A.L.A. Firm v. CIT

The Pr. Commissioner of Income Tax-9 vs. Tata Power Delhi Distribution Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MS. JUSTICE DEEPA SHARMA

…f opinion is impermissible but does not decisively rule that the opinion on the basis of which the reopening is permissible has to be outside the record. He sought to place reliance upon previous judgment of ALA Firm vs. Commissioner of Income Tax (1991) 189 ITR 285 (SC) and a reasoned order in Giri Lal and Company vs. Income Tax Officer Bombay and Others (2016) TIOL 129 (SC). 4. The expression “reason to believe”, was the subject matter of extensive discussion by full bench of this court reported as Commissioner of Income Tax vs. Kelvinator of India Limited 256 ITR 1 (Delhi). The full bench laid dow…

Coperion Ideal Private Limited vs. Commissioner of Income Tax-II

The appeal is allowed, but in the circumstances, with no orders as to

…10. The ITAT, by the impugned order dated 26th September 2014, allowed the Revenue‟s appeal. 10. Reliance has been placed by Mr. N.P. Sahni, learned Senior Standing counsel for the Revenue, on the decision of the Supreme Court in ALA Firm v. CIT (1991) 189 ITR 285 (SC) to urge that in similar circumstances where the AO had overlooked a binding precedent on the issue, it was construed as a sufficient material to justify reopening of the assessment. 11. It requires to be noticed that in ALA Firm (supra) the relevant AY was 1961-62. An item of expenditure in respect of „house property‟ was allowed as d…

Coperion Ideal Private Limited vs. Commissioner of Income Tax-II

The appeal is allowed, but in the circumstances, with no orders as to

…10. The ITAT, by the impugned order dated 26th September 2014, allowed the Revenue‟s appeal. 10. Reliance has been placed by Mr. N.P. Sahni, learned Senior Standing counsel for the Revenue, on the decision of the Supreme Court in ALA Firm v. CIT (1991) 189 ITR 285 (SC) to urge that in similar circumstances where the AO had overlooked a binding precedent on the issue, it was construed as a sufficient material to justify reopening of the assessment. 11. It requires to be noticed that in ALA Firm (supra) the relevant AY was 1961-62. An item of expenditure in respect of „house property‟ was allowed as d…

The Commissioner of Income Tax -II vs. Maruti Suzuki India Ltd

…on (assessee’s failure to fully and truly disclose all material facts) prescribed in the proviso, we consider it unnecessary to rule finally on the above question. We, however, add that the answer to this question as provided in A.L.A. Firm v. CIT, (1991) 189 ITR 285 (SC) and followed in Saradbhai (supra) and other decisions cited by the assessee are of little assistance in the facts of the present case. 10. The Supreme Court in Commissioner of Income Tax, Delhi v. Kelvinator of India Limited [2010] 320 ITR 561 (SC) held that there should be “tangible material” to arrive at the conclusion that there is…

CIT vs. Usha International Ltd

…pen the assessment. In our opinion, an error discovered on a reconsideration of the same material (and no more) does not give him that power.” 24. Referring to these decisions, another three Judges Bench of the Supreme Court in ALA Firm Vs. CIT (1991) 189 ITR 285 (SC) observed:- “ We have pointed out earlier that Kalyanji Mavji [1976] 102 ITR 287 (SC) outlines four situations in which action under section 34(1)(b) can be validly initiated. Indian and Eastern Newspaper Society's case [1979] 119 ITR 996 (SC) has only indicated that proposition (2) outlined in this case and extracted earlier may ha…

Commissioner of Income Tax Del vs. Indian Sugar & Gen.Indu.Ex.Imp

…ITA Nos. 645/2005, 742/2005, 796/2005, 817/2005, 794/2005, 71/2011, 1166/2011 & 1168/2011. Page 1 of 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA Nos. 645/2005, 742/2005, 796/2005, 817/2005 & 794/2006 % Date of Decision : January 30th 2012. COMMISSIONER OF INCOME TAX DEL ..... Appellant Through : Mr. Sanjeev Sabharwal, Adv. versus INDIAN SUGAR & GEN. INDUSTRY EXPORT IMPORT …….Respondent Through: Dr. C.S.Aggarwal, Sr. Adv. with Mr. Prakash Kumar, Adv. AND + ITA Nos.71/2011, 1166/2011 & 1…