inasmuch as clauses (a) and (b) of the original Section 147 have been deleted and a new proviso added to Section 147. 17. In Rakesh Aggarwal v. Asst. CIT (1997] 225 ITR 496, the Delhi High Court held that in view of the proviso to Section 147 notice for reassessment 10 I.T.A. No.1809/Chny/2015 under Section 147/148 should only be issued in.accordance with the new Section 147, and where the original assessment had been made under Section 143(3) then in view of the proviso to Section 147, the notice under section 14…

Indian Overseas Bank, Chennai vs. JCIT, Chennai

In the result, both the appeals of the assessee are allowed

ITA 781/CHNY/2001[1991-92]Status: DisposedITAT Chennai24 Jan 2022AY 1991-92

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपीलसं./Ita Nos.: 780 & 781/Chny/2001 िनधा"रण वष" / Assessment Years: 1990-91 & 1991-92

For Appellant: Shri C. Naresh, CAFor Respondent: Shri Clement Kumar Ramesh, CIT

Section 115JSection 143(3)Section 147

…assessment year." 16. This new Section has made a radical departure from the original Section 147 inasmuch as clauses (a) and (b) of the original Section 147 have been deleted and a new proviso added to Section 147. 17. In Rakesh Aggarwal v. Asst. CIT (1997] 225 ITR 496, the Delhi High Court held that in view of the proviso to Section 147 notice for reassessment under Section 147/148 should only be issued in accordance with the new Section 147, and where the original assessment had been made under Section 143(3) then in view of the proviso to Section 147, the notice under section 148 would be illegal if issued m…

Indian Overseas Bank, Chennai vs. JCIT, Chennai

In the result, both the appeals of the assessee are allowed

ITA 780/CHNY/2001[1990-91]Status: DisposedITAT Chennai24 Jan 2022AY 1990-91

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपीलसं./Ita Nos.: 780 & 781/Chny/2001 िनधा"रण वष" / Assessment Years: 1990-91 & 1991-92

For Appellant: Shri C. Naresh, CAFor Respondent: Shri Clement Kumar Ramesh, CIT

Section 115JSection 143(3)Section 147

…assessment year." 16. This new Section has made a radical departure from the original Section 147 inasmuch as clauses (a) and (b) of the original Section 147 have been deleted and a new proviso added to Section 147. 17. In Rakesh Aggarwal v. Asst. CIT (1997] 225 ITR 496, the Delhi High Court held that in view of the proviso to Section 147 notice for reassessment under Section 147/148 should only be issued in accordance with the new Section 147, and where the original assessment had been made under Section 143(3) then in view of the proviso to Section 147, the notice under section 148 would be illegal if issued m…

M/S Ratna Cafe, Chennai vs. ACIT Non Corporate Circle 9, Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1509/CHNY/2018[2009-10]Status: DisposedITAT Chennai21 Jan 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri AR.V. Sreenivasan, Addl.CIT

Section 143(3)Section 147Section 154

…assessment year." 16. This new Section has made a radical departure from the original Section 147 inasmuch as clauses (a) and (b) of the original Section 147 have been deleted and a new proviso added to Section 147. 17. In Rakesh Aggarwal v. Asst. CIT (1997] 225 ITR 496, the Delhi High Court held that in view of the proviso to Section 147 notice for reassessment under Section 147/148 should only be issued in accordance with the new Section 147, and where the original assessment had been made under Section 143(3) then in view of the proviso to Section 147, the notice under section 148 would be illegal if issued m…

Addl. CIT, New Delhi vs. M/S. Ircon International Ltd., New Delhi

In the result, the appeal of the Revenue is accordingly dismissed

ITA 3768/DEL/2017[2009-10]Status: DisposedITAT Delhi22 Jan 2021AY 2009-10

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER [Through Video Conferencing] ITA No.3768/Del./2017 Assessment Year: 2009-10 Addl.CIT, Vs. IRCON International Ltd., Special Range-4, C-4, District Centre, Saket, New Delhi New Delhi PAN :AAACI0684H (Appellant) (Respondent) Appellant by Shri Gurmel Singh, Sr. DR Respondent by Dr. Rakesh Gupta, Adv. Date of hearing 06.01.2021 Date of pronouncement 22.01.2021 ORDER PER O.P. KANT, AM: This appeal by the Revenue is directed against order dated 10/02/2017 passed by the L…

ACIT (OSD), Ward - 12(3), Kolkata vs. M/S. Amrabathi Investra Pvt. Ltd., Kolkata

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 365/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT

Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

…w is that the Assessing Officer should have reason to believe that income has escaped assessment, this reason to believe can be reached in any manner- it is not prequalified by the precondition of full and true disclosure of material by an assesse. RAKESH AGL 225 ITR 496 (DEL) RANCHI HANDLOOM EMPORIUM : 235 ITR 604 x) 246 ITR 173 (Delhi)- Assessing Officer should have reasonable belief that income has escaped assessment conclusive proof of escapement at this stage is not necessary. xi) 271 ITR 56 (Hyderabad) (AT)-Amended provision of 147 provides ample power to the Assessing Officer to start reassessment proceedi…

Amrabathi Investra Pvt. Ltd., Kolkata vs. ITO, Ward - 12(3), Kolkata

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 231/KOL/2018[2009-10]Status: DisposedITAT Kolkata12 Jun 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.231/Kol/2018 ("नधा"रणवष" / Assessment Year:2009-10)

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT

Section 131Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

…w is that the Assessing Officer should have reason to believe that income has escaped assessment, this reason to believe can be reached in any manner- it is not prequalified by the precondition of full and true disclosure of material by an assesse. RAKESH AGL 225 ITR 496 (DEL) RANCHI HANDLOOM EMPORIUM : 235 ITR 604 x) 246 ITR 173 (Delhi)- Assessing Officer should have reasonable belief that income has escaped assessment conclusive proof of escapement at this stage is not necessary. xi) 271 ITR 56 (Hyderabad) (AT)-Amended provision of 147 provides ample power to the Assessing Officer to start reassessment proceedi…

ITO 6(1)(3), Mumbai vs. Aristo Realty Developers Ltd, Mumbai

In the result, the appeal of Revenue appeal is dismissed

ITA 3638/MUM/2014[2005-06]Status: DisposedITAT Mumbai30 Aug 2019AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am

For Appellant: Ms. Anadi Verma, DRFor Respondent: Shri D.V. Lakhani, AR

Section 115JSection 143(3)Section 145(1)Section 147Section 148

…t year." 19 | P a g e This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

Pelican Credits & Scurities P. Ltd, Mumbai vs. DCIT 5(2)(1), Mumbai

In the result, the appeal of assessee is allowed on jurisdictional issue

ITA 2413/MUM/2017[2007-08]Status: DisposedITAT Mumbai12 Jul 2019AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am

For Appellant: Shri Bhupendra Shah, ARFor Respondent: Shri Abirama Karthikeyan, DR

Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

…hat assessment year." This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

DCIT- Cir- 6(3)(1), Mumbai vs. Imperial Procurement Services Pvt. Ltd., Mumbai

In the result, the appeal of Revenue is dismissed

ITA 2737/MUM/2018[2007-08]Status: DisposedITAT Mumbai20 Jun 2019AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

For Appellant: Jacinta Zimik Vishai, DRFor Respondent: Mr. Anuj Kisnadwala, AR

Section 115JSection 143(3)Section 147Section 148

…hat assessment year." This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

DCIT4(1)(1), Mumbai vs. Arcadia Share & Stock Brokers P. Ltd, Mumbai

In the result, the appeal Revenue is dismissed and the CO of the assessee is allowed

ITA 5712/MUM/2017[2008-09]Status: DisposedITAT Mumbai21 May 2019AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am Aayakr Apila Sam./ Ita No. 5712/Mum/2017 (Inaqa-Arna Baya- / Assessment Year 2008-09) The Dy. Commissioner Of Arcadia Shares & Stock Income Tax, Circle 4(1)(1) Brokers Pvt. Ltd. Room No. 640, 6Th Floor, 328/324, Ninad Chs, 1St Vs. Aayakar Bhavan, M.K. Road, Floor, Bldg No. 7, Service Mumbai-400 020 Road, Near Bhavishya Nidhi Bhavan, Mumbai-400 051 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा सं./Pan No. Aaaca4562G प्रत्याक्षेप M./ Co No. 44/Mum/2019 (Arising In Ita No. 5712/Mum/2017 For Ay 2008-09) Arcadia Shares & Stock The Dy. Commissioner Of Brokers Pvt. Ltd. Income Tax, Circle 4(1)(1) 328/324, Ninad Chs, 1St Room No. 640, 6 Th Floor, Vs. Floor, Bldg No. 7, Service Aayakar Bhavan, M.K. Road, Near Bhavishya Nidhi Road, Mumbai-400 020 Bhavan, Mumbai-400 051 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) अपीलाथी की ओर से / Appellant By : Shri Satischandra Rajore, Dr प्रत्यथी की ओर से / Respondent By : Shri Dr. K. Shivaram, Ms Neelam Jadhav, Ars सुनवाई की तारीख / Date Of Hearing: 13-05-2019 घोषणा की तारीख / Date Of Pronouncement : 21-05-2019

For Appellant: Shri Satischandra Rajore, DRFor Respondent: Shri Dr. K. Shivaram

Section 115JSection 143(3)Section 147Section 148Section 14A

…hat assessment year." This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice 15 CO No. 44/Mum/2019 under section 148 wou…

Panther Fincap & Management Services Ltd, Mumbai vs. ACIT Cen Cir 40, Mumbai

In the result, the appeal of assessee is allowed

ITA 1326/MUM/2012[2003-04]Status: DisposedITAT Mumbai31 Aug 2018AY 2003-04

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Aayakr Apila Sam./ Ita No. 1326/Mum/2012 (Inaqa-Arna Baya- / Assessment Year 2003-04) Panther Fincap & Management The Asst. Commissioner Of Services Ltd. Income Tax, Central Circle Bhupen Chambers, Ground 40, Aayakar Bhavan, M.K. Vs. Floor, 9, Dalal Street, Fort, Road, Mumbai-400 020 Mumbai-400 023 .. (P`%Yaqaai- / Respondent) (Apilaaqai- / Appellant) स्थायी लेखा िं./ Pan No. Aaacp3045P अपीलाथी की ओर े / Appellant By : Shri Rajiv Khandelwal, Ar प्रत्यथी की ओर े / Respondent By : Shri Dr. P Daniel, Dr ुनवाई की तारीख / Date Of Hearing: 23-08-2018 घोषणा की तारीख / Date Of Pronouncement : 31-08-2018 Aadosa / O R D E R

For Appellant: Shri Rajiv Khandelwal, ARFor Respondent: Shri Dr. P Daniel, DR

Section 139(1)Section 143(1)Section 143(3)Section 147Section 148

…hat assessment year." This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

Santech Solutons Pvt Limited, Chennai vs. DCIT, Chennai

In the result, the appeal of the assessee is treated as 9

ITA 1036/CHNY/2016[2008-09]Status: DisposedITAT Chennai07 Dec 2017AY 2008-09

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. No.1036/Mds/2016 "नधा"रण वष" /Assessment Year : 2008-2009

For Appellant: Shri. D. Anand, AdvocateFor Respondent: Dr. S. Pandian, IRS, JCIT

Section 143(3)Section 148Section 28

…e power to reopen assessment is much wider under the amended provision and can be exercised even after the assessee has disclosed fully and truly all the material facts. To similar view were the conclusions of this court in Rakesh Aggarwal v. Asst. CIT [1997] 225 ITR 496, it is to be noted at this juncture that the twin conditions must be fulfilled if the case is one which is covered by the proviso to section 147 operative with effect from April 1, 1989.” (emphasis supplied by us). It is evident from the afore-extracted portion of the decision that it is not an authority for the proposition that a mere change in…

ACIT, New Delhi vs. Anand Tiwari, New Delhi

ITA 2897/DEL/2010[2001-02]Status: DisposedITAT Delhi17 May 2017AY 2001-02

Bench: Sh. C.M. Garg & Sh. O.P. Kantassessment Year: 2001-02 Vs. Sh. Anand Tiwari, C-67, Friends Acit, Circle-3(1), New Delhi Colony (East), New Delhi Pan: Aagpt4274N (Appellant) (Respondent) Appellant By Sh. S.K. Jain, Sr. Dr Respondent By None Present Date Of Hearing 12.04.2017 Date Of Pronouncement 17.05.2017 Order Per O.P. Kant, A.M.:

Section 143(1)Section 147Section 148Section 69B

…facts and in law in holding that reopening of the case u/s 147/148 was not justified and quashing the assessment particularly in view of the decision of the Hon’ble High Court of Delhi in the case of Shri Rakesh Aggarwal Vs. Asstt. Commissioner of Income Tax (225 ITR 496). ii. The learned CIT(A) has erred on facts and in law in deleting addition of Rs.70,77,000/-as unexplained investment treated as deemed income u/s 69B of the I.T. Act, 1961. 2 iii. The Appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this app…

Asst CIT 16(3), Mumbai vs. Mani Exports, Mumbai

In the result, the appeal of Revenue is dismissed

ITA 3759/MUM/2013[2004-05]Status: DisposedITAT Mumbai26 Apr 2017AY 2004-05

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Asst. Commissioner Of Income Tax, Mani Exports 16(3), Mumbai, Matru Mandir, 1903 Panchratna Opera House, Vs. 2Nd Floor, R. No. 206 Tardeoi Mumbai-400 004 Rd, Mumbai-07 Appellant .. Respondent Pan No. Aaefm2320F Revenue By .. Shri Dr. Suman Ratnam, Dr Assessee By .. Shri K.A. Vaidyalingan, Ar Date Of Hearing .. 09-02-2017 Date Of Pronouncement .. 26-04-2017 O R D E R Per Mahavir Singh, Jm:

Section 127(2)Section 143(3)Section 147Section 148Section 80Section 80HSection 880H

…hat assessment year." This new section has made a radical departure from the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

M/S. Novartis India Ltd., Mumbai vs. ACIT Cir. - 7(1), Mumbai

In the result, assessee’s appeal is allowed and Revenue’s appeal is dismissed

ITA 1953/MUM/2006[1998-1999]Status: DisposedITAT Mumbai13 Apr 2017AY 1998-1999

Bench: Sri Mahavir Singh, Jm & Sri Ramit Kochar, Am Dy. Commissioner Of Income Tax, Novartis India Ltd. Circle 7(1) Sandoz House, Dr. Annie Acit Circle 7(1), Vs. Besant Road, Mumbai-400 018 Aayakar Bhavan, Mumbai-20 Pan No. Aaach2914F Appellant .. Respondent Novartis India Ltd. Dy. Commissioner Of Income Tax, Sandoz House, Dr. Annie Besant Circle 7(1) Road, Mumbai-400 018 Vs. Acit Circle 7(1), Aayakar Bhavan, Mumbai-20 Pan No. Aaach2914F Revenue By .. Shri Sanj Kumar Agarwal, Dr Assessee By .. Shri J.D. Mistry, Ar Date Of Hearing .. 13-04-2017 Date Of Pronouncement .. 13-04-2017 O R D E R Per Mahavir Singh, Jm:

Section 143(3)Section 147Section 148Section 195Section 40

…the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. Page 6 of 10 ITA No.1282 & 1953/Mum/2006 Novartis India Ltd; AY: 98-99 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

ACIT Cir 7(1), Mumbai vs. M/S Novartis India Ltd, Mumbai

In the result, assessee’s appeal is allowed and Revenue’s appeal is dismissed

ITA 1282/MUM/2006[98-99]Status: DisposedITAT Mumbai13 Apr 2017

Bench: Sri Mahavir Singh, Jm & Sri Ramit Kochar, Am Dy. Commissioner Of Income Tax, Novartis India Ltd. Circle 7(1) Sandoz House, Dr. Annie Acit Circle 7(1), Vs. Besant Road, Mumbai-400 018 Aayakar Bhavan, Mumbai-20 Pan No. Aaach2914F Appellant .. Respondent Novartis India Ltd. Dy. Commissioner Of Income Tax, Sandoz House, Dr. Annie Besant Circle 7(1) Road, Mumbai-400 018 Vs. Acit Circle 7(1), Aayakar Bhavan, Mumbai-20 Pan No. Aaach2914F Revenue By .. Shri Sanj Kumar Agarwal, Dr Assessee By .. Shri J.D. Mistry, Ar Date Of Hearing .. 13-04-2017 Date Of Pronouncement .. 13-04-2017 O R D E R Per Mahavir Singh, Jm:

Section 143(3)Section 147Section 148Section 195Section 40

…the original section 147 inasmuch as clauses (a) and (b) of the original section 147 have been deleted and a new proviso added to section 147. Page 6 of 10 ITA No.1282 & 1953/Mum/2006 Novartis India Ltd; AY: 98-99 10. In Rakesh Aggarwal v. Asstt. CIT[1997] 225 ITR 4961, the Delhi High Court held that in view of the proviso to section 147 notice for reassessment under section 147/148 should only be issued in accordance with the new section 147, and where the original assessment had been made under section 143(3), then in view of the proviso to section 147 the notice under section 148 would be illegal if issued…

ITO, New Delhi vs. M/S Care Traders Pvt. Ltd., New Delhi

In the result Revenue’s appeal as well as assessee’s Cross Objection both are dismissed

ITA 470/DEL/2011[2004-05]Status: DisposedITAT Delhi26 Apr 2016AY 2004-05

Bench: Shri J. Sudhakar Reddy & Ms. Suchitra Kamblea.Y. 2004-05

For Appellant: NoneFor Respondent: Sh. Saurabh Goel, C.A

Section 143(1)Section 143(3)Section 148

…e originally filed by the assessee as held in CIT Vs Gujarat Electricity Board [2003] 260 ITR 84 (SC), MTNL Vs. Chairman CBDT [2000] 246 ITR 84 (Delhi), ACIT Vs Rajesh Jhaveri Stock Brokers Pvt. Ltd. [2007] 291 ITR 500 (SC) and Rakesh Aggarwal Vs. ACIT [1997] 225 ITR 496 (Delhi.). Thus, there can be no quarrel that the notice u/s 148 was issued, per-se. 11. The issue which needs to be determined, at the very outset, is whether there was sufficient material and independent application of mind by the Ld. AO on the information received by him. Even though I have not had access to the assessment record, the impugned…

Smt Santi Sarkar, Kolkata vs. ITO, WD-37(2), Kolkata

In the result, appeal of assessee is allowed

ITA 797/KOL/2015[2006-2007]Status: DisposedITAT Kolkata15 Mar 2016AY 2006-2007

Bench: Shri Mahavir Singh, Jm]

For Appellant: Shri I. Banerjee, FCAFor Respondent: Shri Md. Ghayas Uddin, JCIT, Sr. DR

Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH: KOLKATA [Before Shri Mahavir Singh, JM] I.T.A No.797/Kol/2015 Assessment Year: 2006-07 Smt. Santi Sarkar Vs. Income-tax Officer, Wd-37(2), Kolkata. (PAN: AIZPS0257J) (Appellant) (Respondent) Date of hearing: 10.03.2016 Date of pronouncement: 16.03.2016 For the Appellant: Shri I. Banerjee, FCA For the Respondent: Shri Md. Ghayas Uddin, JCIT, Sr. DR ORDER Per Shri Mahavir Singh, JM: This appeal by assessee is arising out of order of CIT(A)-12, Kolkata vide Appeal No. 13/CIT(A)-12/Kol/Wd.37(2)/2014-15 dated 30.03.2015. Assessment was framed by ITO, Ward-37(2),…

JCIT(OSD), Circle - 8, Kolkata vs. M/S. Sicpa India Pvt. Ltd., Kolkata

In the result, the CO of assessee is allowed and appeal of revenue is dismissed

ITA 36/KOL/2012[2002-03]Status: DisposedITAT Kolkata09 Mar 2016AY 2002-03

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri Soumen Adak & Shri Harish Agarwal, ARsFor Respondent: Shri Sallong Yaden, JCIT, Sr. DR

Section 143Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA [Before Shri Mahavir Singh, JM & Shri Waseem Ahmed, AM] I.T.A No.36/Kol/2012 Assessment Year: 2002-03 Joint Commissioner of Income-tax (OSD), Vs. M/s. Sicpa India Pvt. Ltd. Circle-8, Kolkata. (PAN: AADCS6121L) (Appellant) (Respondent) & C.O. No.05/Kol/2012 In I.T.A No.36/Kol/2012 Assessment Year: 2002-03 M/s. Sicpa India Pvt. Ltd. Vs. Joint Commissioner of Income-tax(OSD) Circle-8, Kolkata. (Cross Objector) (Respondent) Date of hearing: 17.02.2016 Date of pronouncement: 09 .03.2016 For the Revenue: Shri Sallong Yaden, JCIT, Sr. DR For the Assessee: Shr…

147. In Rakesh Aggarwal v. Asstt. CIT

What is 147. In Rakesh Aggarwal v. Asstt. CIT authority for?

Also referred to as

Sections most often in play

Issues it is cited on

Judgments citing 147. In Rakesh Aggarwal v. Asstt. CIT

DCIT, Coimbatore vs. Maheswara Sugars Limited, Coimbatore

Indian Overseas Bank, Chennai vs. JCIT, Chennai

Indian Overseas Bank, Chennai vs. JCIT, Chennai

M/S Ratna Cafe, Chennai vs. ACIT Non Corporate Circle 9, Chennai

Addl. CIT, New Delhi vs. M/S. Ircon International Ltd., New Delhi

ACIT (OSD), Ward - 12(3), Kolkata vs. M/S. Amrabathi Investra Pvt. Ltd., Kolkata

Amrabathi Investra Pvt. Ltd., Kolkata vs. ITO, Ward - 12(3), Kolkata

ITO 6(1)(3), Mumbai vs. Aristo Realty Developers Ltd, Mumbai

Pelican Credits & Scurities P. Ltd, Mumbai vs. DCIT 5(2)(1), Mumbai

DCIT- Cir- 6(3)(1), Mumbai vs. Imperial Procurement Services Pvt. Ltd., Mumbai

DCIT4(1)(1), Mumbai vs. Arcadia Share & Stock Brokers P. Ltd, Mumbai

Panther Fincap & Management Services Ltd, Mumbai vs. ACIT Cen Cir 40, Mumbai

Santech Solutons Pvt Limited, Chennai vs. DCIT, Chennai

ACIT, New Delhi vs. Anand Tiwari, New Delhi

Asst CIT 16(3), Mumbai vs. Mani Exports, Mumbai

M/S. Novartis India Ltd., Mumbai vs. ACIT Cir. - 7(1), Mumbai

ACIT Cir 7(1), Mumbai vs. M/S Novartis India Ltd, Mumbai

ITO, New Delhi vs. M/S Care Traders Pvt. Ltd., New Delhi

Smt Santi Sarkar, Kolkata vs. ITO, WD-37(2), Kolkata

JCIT(OSD), Circle - 8, Kolkata vs. M/S. Sicpa India Pvt. Ltd., Kolkata