361 ITR 10, CIT v. FCS International Marketing Ltd. (Punjab & Haryana High Court)

203 CTR 601High Court#12384 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 250Section 68Section 115BBESection 142(1)Section 143(1)Section 143(3)Section 148Section 148A(d)

Issues it is cited on

section 68document

Judgments citing 361 ITR 10, CIT v. FCS International Marketing Ltd. (Punjab & Haryana High Court)

Kdjp Steels Private Limited, Delhi vs. National Faceless Appeal Centre, Delhi

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

ITA 5900/DEL/2024[2017-18]Status: DisposedITAT Delhi23 Dec 2025AY 2017-18

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarassessment Year : 2017-18 Kdjp Steels Private Limited, Vs. National Faceless Appeal Centre, Plot No.50, Flat No.A-201, Delhi. Parshav Vihar, Patpar Ganj, Delhi – 110 092. Pan: Aacck6905F (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Sr. Advocate; Shri R.P. Mall, Advocate; Shri Shailesh Gupta, Ca & Shri Madhur Agarwal, Advocate Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 27.10.2025 Date Of Pronouncement : 23.12.2025

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Shri Om Parkash, Sr. DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250

…ming his duties, assessee cannot be saddled with huge liabilities. AO, being part of the department has all wherewithal and requisite resources to conduct enquiries. Reliance is placed on following case laws- A) CIT vs. FCS International Marketing reported in 203 CTR 601 (P&H) B) Pr. CIT vs. Krishna Devi reported in 431 ITR 361 (Del) C) CIT vs. Nova Promoter and Finlease (P) Ltd. reported in 342 ITR 169 (Del) 5.8 The appellant is also placing on record the extract from the stock register from 01.11.2016 to 08.11.2016 to establish that GC/GP Sheets which were of standard weight and were sold in numbers as Annexu…

Kunjumol Shali, Alappuzha vs. ITO, Ward 2, Alappuzha

In the result, appeal of the assessee is allowed and stay petition filed by the assessee is dismissed

ITA 899/COCH/2024[2015-16]Status: DisposedITAT Cochin04 Apr 2025AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadav

For Appellant: Sri.Sureshkumar Varma, CAFor Respondent: Smt.Leena Lal, Sr.AR
Section 148Section 148ASection 250Section 68

…called for in the hands of assessee. Since it is a settled position of law that an assessee would not suffer on account of inaction on the part of AO as held by Hon’ble Punjab & Haryana High Court in the case of CIT Vs. FCS International Marketing reported in 203 CTR 601. Therefore, the appeal of the assessee is allowed. 8. Since we have already decided the appeal, the stay petition filed by the assessee becomes infructuous. 9. In the result, appeal of the assessee is allowed and stay petition filed by the assessee is dismissed. Order pronounced in the open court on 4th Apr, 2025 (Inturi Rama Rao) JudicialMemb…

Rewin Ceramics Pvt Ltd, New Delhi vs. ITO Ward - 21(3), New Delhi

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

ITA 4580/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Jul 2024AY 2010-11

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE, SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI SUDHIR PAREEK, JUDICIAL MEMBER M/s Rewin Ceramic Pvt. Income Tax Officer Ltd. Ward-21(3) A-410, Ansal Chamber-I Vs. New Delhi Bhikaji Cama Place New Delhi PAN:AADCK5934F (Appellant) (Respondent) Assessee by Shri Salil Agarwal, Adv. , Shri Shailesh Gupta, CA & Sh. Madhur Agarwal, Adv. Respondent by Shri Vivek Vardhan, Sr. DR Date of Hearing 21/05/2024 Date of Pronouncement 18/07/2024 O R D E R PER S.RIFAUR RAHMAN, AM: 1. This appeal has been filed by the Assessee against the order of L…

Surya Manufacturing P.Ltd, New Delhi vs. DCIT, Circle-24(2), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 6014/DEL/2017[2014-15]Status: HeardITAT Delhi15 Mar 2022AY 2014-15

Bench: Sh. Saktijit Deydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 6014/Del/2017 : Asstt. Year : 2014-15 M/S Surya Manufacturing Pvt. Ltd. Vs Dcit, 2937/3, Chuna Mandi, 1St Floor, Circle-24(2), Paharganj, New Delhi-110055 New Delhi (Appellant) (Respondent) Pan No. Aaccs2412B Assessee By : None Revenue By : Sh. Umesh Takyar, Sr. Dr Date Of Hearing: 09.03.2022 Date Of Pronouncement: 15.03.2022

For Appellant: NoneFor Respondent: Sh. Umesh Takyar, Sr. DR
Section 131(1)(d)Section 143(2)Section 68

…ceived by the assessee is taxable under section 68 of the Act. 21. It is submitted that it is settled position of law that an assessee cannot be punish on account of inaction of the revenue authorities. A reference can be made to the following decisions: a. 203 CTR 601(P&H) b. Orrisa Cement 159 ITR 79( SC) 22. Assessee further seeks to rely on the following judgments: 23. CIT Vs Gangeshwari Metals 361 ITR 0010- Delhi 24. The other decisions which the assessee seeks to rely are as under:- a) ACIT Vs Divine Infracon 42 CCH 22(Del) 10 Surya Manufacturing Pvt. Ltd. b) CIT Vs Kamdhenu Steels 361 ITR 220(Del):-…

M/S. Tinna Overseas Ltd., New Delhi vs. DCIT, New Delhi

In the result, the ITA No

ITA 5389/DEL/2014[2009-10]Status: DisposedITAT Delhi09 Oct 2017AY 2009-10

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.N. Chary

Section 132Section 139Section 143(3)Section 153C

…ing course of search cannot be made. He also placed reliance on CIT vs. Fair Finvest Ltd. (Delhi High Court) 357 ITR 146, CIT vs. Gangeshwari Metals Ltd. (Delhi High Court) 361 ITR 10, CIT vs. FCS International Marketing Ltd. (Punjab & Haryana High Court) 203 CTR 601, ACIT vs. Anima Investment Ltd. (3rd Member Delhi ITAT) 73 ITD 125, for the principles that no disallowance could be made or sustained on the basis of FIR or statements without enquiry by the AO as to the correctness or otherwise of the contents of such FIR or statement and in case of any disallowance basing on such statements can be sustained…

M/S. Tinna Overseas Ltd., New Delhi vs. DCIT, New Delhi

In the result, the ITA No

ITA 5388/DEL/2014[2008-09]Status: DisposedITAT Delhi09 Oct 2017AY 2008-09

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.N. Chary

Section 132Section 139Section 143(3)Section 153C

…ing course of search cannot be made. He also placed reliance on CIT vs. Fair Finvest Ltd. (Delhi High Court) 357 ITR 146, CIT vs. Gangeshwari Metals Ltd. (Delhi High Court) 361 ITR 10, CIT vs. FCS International Marketing Ltd. (Punjab & Haryana High Court) 203 CTR 601, ACIT vs. Anima Investment Ltd. (3rd Member Delhi ITAT) 73 ITD 125, for the principles that no disallowance could be made or sustained on the basis of FIR or statements without enquiry by the AO as to the correctness or otherwise of the contents of such FIR or statement and in case of any disallowance basing on such statements can be sustained…

M/S. Tinna Overseas Ltd., New Delhi vs. DCIT, New Delhi

In the result, the ITA No

ITA 5387/DEL/2014[2007-08]Status: DisposedITAT Delhi09 Oct 2017AY 2007-08

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.N. Chary

Section 132Section 139Section 143(3)Section 153C

…ing course of search cannot be made. He also placed reliance on CIT vs. Fair Finvest Ltd. (Delhi High Court) 357 ITR 146, CIT vs. Gangeshwari Metals Ltd. (Delhi High Court) 361 ITR 10, CIT vs. FCS International Marketing Ltd. (Punjab & Haryana High Court) 203 CTR 601, ACIT vs. Anima Investment Ltd. (3rd Member Delhi ITAT) 73 ITD 125, for the principles that no disallowance could be made or sustained on the basis of FIR or statements without enquiry by the AO as to the correctness or otherwise of the contents of such FIR or statement and in case of any disallowance basing on such statements can be sustained…

M/S. Tinna Overseas Ltd., New Delhi vs. DCIT, New Delhi

In the result, the ITA No

ITA 5386/DEL/2014[2006-07]Status: DisposedITAT Delhi09 Oct 2017AY 2006-07

Bench: Shri G.D. Agrawal, Hon’Ble & Shri K.N. Chary

Section 132Section 139Section 143(3)Section 153C

…ing course of search cannot be made. He also placed reliance on CIT vs. Fair Finvest Ltd. (Delhi High Court) 357 ITR 146, CIT vs. Gangeshwari Metals Ltd. (Delhi High Court) 361 ITR 10, CIT vs. FCS International Marketing Ltd. (Punjab & Haryana High Court) 203 CTR 601, ACIT vs. Anima Investment Ltd. (3rd Member Delhi ITAT) 73 ITD 125, for the principles that no disallowance could be made or sustained on the basis of FIR or statements without enquiry by the AO as to the correctness or otherwise of the contents of such FIR or statement and in case of any disallowance basing on such statements can be sustained…

361 ITR 10, CIT v. FCS International Marketing Ltd. (Punjab & Haryana High Court) (203 CTR 601) — Cited in 8 Judgments | BharatTax