AMSA India P. Ltd. v. CIT

393 ITR 157High Court2017#14186 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 143(3)Section 147Section 148Section 40A(2)(a)

Issues it is cited on

tangible materialreopening of assessmentreassessment proceedingsappeal before the tribunalsection 148section 147companysection 14section 143(3)indiabusiness

Judgments citing AMSA India P. Ltd. v. CIT

ASHISH KALRA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, the appeal of the assessee for Assessment Year 2008-09 in ITA

ITA 4309/DEL/2019[2009-10]Status: DisposedITAT Delhi14 Oct 2025AY 2009-10

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.4309/Del/2019 (Assessment Year 2009-10) Mr. Ashish Kalra Acit, C-3/313, Mig Flats, Janakpuri, Central Circle-4, New Delhi-110058. Vs. New Delhi. Pan-Aippk0526N (Appellant) (Respondent) Assessee By Shri Tarandeep Singh, Adv. Department By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 16/07/2025 Date Of Pronouncement 14/10/2025 O R D E R Per Manish Agarwal, Am: These Two Appeals Are Filed By The Assessee Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-23, New Delhi [Cit(A), In Short] Dated 28.01.2019 In Appeal No. 159/2016-17 & 3/2017-18 For Asst. Years 2008-09 & 2009-10 Respectively, Both Arising Out Of Order Passed U/S 147 R.W.S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’). 2. Since, Both The Appeals Are Having Identical Issues, Therefore, They Are Adjudicated By A Common Order. First We Take Up The Appeal For Assessment Year 2008-09 In Ita No.4308/Del/2019. Ashish Kalra Vs. Acit

Section 139(1)Section 147Section 148Section 153CSection 251

…ed Electric Co. 258 ITR 317(Del) copy at pages 354 to 361 of PB relevant at pages 358 to 360 of PB. In this case to the statement forming basis of reopening was too general not naming the assessee (refer page 360 of PB, paras E & F).  Amsa India Pvt. Limited 393 ITR 157(Del) copy enclosed at pages 362 to 366 of PB relevant at pages 365 and 366, para 5.  Atul Jain 212 CTR 42(Del) copy at pages 369 to 371 of PB relevant at pages 370 and 371, para 17. 2. Therefore, before issuing notice u/s 148 dated 02-03-2015 the AO should have conducted more enquiry/investigation for formation of a belief that information depic…

ASHISH KALRA,NEW DELHI vs. ACIT, CENTRAL CIRCLE-4, NEW DELHI

In the result, the appeal of the assessee for Assessment Year 2008-09 in ITA

ITA 4308/DEL/2019[2008-09]Status: DisposedITAT Delhi14 Oct 2025AY 2008-09

Bench: Shri Vikas Awasthy & Shri Manish Agarwalita No.4309/Del/2019 (Assessment Year 2009-10) Mr. Ashish Kalra Acit, C-3/313, Mig Flats, Janakpuri, Central Circle-4, New Delhi-110058. Vs. New Delhi. Pan-Aippk0526N (Appellant) (Respondent) Assessee By Shri Tarandeep Singh, Adv. Department By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 16/07/2025 Date Of Pronouncement 14/10/2025 O R D E R Per Manish Agarwal, Am: These Two Appeals Are Filed By The Assessee Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-23, New Delhi [Cit(A), In Short] Dated 28.01.2019 In Appeal No. 159/2016-17 & 3/2017-18 For Asst. Years 2008-09 & 2009-10 Respectively, Both Arising Out Of Order Passed U/S 147 R.W.S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’). 2. Since, Both The Appeals Are Having Identical Issues, Therefore, They Are Adjudicated By A Common Order. First We Take Up The Appeal For Assessment Year 2008-09 In Ita No.4308/Del/2019. Ashish Kalra Vs. Acit

Section 139(1)Section 147Section 148Section 153CSection 251

…ed Electric Co. 258 ITR 317(Del) copy at pages 354 to 361 of PB relevant at pages 358 to 360 of PB. In this case to the statement forming basis of reopening was too general not naming the assessee (refer page 360 of PB, paras E & F).  Amsa India Pvt. Limited 393 ITR 157(Del) copy enclosed at pages 362 to 366 of PB relevant at pages 365 and 366, para 5.  Atul Jain 212 CTR 42(Del) copy at pages 369 to 371 of PB relevant at pages 370 and 371, para 17. 2. Therefore, before issuing notice u/s 148 dated 02-03-2015 the AO should have conducted more enquiry/investigation for formation of a belief that information depic…

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, the appeal of the revenue stands dismissed as above

ITA 3130/DEL/2011[2003-04]Status: DisposedITAT Delhi30 May 2025AY 2003-04

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 143(3)Section 147Section 148

…ssment. Hence, the Ld. Counsel argued that the reopening was bad in law. Reliance was placed upon the following decisions:  ACTT vs. Dhariya Construction Co. 328 TER 515 (NC)  Chhugamal Rajpal vs S.P. Chaliha: 79 ITR 603 (SC)  Amsa India Pvt. Ltd. vs CTT: 393 ITR 157 (Del HC) Sahara One Media & Entertainment. Ltd. 6.7 The Ld. Counsel contended that the AO had not applied his mind to the information received from the Investigation wing before reopening the assessment as evident from the reason for reopening the assessment. Our attention was invited to the decision of the Hon’ble Supreme Court in the case of AC…

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, GUNTUR vs. PARUCHURU SATISH KUMAR(HUF), GUNTUR

In the result, appeals filed by the Revenue and the cross objections filed by the assessee are dismissed

ITA 699/VIZ/2019[2016-17]Status: DisposedITAT Visakhapatnam23 Nov 2020AY 2016-17

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri M.V. Prasad, CAFor Respondent: Shri D.K.Sonawal, CIT DR
Section 131Section 132Section 132(4)

…the Assessee has concealed the income which was earthed during search proceedings. There is no information with the department also that particular income has been escaped for which Notice U/s 148 is warranted. In the case of AMSA India P. Ltd. v. CIT (2017) 393 ITR 157/ 82 taxmann.com 29 (Delhi)( HC) the Court held that the statement of third person not having live link assessee's suspected income, the reassessment was held to be bad in law. The material should have a live link with the assessee's suspected income or non-disclosure of a material fact. That kind of live link was absent. Therefore the notice unde…

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, , GUNTUR vs. PARUCHURU SATISH KUMAR(HUF), GUNTUR

In the result, appeals filed by the Revenue and the cross objections filed by the assessee are dismissed

ITA 698/VIZ/2019[2015-16]Status: DisposedITAT Visakhapatnam23 Nov 2020AY 2015-16

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri M.V. Prasad, CAFor Respondent: Shri D.K.Sonawal, CIT DR
Section 131Section 132Section 132(4)

…the Assessee has concealed the income which was earthed during search proceedings. There is no information with the department also that particular income has been escaped for which Notice U/s 148 is warranted. In the case of AMSA India P. Ltd. v. CIT (2017) 393 ITR 157/ 82 taxmann.com 29 (Delhi)( HC) the Court held that the statement of third person not having live link assessee's suspected income, the reassessment was held to be bad in law. The material should have a live link with the assessee's suspected income or non-disclosure of a material fact. That kind of live link was absent. Therefore the notice unde…

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

…20.5.2013 28. 303 ITR 155 (Del.) CIT vs. Indian Sugar and Gen. Ind. Ex dated 30.07.2007 29. 319 ITR 221 (Del) Shipra Srivastava v CIT 30. 35 taxmann.com 215 (Del) CIT vs. Supreme Polypropolene (P.) Ltd. dated 26.04.2013 (introduction of share capital) 31. 393 ITR 157 (Del) Amsa India (P) Ltd. v. CIT 32. 375 ITR 460 (Del) Krown Agro Foods (P) Ltd. v. ACIT. 33. 378 ITR 421 (Del) Oriental Insurance Co. v. CIT 34. 382 ITR 443 (Del) Rustagi Engineering Ldyog(P)Ltd. v. DCIT 35. 386 ITR 545 (Del) Agya Ram v. CIT 36. ITA No. 108/2015 dated 19.11.2015 (Del) CIT v. Independent Media (P) Ltd. 37. 395 ITR 255 Rajiv Agarw…

GORIKA INVESTMENT AND EXPORTS PVT. LTD.,NEW DELHI vs. ITO, WARD- 10(2), NEW DELHI

In the result, appeal of the assessee is allowed

ITA 3396/DEL/2018[2009-10]Status: DisposedITAT Delhi13 Jun 2018AY 2009-10

Bench: Sh. N. K. Sainiita No. 3396/Del/2018 : Asstt. Year : 2009-10 M/S Gorika Investment & Vs Income Tax Officer, Exports (P) Ltd., 531Sg Ward-10(2), Complex, Dc Chowk Market, New Delhi Sector-9, Rohini, Delhi-110085 (Appellant) (Respondent) Pan No. Aaacg2462K Assessee By : Sh. Gautam Jain, Adv., Sh. Piyush Kumar Kamal, Adv. & Sh. Lalit Mohan, Ca Revenue By : Sh. B. R. Mishra, Sr. Dr Date Of Hearing : 04.06.2018 Date Of Pronouncement : 13.06.2018 Order This Is An Appeal By The Assessee Against The Order Dated 15.02.2018 Of Ld. Cit(A)-35, New Delhi.

For Appellant: Sh. Gautam Jain, AdvFor Respondent: Sh. B. R. Mishra, Sr. DR
Section 147Section 234Section 68Section 69C

…s ITO in ITA No. 4908/Del/2012 order dated 31.03.2015 " Banke Bihari Properties (P) Ltd. Vs ITO in ITA No. 5128/Del/2015 order dated 22.04.2016 " R.K. Garg Developers (P) Ltd. Vs ITO in ITA No. 6558/Del/2014 order dated 31.08.2016 " Amsa India (P) Ltd. Vs CIT 393 ITR 157 (Del.) " Pr. CIT Vs Meenakshi Overseas (P) Ltd. Vs ITO 395 ITR 677 (Del.) " CIT Vs RMG Plyvinyl (I) Ltd. 396 ITR 5 (Del.) " R.P. Foam Home (P) Ltd. Vs ITO in WP(C) 7601/2017 dated 29.08.2017 " Sabh Infrastructure Ltd. Vs ACIT 398 ITR 198 " CIT Vs M/s Jet Speed Audio (P) Ltd. 372 ITR 762 (Bom.) " M/s M. S. Software (P) Ltd. Vs ITO in ITA No. 2708/…