ACIT v. Bharti Axa Life Insurance Co. Ltd.

128 Taxmann.com 23Income Tax Appellate Tribunal2021#8624 most cited

What is ACIT v. Bharti Axa Life Insurance Co. Ltd. authority for?

Reopening an assessment without providing the assessee with the sanction obtained under section 151 of the Income Tax Act, despite a written request, violates principles of natural justice and can be fatal to the reopening.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2021 to 2026.

Also referred to as

ACIT v. Bharti Axa Life Insurance Co. Ltd · section 151 · sanction for reopening · principles of natural justice · mechanical approval · competent authority · reasons recorded · Mumbai Tribunal

Also reported as

189 ITD 450

Sections most often in play

Section 1961Section 143(3)Section 147Section 148Section 151Section 143(2)Section 1963Section 33 of the Income-tax Act

Issues it is cited on

section 147(b)section 148(2)sanctioning authoritysection 151(1)section 151(2)beyond four yearssection 2(22)section 33deemed dividendsection 2(22)(e)beneficial ownersection 34

Judgments citing ACIT v. Bharti Axa Life Insurance Co. Ltd.

Ashok Kumar, Merrut vs. ITO, Meeut

In the result, the appeal of the assessee is partly allowed as indicated above

ITA 5090/DEL/2025[2011-12]Status: DisposedITAT Delhi17 Feb 2026AY 2011-12

Bench: Shri C.N. Prasadassessment Year 2011-12 Asok Kumar S/O Sher Singh Vs. Ito 24, Nagli, Azamabad Ward -1 (1) Meerut -250001 Meerut Pan No.Blapk3060J Appellant Respondent Appellant Sh. Manish Kumar, Advocate Respondent Sh. Manoj Kumar, Sr. Dr

Section 142Section 148

…that satisfaction of one authority cannot be substitute by satisfaction another authority. The Ld. Counsel for the assessee also placed reliance on the decision of the Mumbai Bench of the Tribunal in the case of ACIT Vs. Bharti Axa Life Insurance Company Ltd. 189 ITD 450. 8. Heard rival submissions perused the orders of the authorities below. Coming to the additional grounds raised by the assessee we find that sanction u/s.151 was granted by both Addl. Commissioner of Income Tax as well as PCIT which is as under :- 9. It is the contention of the assessee that both the authorities as well as PICT granted sanction,…

ITO, New Delhi vs. M/S. Antriksh Growth Fund Ltd., New Delhi

In the result, the cross objection filed by the assessee is

ITA 397/DEL/2016[2006-07]Status: DisposedITAT Delhi27 Jun 2025AY 2006-07

Bench: Shri Challa Nagendra Prasad & Shri M Balaganeshआ.अ.सं/.I.T.A No.397/Del/2016 िनधा"रणवष"/Assessment Years:2006-07 बनाम Ito, M/S Antriksh Growth Fund Ltd., Ward-2(4), Vs. Ap09, Shalimar Bagh, Room No.398A, 3Rd Floor, New Delhi. Central Revenue Building, I.P. Estate, New Delhi. Pan No.Aacca3522C अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No.155/Del/2019 (Arising Out Of I.T.A No.397/Del/2016) िनधा"रणवष"/Assessment Years:2006-07 बनाम M/S Antriksh Growth Fund Ltd., Ito, Ap09, Shalimar Bagh, Vs. Ward-2(4), Room No.398A, 3Rd Floor, New Delhi. Central Revenue Building, I.P. Estate, Pan No.Aacca3522C New Delhi. अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 151Section 263Section 292BSection 68

…ITA No.397/Del/2016 & CO No.155/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI M BALAGANESH, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No.397/Del/2016 िनधा"रणवष"/Assessment Years:2006-07 बनाम ITO, M/s Antriksh Growth Fund Ltd., Ward-2(4), Vs. AP09, Shalimar Bagh, Room No.398A, 3rd Floor, New Delhi. Central Revenue Building, I.P. Estate, New Delhi. PAN No.AACCA3522C अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No.155/Del/2019 (Arising out of I.T.A No.397/Del/2016) िनधा"रणवष"/Assessment Years:2006-07 बनाम M/s Antriksh Growth Fund L…

Income Tax Officer Ward 2(2)(2), Ghaziabad vs. Rajeev Kumar Arora, Ghaziabad

In the result, the appeals of the revenue are dismissed and Rule 27

ITA 698/DEL/2024[2015-16]Status: DisposedITAT Delhi16 Oct 2024AY 2015-16

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Rajesh Khandelwal, CAFor Respondent: Ms. Banita Devi Naorem, CIT DR
Section 143(1)Section 143(2)Section 147Section 148Section 2(22)(e)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA Nos. 622, 641, 698 & 642/Del/2024 (Assessment Years: 2013-14 to 2015-16 and 2017-18) Income Tax Officer, Vs. Rajeev Kumar Arora, Ghaziabad Plot No. 17, Sector-1, Crossing Republic, Near ABES College, Ghaziabad (Appellant) (Respondent) PAN: AFYPA8949P Assessee by : Shri Rajesh Khandelwal, CA Shri Neelhand Kahndelwal, Shri Jaind Kumar Jaiswal, Adv Revenue by: Ms. Banita Devi Naorem, CIT DR Shri Ravi Kant Chaudhary, Sr. DR Date of Hearing 03/10/2024 Date of pronouncement 1…

Income Tax Officer, Ghaziabad vs. Rajeev Kumar Arora, Ghaziabad

In the result, the appeals of the revenue are dismissed and Rule 27

ITA 642/DEL/2024[2017-18]Status: DisposedITAT Delhi16 Oct 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Rajesh Khandelwal, CAFor Respondent: Ms. Banita Devi Naorem, CIT DR
Section 143(1)Section 143(2)Section 147Section 148Section 2(22)(e)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA Nos. 622, 641, 698 & 642/Del/2024 (Assessment Years: 2013-14 to 2015-16 and 2017-18) Income Tax Officer, Vs. Rajeev Kumar Arora, Ghaziabad Plot No. 17, Sector-1, Crossing Republic, Near ABES College, Ghaziabad (Appellant) (Respondent) PAN: AFYPA8949P Assessee by : Shri Rajesh Khandelwal, CA Shri Neelhand Kahndelwal, Shri Jaind Kumar Jaiswal, Adv Revenue by: Ms. Banita Devi Naorem, CIT DR Shri Ravi Kant Chaudhary, Sr. DR Date of Hearing 03/10/2024 Date of pronouncement 1…

Income Tax Officer, Ghaziabad vs. Rajeev Kumar Arora, Ghaziabad

In the result, the appeals of the revenue are dismissed and Rule 27

ITA 641/DEL/2024[2014-15]Status: DisposedITAT Delhi16 Oct 2024AY 2014-15

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Rajesh Khandelwal, CAFor Respondent: Ms. Banita Devi Naorem, CIT DR
Section 143(1)Section 143(2)Section 147Section 148Section 2(22)(e)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA Nos. 622, 641, 698 & 642/Del/2024 (Assessment Years: 2013-14 to 2015-16 and 2017-18) Income Tax Officer, Vs. Rajeev Kumar Arora, Ghaziabad Plot No. 17, Sector-1, Crossing Republic, Near ABES College, Ghaziabad (Appellant) (Respondent) PAN: AFYPA8949P Assessee by : Shri Rajesh Khandelwal, CA Shri Neelhand Kahndelwal, Shri Jaind Kumar Jaiswal, Adv Revenue by: Ms. Banita Devi Naorem, CIT DR Shri Ravi Kant Chaudhary, Sr. DR Date of Hearing 03/10/2024 Date of pronouncement 1…

Income Tax Officer, Ghaziabad vs. Rajeev Kumar Arora, Ghaziabad

In the result, the appeals of the revenue are dismissed and Rule 27

ITA 622/DEL/2024[2013-14]Status: DisposedITAT Delhi16 Oct 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Rajesh Khandelwal, CAFor Respondent: Ms. Banita Devi Naorem, CIT DR
Section 143(1)Section 143(2)Section 147Section 148Section 2(22)(e)

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA Nos. 622, 641, 698 & 642/Del/2024 (Assessment Years: 2013-14 to 2015-16 and 2017-18) Income Tax Officer, Vs. Rajeev Kumar Arora, Ghaziabad Plot No. 17, Sector-1, Crossing Republic, Near ABES College, Ghaziabad (Appellant) (Respondent) PAN: AFYPA8949P Assessee by : Shri Rajesh Khandelwal, CA Shri Neelhand Kahndelwal, Shri Jaind Kumar Jaiswal, Adv Revenue by: Ms. Banita Devi Naorem, CIT DR Shri Ravi Kant Chaudhary, Sr. DR Date of Hearing 03/10/2024 Date of pronouncement 1…

Tanvi Sandeep Mathur, Ahmedabad vs. The DCIT, Circle-7(1), Ahmedabad

In the result, appeal of the assessee is allowed

ITA 20/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2011-12

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleassessment Year: 2011-12

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 148(2)Section 151Section 151(2)Section 54

…be High Court of Bombay in the case of Ghanshyam K Khabrani vs. Assistant Commissioner of Income Tax Circle-1 [2012] 20 taxmann.com 716 (Bom) 3) Hon’ble ITAT Mumbai in the case of ACIT Circle (1)(2), Mumbai vs. Bharti Axa Life Insurance Company Limited (2021) 189 ITD 450 4) Hon’ble ITAT Lucknow in the case of Jai Prakash Ahuja vs. Income Tax Officer-2(2) Kanpur (2015) 152 ITD 592 (Lucknow Trib). 9. As regards ground no.4 related to merit of the case, the Ld. AR submitted that the CIT(A) erred in upholding order of the Assessing Officer in considering LTCG as STCG of Rs.50,77,490/-. During the year under referenc…

G.S. Dream Home LLP, Ajmer vs. DCIT, Central Circle, Ajmer

In the result, the appeal of the assesee is partly allowed

ITA 24/JPR/2024[2020-21]Status: DisposedITAT Jaipur10 Apr 2024AY 2020-21

Bench: SHRI SANDEEP GOSAIN (Judicial Member), Dr. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Ajey Malik, CIT-DR
Section 115BSection 132Section 144Section 153ASection 153CSection 69A

…time of assessment u/s 143(3), impugned notice issued u/s 148 after the expiry of four years from the end of the relevant assessment year on the basis of a subsequent judgment was not sustainable in law. ACIT Vs. Bharti Axa Life Insurance Company Ltd. (2021) 189 ITD 450 (Mum.) (Trib.) Where reasons communicated to assessee for reopening assessment were incomplete and nowhere in reasons recorded failure on part of assessee to furnish full and true information necessary for purpose of assessment was mentioned, entire reassessment proceedings being void ab initio were to be set aside. The Ld. CIT(A) has not decided…

Mousami Choudhury, Varanasi vs. Dy. CIT, Range - 02, Varanasi

In the result , the appeal filed the assessee in ITA No

ITA 214/VNS/2019[2009-2010]Status: DisposedITAT Varanasi28 Dec 2022AY 2009-2010

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.ArvindShukla, Adv. & Sh. AsimZafar, AdvFor Respondent: ShriA.K. Singh, Sr.DR
Section 143(2)Section 144Section 144rSection 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI (Through Virtual Hearing) BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA Nos. 213 & 214/VNS/2019 Assessment Years: 2010-11 & 2009-10 Smt. Mousami Choudhury, The Deputy Commissioner of House No. 11/107-ZA, v. Income Tax, Village-Ranipur, Range-2, District-Varanasi-273001, U.P. Varanasi, U.P. PAN:AJMPC1033E (Appellant) (Respondent) Assesseeby: Sh.ArvindShukla, Adv. & Sh. AsimZafar, Adv. Revenue by: ShriA.K. Singh, Sr.DR Date of hearing: 03.11.2022 Date of pronouncement: 28.12.2022 O R D E R PER SHRI RAMIT KOCHA…

Mousami Choudhury, Varanasi vs. Dy. CIT, Range - 2, Varanasi

In the result , the appeal filed the assessee in ITA No

ITA 213/VNS/2019[201-2011]Status: DisposedITAT Varanasi28 Dec 2022

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.ArvindShukla, Adv. & Sh. AsimZafar, AdvFor Respondent: ShriA.K. Singh, Sr.DR
Section 143(2)Section 144Section 144rSection 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI (Through Virtual Hearing) BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA Nos. 213 & 214/VNS/2019 Assessment Years: 2010-11 & 2009-10 Smt. Mousami Choudhury, The Deputy Commissioner of House No. 11/107-ZA, v. Income Tax, Village-Ranipur, Range-2, District-Varanasi-273001, U.P. Varanasi, U.P. PAN:AJMPC1033E (Appellant) (Respondent) Assesseeby: Sh.ArvindShukla, Adv. & Sh. AsimZafar, Adv. Revenue by: ShriA.K. Singh, Sr.DR Date of hearing: 03.11.2022 Date of pronouncement: 28.12.2022 O R D E R PER SHRI RAMIT KOCHA…

Tata Motors Ltd, Mumbai vs. Asst CIT (Ltu), Mumbai

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

ITA 7543/MUM/2013[2002-03]Status: DisposedITAT Mumbai30 Nov 2022AY 2002-03
Section 143(1)Section 147Section 148

…d record in the reasons that there was a failure on the part of the assessee to make full and true disclosure of facts necessary for assessment would not be required in the instant case. Other than this aspect, the decision rendered by this Mumbai Tribunal in 189 ITD 450 supra would be applicable to the facts of the instant case as is evident from the para reproduced hereinabove. 3.6. Yet another legal proposition had arose in the instant case as is very much evident from the extract of the reasons furnished to the assessee is that the reopening in the instant case has been made only to make M/s. Tata Motors Ltd…

Asst CIT Ltu, Mumbai vs. The Tata Finance Ltd, Mumbai

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

ITA 7359/MUM/2013[2002-03]Status: DisposedITAT Mumbai30 Nov 2022AY 2002-03
Section 143(1)Section 147Section 148

…d record in the reasons that there was a failure on the part of the assessee to make full and true disclosure of facts necessary for assessment would not be required in the instant case. Other than this aspect, the decision rendered by this Mumbai Tribunal in 189 ITD 450 supra would be applicable to the facts of the instant case as is evident from the para reproduced hereinabove. 3.6. Yet another legal proposition had arose in the instant case as is very much evident from the extract of the reasons furnished to the assessee is that the reopening in the instant case has been made only to make M/s. Tata Motors Ltd…

Treta E Technologies Company Pvt Ltd, Gurgaon vs. ACIT Circle-25(2), New Delhi

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

ITA 9734/DEL/2019[2010-11]Status: DisposedITAT Delhi24 Sept 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Vijay Pal Raoआ.अ.सं/.I.T.A No.9734/Del/2019 िनधा"रणवष"/Assessment Year:2010-11 बनाम Treta E Technologies Company Pvt. Ltd. Acit Ca M.R. Sahu, M Sahu & Associates, Ca Vs. Circle 25(2) H.No. 651, Ff, Sector-10A, Room No. 196A, Near Meenakshi Public School, C.R. Building, Gurgaon, Haryana. New Delhi. Pan No. Aadct1733B अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 148Section 151

…Treta E Technologies Company Pvt. Ltd. Vs. ACIT./ I.T.A.No.9734/Del/2019/A.Y.2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER आ.अ.सं/.I.T.A No.9734/Del/2019 िनधा"रणवष"/Assessment Year:2010-11 बनाम Treta E Technologies Company Pvt. Ltd. ACIT CA M.R. Sahu, M Sahu & Associates, CA Vs. Circle 25(2) H.No. 651, FF, Sector-10A, Room No. 196A, Near Meenakshi Public School, C.R. Building, Gurgaon, Haryana. New Delhi. PAN No. AADCT1733B अपीलाथ" Appellant ""यथ"/Respondent Assessee by Shri M.R. Sahu, CA Revenue by Shri…

ACIT v. Bharti Axa Life Insurance Co. Ltd. (128 Taxmann.com 23) — Cited in 13 Judgments | BharatTax