222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.

384 ITR 147High Court2016#289 most cited

What is 222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd. authority for?

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

274

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd. · section 147 · section 148 · section 151 · section 143(3) · reason to believe · tangible material · live link · borrowed satisfaction · non-application of mind · escapement of income

Sections most often in play

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

Issues it is cited on

sanction under section 151section 151(1)live linkborrowed satisfactionmaterial facts necessary for assessmentsection 148(2)non application of mindtangible materialkelvinatorreason to believenon-application of mindescapement of income

Judgments citing 222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.

Brand India Real Estate Private Limited, Jaipur vs. Income Tax Officer Ward 6(1), Jaipur

In the result, appeal of the assessee is allowed

ITA 514/JPR/2025[2012-2013]Status: DisposedITAT Jaipur29 Sept 2025AY 2012-2013
For Appellant: Shri Siddharth Ranka, Adv. &For Respondent: Shri Dharam Singh Meena, JCIT
Section 132Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

…570 (Bom) (xiii) Other relied upon judgments on this issue: - a) CIT v. Kamdhenu Steel & Alloys Ltd. (2012) 248 CTR 33 (Delhi)(High Court). b) CIT v. Multiplex Trading & Industrial Co Ltd (2015) 128 DTR 217 (Delhi)(HC) c) Pr. CIT v G. Pharma India Ltd.[2017] 384 ITR 147 (Delhi) (H C) d) CIT vs. Insecticides (India) Ltd. (2013) 357 ITR 300 (Del.)(HC) e) CIT v/s Meenakshi Oversea's Pvt Ltd (2017) 395 ITR 677(Del) (HC) f) CIT vs. Fair Invest Ltd. (2013) 357 ITR 146 (Del.)(HC) 1.2 The information received from other authority cannot be considered as material for reopening:- 1. In view of submission made hereinabove,…

Anusha Finvest Pvt Ltd, Jaipur vs. Assistant Commissioner of Income Tax Circle 1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 985/JPR/2024[2010-2011]Status: DisposedITAT Jaipur10 Sept 2025AY 2010-2011

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Saurav Harsh, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 142(1)Section 143(1)Section 143(2)Section 147Section 148

…ssessment proceedings framed by the AO is quashed. - Assessee appeal allowed. • Sarthak Securities Co. P. Ltd. Vs. ITO – [2010] 329 ITR 110 (Delhi). • Signature Hotels P. Ltd. Vs. ITO – [2011] 338 ITR 51 (Delhi). • PCIT Vs. G And G Pharma India Ltd. – [2016] 384 ITR 147 (Delhi). • PCIT Vs. RMG Polyvinyl (I) Ltd. – [2017] 396 ITR 5 (Delhi). • PCIT Vs. Meenakshi Overseas Pvt. Ltd. – [2017] 395 ITR 677 (Delhi). 1.20 Therefore, within the purview of the undisputed facts discussed above and the settled law of the land, it has been proven beyond in law being against the principle of natural justice, time-barred, with…

Narayan Suppliers Pvt. Ltd., Kolkata vs. I.T.O., Ward - 6(3), Kolkata

In the result, appeal of the assessee is dismissed

ITA 1077/KOL/2024[2011-2012]Status: DisposedITAT Kolkata08 Sept 2025AY 2011-2012

Bench: Shri George Mathan & Shri Rakesh Mishra

For Appellant: Shri Avijit Ghoshal, ARFor Respondent: Shri Raja Sengputa, CIT-DR
Section 10(38)

…ms Ltd., Unisys Softwares & Holding Industries Ltd. and Nouveau Multitrade..... amounting to Rs.17,10,95,930/- during the financial year 2010-11. Reliance on this issue is placed on the following Judicial Pronouncements: Hon'ble Delhi High Court in G&G Pharma 384 ITR 147 which held that "prior to the reopening of the assessment, the AO had to, applying his mind to the materials, conclude that he had reason to believe that income of the assessee had escaped assessment. Unless that basic jurisdictional requirement was satisfied, a post mortem exercise of analysing materials produced subsequent to the re-opening wou…

Aviral Marketing Pvt. Ltd., Kolkata vs. DCIT, Circle 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1423/KOL/2025[2012-2013]Status: DisposedITAT Kolkata03 Sept 2025AY 2012-2013

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2012-13 Aviral Marketing Pvt. Ltd…….……………..............................……….……Appellant 7, Camac Street, Azimganj House, 1St Floor, Shakespeare Sarani, Kol- 700017. [Pan: Aacca3794N] Vs. Dcit, Circle-4(1), Kolkata……………………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Appellant. Shri Ruchika Sharma, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 02, 2025 Date Of Pronouncing The Order : September 03, 2025 Order Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As The “Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

Section 143(3)Section 147Section 148Section 250Section 68

…estigation wing and has not recorded his own satisfaction. In defence of his argument, the ld. counsel has relied on the decision of PCIT vs. Meenakshi Overseas (P) Ltd. reported in (2017) 395 ITR 677 (Del), PCIT vs. G & G Pharma India Ltd. reported in (2016) 384 ITR 147 (Del) and CIT vs. Insecticides (India) Ltd. reported in (2013) 357 ITR 330 (Del). 6. The ld. DR, on the other hand, relied heavily on the orders of the authorities below. 7. After hearing the rival contentions and perusing the materials available on record, we find that in this case, the Assessing Officer recorded reasons u/s 148 for reopening…

Sh. Kapil Taneja, Jaipur vs. The Deputy Commissioner of Income Tax Circle-1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 578/JPR/2025[2017-18]Status: DisposedITAT Jaipur11 Aug 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Tarun Mittal, CAFor Respondent: Sh. Gorav Avasthi, JCIT
Section 144BSection 147Section 148Section 148ASection 151ASection 69A

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 578/JP/2025 fu/kZkj.k o"kZ@Assessment Year : 2017-18 cuke Kapil Taneja DCIT Vs. 58, Cosmo Colony, Vaishali Circle-01, Nagar, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ACRPT2364B vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Tarun Mittal, CA jktLo dh vksj ls@ Revenue by : Sh. Gorav Avasthi,…

Ravinder Singh Thakkar, Jaipur vs. Assistant Commissioner of Income Tax, Jaipur

In the result the appeal of the assessee in ITA no

ITA 820/JPR/2025[2019-20]Status: DisposedITAT Jaipur25 Jul 2025AY 2019-20
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 139Section 143(3)Section 147

…me to a conclusion or reasons to belief with regard to evasion of tax which has escaped assessment. 10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in the case of Pr. CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677, G&G Pharma 384 ITR 147, Subh Infrastructure 398 ITR 198 and Pr. CIT Vs. RMC Polyvinyl (I) Ltd. 396 ITR 5 wherein the Delhi High Court has held that observations of the Investigation Wing should not be treated as conclusions without the AO independently verifying the same, in the absence of which the Hon'ble Court held that the reopening of assessment was bad in law. 11…

Ravinder Singh Thakkar, Jaipur vs. Assistant Commissioner of Income Tax, Jaipur

In the result the appeal of the assessee in ITA no

ITA 819/JPR/2025[2018-19]Status: DisposedITAT Jaipur25 Jul 2025AY 2018-19
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 139Section 143(3)Section 147

…me to a conclusion or reasons to belief with regard to evasion of tax which has escaped assessment. 10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in the case of Pr. CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677, G&G Pharma 384 ITR 147, Subh Infrastructure 398 ITR 198 and Pr. CIT Vs. RMC Polyvinyl (I) Ltd. 396 ITR 5 wherein the Delhi High Court has held that observations of the Investigation Wing should not be treated as conclusions without the AO independently verifying the same, in the absence of which the Hon'ble Court held that the reopening of assessment was bad in law. 11…

Ravinder Singh Thakkar, Jaipur vs. Assistant Commissioner of Income Tax, Jaipur

In the result the appeal of the assessee in ITA no

ITA 818/JPR/2025[2017-18]Status: DisposedITAT Jaipur25 Jul 2025AY 2017-18
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 139Section 143(3)Section 147

…me to a conclusion or reasons to belief with regard to evasion of tax which has escaped assessment. 10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in the case of Pr. CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677, G&G Pharma 384 ITR 147, Subh Infrastructure 398 ITR 198 and Pr. CIT Vs. RMC Polyvinyl (I) Ltd. 396 ITR 5 wherein the Delhi High Court has held that observations of the Investigation Wing should not be treated as conclusions without the AO independently verifying the same, in the absence of which the Hon'ble Court held that the reopening of assessment was bad in law. 11…

Ravinder Singh Thakkar, Jaipur vs. Assistant Commssioner of Income Tax, Jaipur

In the result the appeal of the assessee in ITA no

ITA 817/JPR/2025[2016-17]Status: DisposedITAT Jaipur25 Jul 2025AY 2016-17
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 139Section 143(3)Section 147

…me to a conclusion or reasons to belief with regard to evasion of tax which has escaped assessment. 10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in the case of Pr. CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677, G&G Pharma 384 ITR 147, Subh Infrastructure 398 ITR 198 and Pr. CIT Vs. RMC Polyvinyl (I) Ltd. 396 ITR 5 wherein the Delhi High Court has held that observations of the Investigation Wing should not be treated as conclusions without the AO independently verifying the same, in the absence of which the Hon'ble Court held that the reopening of assessment was bad in law. 11…

Ravinder Singh Thakkar, Jaipur vs. Assistant Commissioner of Income Tax, Jaipur

In the result the appeal of the assessee in ITA no

ITA 816/JPR/2025[2015-16]Status: DisposedITAT Jaipur25 Jul 2025AY 2015-16
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Shri Gorav Avasthi, JCIT
Section 139Section 143(3)Section 147

…me to a conclusion or reasons to belief with regard to evasion of tax which has escaped assessment. 10. Placing reliance on the decisions of Hon'ble jurisdictional Delhi High Court in the case of Pr. CIT Vs. Meenakshi Overseas (P) Ltd. 395 ITR 677, G&G Pharma 384 ITR 147, Subh Infrastructure 398 ITR 198 and Pr. CIT Vs. RMC Polyvinyl (I) Ltd. 396 ITR 5 wherein the Delhi High Court has held that observations of the Investigation Wing should not be treated as conclusions without the AO independently verifying the same, in the absence of which the Hon'ble Court held that the reopening of assessment was bad in law. 11…

DCIT, Circle-I, Ludhiana vs. Adinath Textiles Limited, Ludhiana

In the result both the appeal filed by the Revenue and Cross objection filed by the Assessee are dismissed

ITA 122/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh23 Jul 2025AY 2012-13

Bench: the appeal is finally heard or disposed off.

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR
Section 147Section 148Section 68Section 69C

…n of mind by the AO. No enquiries have been made and, thus, it was a case of borrowed satisfaction. Reliance was made on the following judgments:- i). CIT vs Meenakshi Overseas Ltd. as reported in 395 ITR 677, ii). PCIT vs G G Pharma India Ltd. as reported in 384 ITR 147, iii). M/s Supertech Forgings (India) Pvt Ltd. vs DCIT in ITA No. 563/Asr/2018 order dated 25.08.2021 and of Hon'ble Punjab & Haryana High Court. iv). M/s Holy Faith International Pvt Ltd. Vs DCIT in IiA No. 181/Asr/2017 order dated 15.01.2019 22. It was further argued by the Counsel that there has been wrong reason to belief formed by the AO sin…

ITO, Ward-18(), New Delhi vs. Nivia Agencies Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 1009/DEL/2021[2002-03]Status: DisposedITAT Delhi09 Jul 2025AY 2002-03

Bench: MS. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 139(1)Section 142Section 143(1)Section 144Section 148Section 250(6)Section 68

…n that he has reasons to believe that income has escaped assessment. Reopening of assessment in this case is not justified based on these reasons recorded. Reliance is placed in judgment of Hon'ble Delhi High Court in PCIT Vs. G&G Pharma India Ltd reported in 384 ITR 147 (Del.). d) It is not disputed that the reasons recorded by the AO and supplied to the appellant vide letter dated 01.06.2007 show that the reasons recorded do not even remotely indicate independent application of mind by the AO nor has the AO given any finding that he has reasons to believe that income has escaped assessment. Before the AO can as…

Harsh Comtrade Pvt Ltd, Surat vs. Income Tax Officer, Ward 5(4), Kolkata

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 225/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

For Respondent: Shri S.B. Chakraborthy, Addl. CIT-Sr.DR
Section 148

…oted that the AO "has not mentioned nature of transaction which was effected for alleged accommodation entry and even without mentioning the date of recording of reasons". Following the decision of this Court in Commissioner of Income Tax v. G&G Pharma (2015) 384 ITR 147 (Del.), the ITAT held that "The AO had not applied his mind at the time of initiating the proceedings of reassessment under Section 147 of the Act. The ground Nos. 1(a) to 1(d) of the Assessee's appeal were, accordingly, allowed." 13. Relying the said decision as supra, the Co-ordinate Kolkata Bench in Ashika Stocking Broking Ltd v. DCIT, Central…

Mandeep Singh S/O Sh. Narinder Singh Village and Post Office Tarmala Malout District Muktsar, Muktsar vs. The Income Tax Officer Ward 2(5) Muktsar Jao Income Tax Officer Ward 2(2) Muktsar, Muktsar

In the result appeal of the assessee is allowed

ITA 645/ASR/2024[2012-2013]Status: DisposedITAT Amritsar30 Jun 2025AY 2012-2013

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

Section 131Section 133(6)Section 147Section 148Section 151Section 250Section 282Section 69A

…aving wrong material to suggest that income of the assessee had escaped assessment.” iv) CIT vs Paramjit Kaur as reported in 311 ITR 38 (P& H HC) v) CIT vs Meenakshi Overseas Ltd. as reported in 395 ITR 677 vi) PCIT vs G G Pharma India Ltd. as reported in 384 ITR 147 vii) Smt Geeta Garg vs CIT as reported in 51 IT Rep 215 P& H HC viii) M/s Supertech Forgings (India) Pvt Ltd. vs DCIT in ITA No. 563/Asr/2018 order dated 25.08.2021. Further the appeal of the department has even been dismissed by the Hon’ble Punjab & Haryana HC vide order dated 05.09.2023 in ITA-101-2022 (O&M) ix) ITO vs Lakhmani Mewal Das…

Ram Singh, District Kaithal, Haryana vs. Income Tax Officer, Ward-1, Kaithal, Income Tax Office, Ambala Road

The appeal of the assessee is dismissed

ITA 920/CHANDI/2024[2012-13]Status: DisposedITAT Chandigarh30 Jun 2025AY 2012-13

Bench: The Appeal Is Finally Heard Or Disposed Of.

For Appellant: Shri Nikhil Goyal, AdvocateFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 234ASection 69

…ependent application of mind by the AO. It is a settled law that the AO must form his own belief after applying mind to the information, which is absent in this case. Reliance was placed on the following judicial precedents: a. PCIT v. G&G Pharma India Ltd. [384 ITR 147 (Del)] b. Meenakshi Overseas Pvt. Ltd. [395 ITR 677 (Del)] c. Signature Hotels Pvt. Ltd. v. ITO [338 ITR 51 (Del)] 5. On the merits of the addition, the Ld. AR submitted that: The assessee had duly filed a cash flow statement explaining sources of cash deposits. The cash deposits were out of earlier year’s withdrawals, agricultural income, and…

Laxmidhan Tradelink Pvt. Ltd., Kolkata vs. ITO, Ward-2(2), Kolkata

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1428/KOL/2023[2011-12]Status: DisposedITAT Kolkata23 May 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 11Section 147Section 148Section 250Section 68

…ough the facts of the case before reopening the assessment in the case of the assessee. Reliance in this regard is placed upon the judgements below: i) Principal Commissioner of Income-tax-4 vs. G & G Pharma India Ltd. [2017] 81 taxmann.com 109 (Delhi)/[2016] 384 ITR 147 (Delhi)[08-10-2015] ii) Principal Commissioner of Income-tax-6 vs. Meenakshi Overseas (P.) Ltd. [2017] 82 taxmann.com 300 (Delhi)/[2017] 395 ITR 677 (Delhi)[26-05-2017] iii) Principal Commissioner of Income-tax vs. RMG Polyvinyl (I) Ltd. [2017] 83 taxmann.com 348 (Delhi)/[2017] 249 Taxman 610 (Delhi)/[2017] 396 ITR 5 (Delhi)[07-07-2017] iv) Commi…

Deepak Kakar, Ferozpur vs. Income Tax Officer, Ward 3(1), Ferozpur

In the result, Assessee’s appeal is allowed

ITA 409/ASR/2024[2014-15]Status: DisposedITAT Amritsar24 Mar 2025AY 2014-15

Bench: Shri Udayan Das Gupta & Shri Krinwant Sahayxsftrtot U/Ita No. 409/Asr/2024 / Assessment Year : 2014-15 Deepak Kakar, The Ito, <Shw Mohalla Dhanwala Wala, Ward-3(1), Closed Street, Ferozepur Ferozepur City, Punjab 152002 Tt./Pan No: Ctzpk1764P H^L^Ff/Respondent 3| 4] Cl |'4F/Appellant ( Hybridhearing ) <Ivjcj?! $/ Revenue By :Shri Davinder Pal Singh, Sr. Dr 3{N Tf/Assessee By : Shri Parikshit Aggarwal, Ca

For Appellant: Shri Parikshit Aggarwal, CAFor Respondent: Shri Davinder Pal Singh, Sr. DR
Section 144Section 147Section 148Section 194ASection 195

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, AMRITSAR BEFORE SHRI UDAYAN DAS GUPTA, JUDICIAL MEMBER AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER xSftrtoT U/ITA No. 409/Asr/2024 / Assessment Year : 2014-15 Deepak Kakar, The ITO, &lt;sHW Mohalla Dhanwala Wala, Ward-3(1), Closed Street, Ferozepur Ferozepur City, Punjab 152002 TT./PAN NO: CTZPK1764P H^l^ff/Respondent 3| 4] cl |&#x27;4f/Appellant ( HybridHearing ) &lt;Ivjcj?! $/ Revenue by :Shri Davinder Pal Singh, Sr. DR 3{N Tf/Assessee by : Shri Parikshit Aggarwal, CA 4^ cn&quot;fh&lt;l/Date of Hearing vJ^Vf^UTl cUffe/Date of Pronouncement : 19.12.2024* 2025 \ &#x27;30^170 r de r Pe…

Pr.Commissioner of Income Tax Delhi-04 vs. M/S Ganesh Ganga Insvestments Pvt Ltd

ITA/25/2022HC Delhi28 Feb 2025

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

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

…the Assessee in the cases of Pr. Commissioner of Income Tax vs., RMG Polyvinyl (I) Ltd., 396 ITR 5 (Del.), Pr. Commissioner of Income Tax vs., Meenakshi Overseas (P) Ltd., 395 ITR 677 (Del.), Pr. Commissioner of Income Tax vs., G and G Pharma India Ltd., 384 ITR 147 (Del.) and Sarthak Securities Co. (P) Ltd., 329 ITR 110 (Del.), clearly apply to the facts and circumstances of the case. Learned Counsel for the Assessee also relied upon Order of ITAT, Delhi Bench in the case of Pioneer Town Planners Pvt. Ltd., (supra) in which on identical facts reopening of the assessment have been quashed. The Ld. D.R.…

Winsome Textile Industries Limited, Chandigarh vs. Asstt. Commissioner of Income Tax, Circle-4(1), Chandigarh

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

ITA 528/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh27 Feb 2025AY 2011-12

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Tejmohan Singh, AdvocateFor Respondent: Shri Ved Parkash Kalia Sr. DR
Section 115JSection 143(1)Section 143(3)Section 147Section 148

…7 (Bom.)(HC)  PCIT v. SNG Developers Ltd. [2018] 404 ITR 312 (Delhi)(HC)  PCIT v. Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Delhi) (HC)  PCIT vs RMG Polyvinyl Ltd ITA 29/2017 &amp; CM 1009/2017 DATED 07/07/2017  PCIT v. G &amp; G Pharma India Ltd. [2017] 384 ITR 147 (Delhi)(HC)  CIT v. Multiplex Trading &amp; Industrial Co. Ltd. (2016) 378 ITR 351 (Delhi) (HC)  SABH Infrastructure vs ACIT WP(C) No. 1357/2016 DATED 25/09/2017  CIT v. Insecticides (India) Ltd. (2013) 357 ITR 300 (Delhi)(HC)  CIT v. Fair Invest Ltd. (2013) 357 ITR 146 (Delhi)(HC)  CIT v. Kamdhenu Steel &amp; Alloys Ltd. (2014) 361 ITR 220 (Delhi)(…

Jaibhagwan Banarasidas Jindal, Jalna vs. The Income Tax Officer, Ward-1, Jalna

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

ITA 2016/PUN/2024[2016-17]Status: DisposedITAT Pune27 Feb 2025AY 2016-17

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

For Appellant: Shri Jaiprakash BairagraFor Respondent: Shri Ramnath P Murkunde
Section 10(38)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 151

…4 link between tangible material and formation of reason to believe that income had escaped assessment, reassessment was not justified. 14. Referring to the decision of the Hon’ble Delhi High Court in the case of Pr. CIT vs. G and G Pharma India Ltd., [2016] 384 ITR 147 (Del.), he submitted that the Hon’ble High Court in the said decision has held that prior to the reopening of the assessment, the Assessing Officer has to, applying his mind to the material, conclude that he has reason to believe that income of the assessee has escaped assessment. Unless the basic jurisdictional requirement is satisfied, a postmo…