153 (Gujarat) 8 Shakti Karnawat v. ITO

296 ITR 90High Court2008#565 most cited

What is 153 (Gujarat) 8 Shakti Karnawat v. ITO authority for?

A live link of third-party information can form the basis for reopening an assessment under Section 148, provided it contains material facts necessary for assessment. The Assessing Officer must demonstrate a "reason to believe" that income has escaped assessment, which can be satisfied by such information even if it pertains to other assessees or relates to accommodation entries.

171

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2026.

Also referred to as

Shakti Karnawat v. ITO · 153 (Gujarat) 8 · 296 ITR 90 · Section 148 · Section 147 · reopening of assessment · reason to believe · escapement of income · third party information · live link · material facts necessary for assessment · accommodation entry

Sections most often in play

Section 148Section 147Section 143(3)Section 142(1)Section 68Section 143(2)Section 133(6)Section 151

Issues it is cited on

third party informationlive linkmaterial facts necessary for assessmententry operatorreopening of assessmentreason to believechange of opinionescapement of incomeaccommodation entryappeal before cit(a)speaking orderreassessment proceedings

Judgments citing 153 (Gujarat) 8 Shakti Karnawat v. ITO

Mohan Aggarwal, New Delhi vs. ACIT, Central Circle- 15, New Delhi

In the result, the appeal of the assessee is allowed

ITA 2497/DEL/2018[2009-10]Status: DisposedITAT Delhi31 Jan 2019AY 2009-10

Bench: Sh. R.K Pandaassessment Year: 2009-10

Section 132Section 133Section 133(6)Section 143Section 143(3)Section 147Section 148Section 153

…the share application money to the tune of Rs.2.15 crores. We find reason in the submission of learned AR that in view of the decision in PCIT vs. RMG Polyvinyl (I) Ltd.386 ITR 5 (Bom), such an error indicates non application of mind by the learned AO." ii) 296 ITR 90 (Bom) Asian Paints Ltd. vs. DCIT 3. The learned senior counsel for the petitioner pointed out that in some of the cases as soon as the objections were rejected by the concerned 25 Income- tax Officer, even the assessment order has been passed within a very short time whereby the assessee is left without any remedy to challenge such an order of r…

Dilwara Leasing & Investment Ltd., Delhi vs. ITO, Ward-7(3), New Delhi

In the result, the Appeal filed by the Assessee

ITA 3927/DEL/2018[2009-10]Status: DisposedITAT Delhi11 Jan 2019AY 2009-10

Bench: Shri H.S. Sidhuassessment Year : 2009-10

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 143(2)Section 147Section 148

…the share application money to the tune of Rs.2.15 crores. We find reason in the submission of learned AR that in view of the decision in PCIT vs. RMG Polyvinyl (I) Ltd.386 ITR 5 (Bom), such an error indicates non application of mind by the learned AO.” ii) 296 ITR 90 (Bom) Asian Paints Ltd. vs. DCIT “3. The learned senior counsel for the petitioner pointed out that in some of the cases as soon as the objections were rejected by the concerned Income- tax Officer, even the assessment order has been passed within a very short time whereby the assessee is left without any remedy to challenge such an order of r…

Aegis Ampoules & Vials Ltd., Pune vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee is allowed for statistical purpose

ITA 2404/PUN/2016[2009-10]Status: DisposedITAT Pune03 Dec 2018AY 2009-10

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri B.C. MalakarFor Respondent: Shri M.K. Verma
Section 143(1)Section 143(3)Section 147

…essing Officer, the reassessment order u/s. 143(3) r.w.s. 147 of the Act was passed in violation of the principle laid down in the case of GKN Driveshafts (India) Ltd. v. DCIT (2003) 2591TR 19 (SC) & Asian Paints Ltd. Vs. Dy. Commissioner of Income Tax [2008] 296 ITR 90 (Bom).” 5 ITA No. 2404/PUN/2016, A.Y. 2009-10 5. Shri B.C. Malakar appearing on behalf of the assessee submitted that the assessment order has been passed without deciding the objections of the assessee against reopening. The ld. AR submitted that reassessment proceedings have been initiated merely on the basis of information received from Mahar…

Radiance Stock Traders Pvt. Ltd., Delhi vs. ITO, Ward- 20(4), New Delhi

In the result, the Appeal filed by the Assessee stands allowed

ITA 4542/DEL/2018[2010-11]Status: DisposedITAT Delhi29 Nov 2018AY 2010-11

Bench: Shri H.S. Sidhuassessment Year : 2010-11

For Appellant: Sh. Gautam Jain, Adv. & Sh. LalitFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 147Section 234BSection 68

…the share application money to the tune of Rs.2.15 crores. We find reason in the submission of learned AR that in view of the decision in PCIT vs. RMG Polyvinyl (I) Ltd.386 ITR 5 (Bom), such an error indicates non application of mind by the learned AO.” ii) 296 ITR 90 (Bom) Asian Paints Ltd. vs. DCIT “3. The learned senior counsel for the petitioner pointed out that in some of the cases as soon as the objections were rejected by the concerned Income- tax Officer, even the assessment order has been passed within a very short time whereby the assessee is left without any remedy to challenge such an order of r…

Shree Global Tradefin Ltd, Mumbai vs. DCIT Cen Cir 5(1), Mumbai

The appeals of the assessee are partly allowed

ITA 7313/MUM/2017[2007-08]Status: DisposedITAT Mumbai15 Oct 2018AY 2007-08

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 133ASection 143(3)Section 147Section 148Section 153C

…jection of the objections and therefore the notice issued is bad in law. Reliance was placed upon the decision in GKN Driveshafts Ltd. (259 ITR 19)(Supreme Court) and in the M/s Shree Global Tradefin Ltd. ITA Nos7310 to 7313/Mum/ 2017 case of Asian Paints (296 ITR 90)(Bom.). It was also explained that all these companies are assessed by the same Assessing Officer and consequent assessment orders were passed. Our attention was invited to page-60, wherein, the details of cheque, bank name, branch name and amount is mentioned. Our attention was further invited to pages 216, 223, 174, 184, 182, 185, 188, 199, 206,…

Shree Global Tradefin Ltd, Mumbai vs. DCIT Cen Cir 5(1), Mumbai

The appeals of the assessee are partly allowed

ITA 7312/MUM/2017[2008-09]Status: DisposedITAT Mumbai15 Oct 2018AY 2008-09

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 133ASection 143(3)Section 147Section 148Section 153C

…jection of the objections and therefore the notice issued is bad in law. Reliance was placed upon the decision in GKN Driveshafts Ltd. (259 ITR 19)(Supreme Court) and in the M/s Shree Global Tradefin Ltd. ITA Nos7310 to 7313/Mum/ 2017 case of Asian Paints (296 ITR 90)(Bom.). It was also explained that all these companies are assessed by the same Assessing Officer and consequent assessment orders were passed. Our attention was invited to page-60, wherein, the details of cheque, bank name, branch name and amount is mentioned. Our attention was further invited to pages 216, 223, 174, 184, 182, 185, 188, 199, 206,…

Shree Global Tradefin Ltd, Mumbai vs. DCIT Cen Cir 5(1), Mumbai

The appeals of the assessee are partly allowed

ITA 7311/MUM/2017[2009-10]Status: DisposedITAT Mumbai15 Oct 2018AY 2009-10

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 133ASection 143(3)Section 147Section 148Section 153C

…jection of the objections and therefore the notice issued is bad in law. Reliance was placed upon the decision in GKN Driveshafts Ltd. (259 ITR 19)(Supreme Court) and in the M/s Shree Global Tradefin Ltd. ITA Nos7310 to 7313/Mum/ 2017 case of Asian Paints (296 ITR 90)(Bom.). It was also explained that all these companies are assessed by the same Assessing Officer and consequent assessment orders were passed. Our attention was invited to page-60, wherein, the details of cheque, bank name, branch name and amount is mentioned. Our attention was further invited to pages 216, 223, 174, 184, 182, 185, 188, 199, 206,…

Shree Global Tradefin Ltd, Mumbai vs. DCIT Cen Cir 5(1), Mumbai

The appeals of the assessee are partly allowed

ITA 7310/MUM/2017[2010-11]Status: DisposedITAT Mumbai15 Oct 2018AY 2010-11

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 133ASection 143(3)Section 147Section 148Section 153C

…jection of the objections and therefore the notice issued is bad in law. Reliance was placed upon the decision in GKN Driveshafts Ltd. (259 ITR 19)(Supreme Court) and in the M/s Shree Global Tradefin Ltd. ITA Nos7310 to 7313/Mum/ 2017 case of Asian Paints (296 ITR 90)(Bom.). It was also explained that all these companies are assessed by the same Assessing Officer and consequent assessment orders were passed. Our attention was invited to page-60, wherein, the details of cheque, bank name, branch name and amount is mentioned. Our attention was further invited to pages 216, 223, 174, 184, 182, 185, 188, 199, 206,…

Vipul Vijay Chopda, Pune vs. Income Tax Officer

In the result, the impugned order is set aside and the appeal of assessee is allowed

ITA 2883/PUN/2016[2009-10]Status: DisposedITAT Pune09 Oct 2018AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri K. SrinivasanFor Respondent: Shri Pankaj Garg
Section 143(2)Section 143(3)Section 147Section 148

…s. 147 r.w.s. 148 on 03-03-2015. The ld. AR submitted that the assessment order has been passed in violation of the time line enumerated by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax & Anr. reported as 296 ITR 90. The Hon’ble High Court has categorically held that where the Assessing Officer does not accept the objections, he shall not proceed further within a period of four weeks from the date of receipt of service of the said order on objections, on 4 ITA No. 2883/PUN/2016, A.Y. 2009-10 the assessee. The Hon’ble Bombay High Court has reiterated the same…

Anil Khubchandani, Ulhasnagar vs. Assistant Commissioner of Income Tax Circle-2, Kalyan

In the result, appeal of the assessee is allowed

ITA 6300/MUM/2017[2007-08]Status: DisposedITAT Mumbai20 Sept 2018AY 2007-08

Bench: Shri G.S. Pannu & Shri Pawan Singhanil Khubchandani Acit Circle- 2 1St Floor, Mohan Plaza, (Ulhasnagar) 501, Dev Corpra, Cadbury Junction, Kopat, Vs. Wayle Nagar, Khadakpada, Thane-400601. Kalyan-421301. Pan: Abipk4770G Appellant Respondent

For Appellant: Shri Sunil Makhija (AR)For Respondent: Shri Rajesh Kumar Yadav (DR)
Section 143Section 143(1)Section 143(3)Section 147Section 148Section 253Section 254(1)

…IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER Anil Khubchandani ACIT Circle- 2 1st Floor, Mohan Plaza, (Ulhasnagar) 501, Dev Corpra, Cadbury Junction, Kopat, Vs. Wayle Nagar, Khadakpada, Thane-400601. Kalyan-421301. PAN: ABIPK4770G Appellant Respondent Appellant by : Shri Sunil Makhija (AR) Respondent by : Shri Rajesh Kumar Yadav (DR) Date of Hearing : 21.06.2018 Date of Pronouncement : 20.09.2018 ORDER UNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by assessee under section 2…

ACIT (E) 20(3), Mumbai vs. Seema Dilip Vora, Mumbai

The appeal of the Revenue is dismissed

ITA 582/MUM/2017[2007-08]Status: DisposedITAT Mumbai13 Aug 2018AY 2007-08

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year:2007-08 Acit-20(3), Ms. Seema Dilip Vora, Room No.622, 71/72, Rajkamal Apartment बनाम/ Piramal Chambers, Lalbaug, Rajkamal Marg, Rajkamal Vs. Mumbai Studio, Near Gandhi Hospital, Parel, Mumbai-400012 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No. Aabpv0816C

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

…, lay down the correct law." 25 Ms. Seema Dilip vora 2.15. The Hon'ble jurisdictional High Court in the case Aroni Commercials Ltd. vs DCIT (2014) 362 ITR 403 (Bom.) held as under:- ■ The Bombay High Court in the case of Asian Paints Ltd. v. Dy. CIT [2008] 296 ITR 90 has clearly laid down that when an assessment is sought to be reopened under section 148 and the objections of the assessee have been overruled by the Assessing Officer, then in such a case the Assessing Officer will not proceed further in the matter for a period of four weeks from the date of receipt of the order rejecting the objections of the a…

Pioneer Town Planners Pvt. Ltd., New Delhi vs. DCIT, Circle- 19(2), New Delhi

In the result, appeal of the assessee is allowed on legal grounds

ITA 132/DEL/2018[2009-10]Status: DisposedITAT Delhi06 Aug 2018AY 2009-10

Bench: Shri C.M.Garg & Shri N.K.Billaiyaआयकर अपील सं. / Ita No.132/Del/2018 धनिाारण वर्ा / Assessment Year: 2009-10 Pioneer Town Planners Pvt. Ltd., Vs. Dy. Commissioner Of Income E-104, Greater Kailash Enclave, Tax, Part-I, Circle-19(2), New Delhi. New Delhi. [Pan: Aaecp 6502F] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri Suresh K. Gupta, C.A, प्रत्यर्थी की ओर से /Revenue By : Smt. Parmita Tripathy, Cit(Dr) सुनवाई की तारीख/Date Of Hearing : 09-05-2018 घोषणा की तारीख /Date Of Pronouncement : 06-08-2018

For Appellant: Shri Suresh K. Gupta, C.AFor Respondent: Smt. Parmita Tripathy, CIT(DR)
Section 143(2)Section 143(3)Section 147Section 151Section 250Section 250(6)Section 68

…sonable time of four weeks for taking remedy against the order of disposal of preliminary objection against the incorrect assumption of jurisdiction by the AO u/s. 147 in violation of principles enunciated by Bombay High Court in the case of Asian Paints Ltd. 296 ITR 90.” 4. On said application, we have heard the arguments of both sides and carefully perused the relevant material placed on the record of the Tribunal. The ld. Assessee’s Representative (AR) submitted that the additional ground is a pure legal grounds and such ground can be raised by the assessee at any appellate stage. For this proposition, the rel…

Gagandeep Maan, Pune vs. Deputy Commissioner of Income Tax, Pune

In the result, the appeal filed by the assessee is partly allowed and the appeal by the Revenue is dismissed

ITA 656/PUN/2017[2009-10]Status: DisposedITAT Pune23 May 2018AY 2009-10

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri V.L. JainFor Respondent: Smt. Nirupama Kotru
Section 143(3)Section 148

…d that the assessment proceedings are also liable to be set aside on the ground that the mandatory period of four weeks time as directed by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax & Anr. reported as 296 ITR 90 was not granted by the Assessing Officer to the assessee after disposing of objections. The objections filed against reopening were rejected by the Assessing Officer on 05-03-2015. Within a short span of 10 days time the assessment order was passed by the Assessing Officer on 16- 03-2015. The ld. AR submitted that though First Appellate Authority…

Income-Tax Officer, Pune vs. Shri Gagandeep Amarpal Maan, Pune

In the result, the appeal filed by the assessee is partly allowed and the appeal by the Revenue is dismissed

ITA 1078/PUN/2017[2009-10]Status: DisposedITAT Pune23 May 2018AY 2009-10

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri V.L. JainFor Respondent: Smt. Nirupama Kotru
Section 143(3)Section 148

…d that the assessment proceedings are also liable to be set aside on the ground that the mandatory period of four weeks time as directed by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax & Anr. reported as 296 ITR 90 was not granted by the Assessing Officer to the assessee after disposing of objections. The objections filed against reopening were rejected by the Assessing Officer on 05-03-2015. Within a short span of 10 days time the assessment order was passed by the Assessing Officer on 16- 03-2015. The ld. AR submitted that though First Appellate Authority…

Deputy Commissioner of Income-Tax vs. P3 Properties, Pune

In the result, both the appeals by the Revenue are dismissed

ITA 392/PUN/2016[2009-10]Status: DisposedITAT Pune04 May 2018AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Achal Sharma
Section 132Section 147Section 148Section 153ASection 80I

…sessing Officer vide separate order dated 21-03-2014. The ld. AR contended that the Assessing Officer has violated the time line set out by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax & Anr. reported as 296 ITR 90 in passing the assessment orders. The ld. AR submitted that the notice u/s. 148 was issued to the assessee on 22-03-2013 for the impugned assessment years. The assessee vide letter dated 30-03-2013 declared the income as was returned by the assessee in response to notice u/s. 153A. The assessee sought reasons for reopening of the assessment vide l…

Deputy Commissioner of Income-Tax vs. P3 Properties, Pune

In the result, both the appeals by the Revenue are dismissed

ITA 391/PUN/2016[2008-09]Status: DisposedITAT Pune04 May 2018AY 2008-09

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Achal Sharma
Section 132Section 147Section 148Section 153ASection 80I

…sessing Officer vide separate order dated 21-03-2014. The ld. AR contended that the Assessing Officer has violated the time line set out by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax & Anr. reported as 296 ITR 90 in passing the assessment orders. The ld. AR submitted that the notice u/s. 148 was issued to the assessee on 22-03-2013 for the impugned assessment years. The assessee vide letter dated 30-03-2013 declared the income as was returned by the assessee in response to notice u/s. 153A. The assessee sought reasons for reopening of the assessment vide l…

Amolika Constructions Private Limited, Mumbai vs. Income Tax Officer -9(1)(2), Mumbai

ITA 505/MUM/2018[2007-08]Status: DisposedITAT Mumbai18 Apr 2018AY 2007-08

Bench: Sh. R. C. Sharma, Am & Sh. Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 505 & 506/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2007-08&2008-09)

For Appellant: Dr. P. Daniel, ARFor Respondent: Sh. M. C. Omi
Section 131Section 143(3)Section 147Section 148Section 68

…(3) r.w.s. 147 of the I.T. Act was passed by the AO on 31.03.15 which is in clear 9 I.T.A. No. 505 & 506/Mum/2018 Amolika Constructions Pvt. Ltd. violation of the directions given by Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vrs. DCIT (2008) 296 ITR 90 wherein it has been held as under:- “If the AO does not accept the objections filed by the assessee against reopening of assessment, he is not to proceed further in the matter for a period of four weeks from the date of service of order rejecting the objections on the assessee- above procedure is to be followed strictly in all such cases of reopen…

Income-Tax Officer vs. Smt. Nirmala Prakash Shah, Nashik

ITA 1938/PUN/2016[2008-09]Status: DisposedITAT Pune23 Feb 2018AY 2008-09

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Pramod ShingteFor Respondent: Shri Mukesh Jha
Section 139Section 143(1)Section 143(3)Section 148

…osing of objections, sufficient opportunity was not afforded to assessee by Assessing Officer for challenging such order as has been enunciated by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax reported as 296 ITR 90. The Hon’ble High Court has held that the Assessing Officer shall not proceed further in the matter within a period of four weeks from the date of service of order on objections, if they are rejected by Assessing Officer. In the present case, the non-speaking rejection order has been passed on 24-02-2014 and immediately on the next day i.e. 25-02-…

Income-Tax Officer vs. Smt. Nirmala Vijay Sanklecha, Nashik

ITA 1937/PUN/2016[2008-09]Status: DisposedITAT Pune23 Feb 2018AY 2008-09

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Pramod ShingteFor Respondent: Shri Mukesh Jha
Section 139Section 143(1)Section 143(3)Section 148

…osing of objections, sufficient opportunity was not afforded to assessee by Assessing Officer for challenging such order as has been enunciated by the Hon’ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax reported as 296 ITR 90. The Hon’ble High Court has held that the Assessing Officer shall not proceed further in the matter within a period of four weeks from the date of service of order on objections, if they are rejected by Assessing Officer. In the present case, the non-speaking rejection order has been passed on 24-02-2014 and immediately on the next day i.e. 25-02-…

Manglesh Kalyanchand Lalwani, HUF, Nashik vs. Income-Tax Officer

In the result, both the appeals filed by the assessees are partly allowed

ITA 1893/PUN/2014[2001-02]Status: DisposedITAT Pune23 Feb 2018AY 2001-02

Bench: Shri D. Karunakara Rao, Am

For Respondent: Dr. Vivek Aggarwal, CIT-DR
Section 147Section 148

…पुणे "यायपीठ "यायपीठ "यायपीठ “SMC” पुणे "यायपीठ पुणे म"म"म"म" आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण पुणे अिधकरण पुणे पुणे पुणे पुणे IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE "ी डी "ी डी. क"णाकरा क"णाकरा राव लेखा सद"य सद"य केकेकेके सम" सम" "ी "ी क"णाकरा क"णाकरा राव, लेखा सद"य सद"य सम" सम" डी डी राव राव लेखा लेखा BEFORE SHRI D. KARUNAKARA RAO, AM आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / ITA No.1891/PUN/2014 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2001-02 वष" Kalyanchand Manakchand Lalwani (HUF), Mahavir Path, A/P. Manmad, Dist. Nashik –…