Ashoka Buildcon Ltd. v. ACIT

325 ITR 574High Court2010#4740 most cited

What is Ashoka Buildcon Ltd. v. ACIT authority for?

The limitation period for revising an assessment order under section 263 begins from the date of the original assessment order, even if reassessment proceedings were initiated on different grounds.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Also referred to as

Ashoka Buildcon Ltd. · ACIT · 325 ITR 574 · section 263 · section 147 · section 143(3) · revision limitation · original assessment order · reassessment · period of limitation

Sections most often in play

Section 115JBSection 143(2)Section 143(3)Section 144BSection 144CSection 147Section 14ASection 151

Issues it is cited on

section 263(2)section 72asection 147(b)doctrine of mergersection 72section 147(a)section 148(2)section 34(1)revision under section 263section 22section 34income escaping assessment

Judgments citing Ashoka Buildcon Ltd. v. ACIT

Konark Structural Engg Private Limited, Mumbai vs. Principal Commissioner of Income Tax-12, Mumbai

In the result, the appeal of assessee is allowed

ITA 5488/MUM/2017[2009-10]Status: DisposedITAT Mumbai25 May 2018AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri Manoj Kumar Aggarwal, Am

For Appellant: Revenue by B Sriniwas, DR
Section 143(3)Section 147Section 148Section 263

…y High Court in the case of CIT vs. ICICI Bank Ltd. (2012) 343 ITR 74 (Bom.) considering the decision of Hon’ble Supreme Court in the case of Alagendran Finance Ltd. and also the decision of Bombay High Court in the case of Ashoka Buildcon Ltd vs. ACIT (2010) 325 ITR 574 (Bom.) has considered this exactly identical issue and held that the limitation period of two years under section 263 for revision of assessment starts from the end of the financial year in which the order sought to be revised was passed and in that case the Hon’ble High Court held that where jurisdiction under section 263(1) of the Act is sought…

Sarda Mines Pvt. Limited, Kolkata vs. DCIT, Circle-05(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 867/KOL/2017[2007-08]Status: DisposedITAT Kolkata14 Dec 2017AY 2007-08

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred In Holding That The Order Of Assessment Is Erroneous & Prejudicial To The Interest Of Revenue.

Section 263Section 35A

…ntion, he relied on the decision of Hon’ble Supreme Court in the case of CIT vs Alagendran Finance Ltd. (supra), Hon’ble Mumbai High Court in the case of Ashoka Buildcon 25 I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd. Ltd. vs CIT 325 ITR 574 and the Hyderabad Bench of this Tribunal in the case of Louis Berger Group Inc. vs ADIT (International Taxation) 152 ITD 587. 11. As regards the remaining 4th issue raised by the Ld. Principal CIT in the notice issued under section 263 which was also subject matter of reassessment relating to disallowance on account of operational and incidental…

Aarti Indusries Ltd, Mumbai vs. Pr CIT 15, Mumbai

Appeal of the assessee is allowed

ITA 3048/MUM/2017[2009-10]Status: DisposedITAT Mumbai15 Sept 2017AY 2009-10

Bench: Shri G.S. Pannu & Shri Ravish Sood: A.Y : 2009-10

For Appellant: Shri Vijay MehtaFor Respondent: Shri R.P. Meena, CIT-DR
Section 143(3)Section 143(3)(ii)Section 147Section 148Section 263Section 3Section 80I

…in the original assessment dated 14.1.2013 (supra) and was not a subject matter of reassessment. On this aspect, reliance has also been 5 M/s. Aarti Industries Ltd. placed on the judgment of the Hon'ble Bombay High Court in the case of Ashoka Buildcon Ltd., 325 ITR 574 (Bom). 5. On the other hand, the ld. CIT-DR appearing for the Revenue has primarily defended the order of the Commissioner by placing reliance on the discussion therein. The ld. CIT-DR has reiterated that the claim u/s 80IA has been granted by the Assessing Officer without examining the correctness of the same and that the original assessment or…

Bmel Infra India Ltd., Kolkata vs. CIT-3, Kolkata

In the result the appeal of the assessee is allowed

ITA 385/KOL/2015[2006-2007]Status: DisposedITAT Kolkata03 May 2017AY 2006-2007

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 385/Kol/2015 Assessment Year : 2006-07 Bmel Infra India Ltd. -Vs.- C.I.T.-3, Kolkata Kolkata Kolkata [Pan : Aaccb 6325 N] (Respondent) (Appellant) For The Appellant : Shri Vigyaneshwar Nath Datta, Advocate For The Respondent : Shri Bani Brata Dutta, Addl. Cit.Sr.Dr Date Of Hearing : 12.04.2017. Date Of Pronouncement : 03.05.2017. Order Per N.V.Vasudevan, Jm This Is An Appeal By The Assessee Against The Order Dated 25.03.2015 Of C.I.T.(A)-Kolkata-3, Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Act).

For Appellant: Shri Vigyaneshwar Nath Datta, AdvocateFor Respondent: Shri Bani Brata Dutta, Addl. CIT.Sr.DR
Section 143(1)Section 144Section 263Section 68

…sioner of Income-tax beyond the period of limitation, it was wholly without jurisdiction rendering the entire proceeding a nullity.” 10. Our attention was also drawn to the decision of the Hon’ble Bombay High Court in the case of Ashoka Buildcon Ltd. Vs ACIT 325 ITR 574 (Bom) wherein on identical facts the Hon’ble Bombay High Court held that notice u/s 263 of the Act issued on the 6 BMEL Infra India Ltd. A.Yr.2006-07 issues unrelated to grounds on which the assessment was reopened, the period of limitation would start from the original assessment order and not from the reassessment order. Reference was also made…

M/S. Shree Hanuman Sugar & Industries Ltd., Kolkata vs. ACIT, Central Circle-XI, Kolkata

In the result, the appeal of the assessee is allowed

ITA 341/KOL/2010[1998-99]Status: DisposedITAT Kolkata08 Jun 2016AY 1998-99

Bench: : Shri M.Balaganesh & Shri S.S. Viswanethra Ravi

For Appellant: Shri S.K. Tulsiyan, Advocate, Ld.ARFor Respondent: Md. Ghayas Uddin, JCIT, Ld. Sr.DR
Section 115JSection 143(3)Section 154Section 234B

…06-2011 of the ITAT Kolkata, ‘B ‘Bench, Kolkata in the case of Brook Bond Lipton (I) Ltd vs. DCIT, Kolkata Relevant portion of finding is reproduced herein below:- 7.7. And also on Hon'ble Bombay High Court in the case of Ashoka Buildcon Ltd. vs ACIT (2010) 325 ITR 574; 191 Taxman 29 has held as under :- 10. The submission which has been urged on behalf of the Revenue is that when several issues are dealt with in the original order of assessment and only one or more of them are dealt with in the order of reassessment passed after the assessment has been reopened, the remaining issues must be deemed to have been…