Assam Company (I) Ltd. v. CIT

256 ITR 423High Court2002#1789 most cited

What is Assam Company (I) Ltd. v. CIT authority for?

Appellate authorities can admit additional legal grounds of appeal if they go to the root of the matter and do not require fresh investigation of facts. The assessing officer has a duty to correctly determine the taxable income according to law.

63

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Assam Company (I) Ltd v CIT · 256 ITR 423 · Gauhati High Court · admission of additional legal grounds · appellate authority powers · grounds going to root of matter · duty to compute correct income · assessment procedure · NTPC Ltd v CIT

Sections most often in play

Section 143(3)Section 147Section 132(4)Section 133(6)Section 37(1)Section 69ASection 143(2)Section 148

Issues it is cited on

gaarsection 65(b)section 181section 194qsection 193section 65b(4)section 158bb(1)retraction of statementsection 55(2)section 139(9)section 49section 158bb

Judgments citing Assam Company (I) Ltd. v. CIT

Sakun Gems, Mumbai vs. ITO 19(3)(2), Mumbai

In the result, both the appeals of the assessee for the A

ITA 3432/MUM/2018[2011-12]Status: DisposedITAT Mumbai25 Sept 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Uttam Chand BothraFor Respondent: Shri Ajay Kumar Ojha
Section 143(2)Section 143(3)Section 145(3)Section 148Section 292B

…could have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance, in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to be fairl…

Sakun Gems, Mumbai vs. ITO 19(3)(2), Mumbai

In the result, both the appeals of the assessee for the A

ITA 3431/MUM/2018[2008-09]Status: DisposedITAT Mumbai25 Sept 2019AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Uttam Chand BothraFor Respondent: Shri Ajay Kumar Ojha
Section 143(2)Section 143(3)Section 145(3)Section 148Section 292B

…could have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance, in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to be fairl…

Shri Ramesh Chandra Pathak, Kanpur vs. Income Tax Officer- 4(1), Kanpur

In the result, the appeal of the assessee is allowed

ITA 361/LKW/2018[2013-14]Status: DisposedITAT Lucknow19 Jul 2019AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2013-2014

Section 27(1)(c)Section 271(1)(c)Section 274

…from the facts on record therefore, the same should be admitted. Reliance in this respect was placed on the judgment of Hon'ble Supreme Court in the case of NTPC Limited vs. CIT 229 ITR 383 (SC) and also Gauhati High Court in the case of Assam Co. India Ltd. 256 ITR 423. The additional ground of appeal taken by the assessee reads as under: “Because charge being not specific for initiation of penalty in the notice issued u/s 274 read with section 271(1)(c) of I.T. Act, the penalty imposed is bad in law and be quashed.” I.T.A. No.361/Lkw/2018 Assessment Year:2013-14 3 2.1 Learned D. R. had no objection to the a…

Ajay Sharma, New Delhi vs. DCIT, Ghaziabad

In the result, the appeal of the Assessee is allowed

ITA 3555/DEL/2015[2011-12]Status: DisposedITAT Delhi05 Mar 2019AY 2011-12

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri Sanjay Goyal, CIT-D.R
Section 132Section 139Section 142(1)Section 143(2)Section 143(3)Section 153A

…additional ground of appeal for the purpose of disposal of the appeal. We rely upon decision of Hon’ble Supreme Court in the case of NTPC 229 ITR 383 (SC). We also rely upon the decision of Hon’ble Gauhati High Court in the case of Assam Company India Limited 256 ITR 423 (Gau.) in which it was held that “the Tribunal may consider any new ground if facts are available on record.” The additional ground is, therefore, admitted for deciding the appeal. 8 ITA.No.3555/Del./2015 Shri Ajay Sharma, Ghaziabad. 6.1. It is not in dispute that search was conducted in the case of the assessee and others on 11th October, 2010,…

ITO, Ward-5(4) vs. Modern Home Care Products Ltd

In the result, appeal of the revenue is dismissed

ITA 2595/DEL/2002[1998-1999]Status: DisposedITAT Delhi13 Nov 2018AY 1998-1999

Bench: Shri Amit Shukla & Shri Prashant Maharishiito, Vs. M/S. Modern Home Care Ward-5(4), Products Ltd, New Delhi 4, Community Centre, New Friends Colony, New Delhi (Appellant) (Respondent)

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Ms. Shefali Swaroop, CIT DR
Section 115JSection 55

…on by the appellant in appeal. In fact, the courts in certain decisions also held that the respondent can raise new grounds/plea even if there is no formal memorandum of cross objection filed by the respondent. He vehemently relied on 83 ITR 223, 234 ITR 663, 256 ITR 423 and 102 ITD 189. He therefore submitted that the cross objection filed by the respondent is Pari material to an appeal filed by the appellant and therefore the rights available to an appellant in an appeal before the tribunal are equally available to a respondent in the cross objections without any fetters. 20. We have carefully considered the ri…

Seth Industries P Ltd, Mumbai vs. ITO 2(3)(2)

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2279/MUM/2015[2011-12]Status: DisposedITAT Mumbai18 May 2018AY 2011-12

Bench: Shri Saktijitdey & Shrirajesh Kumaracit (Osd)-2(3) M/S. Seth Industries P. Ltd. Room No. 556, 5Th Floor 14/15, Ashoka Shopping Vs. Aayakar Bhavan, M.K. Road Centre, 2Nd Floor, L.T. Marg Mumbai 400020 Mumbai 400001 Pan –Aaecs9189D Appellant Respondent M/S. Seth Industries P. Ltd. Income Tax Officer-2(3)(2) 14/15, Ashoka Shopping Mumbai Vs. Centre, 2Nd Floor, L.T. Marg Mumbai 400001 Pan –Aaecs9189D Appellant Respondent

For Appellant: Shri Salil Kapoor &For Respondent: Ms. Pooja Swaroop
Section 133(6)Section 147Section 2(47)(b)Section 50(1)

…aise the issue in support of the order of the learned CIT(A) as per the provision contained in Rule 27 of the Income Tax Appellate Rules, 1963. In support of such contention he relied upon the following decisions: - 1. Assam Company (India) Ltd. vs.CIT(2002) 256 ITR 423 Gauhati 7. We have considered rival contentions and pursed the material on record. We have also applied our mind to the decisions relied upon. The basic issue arising for consideration before us are twofold. Firstly, whether the gain from the immovable property sold by the assessee is to be treated as long term capital gain or short term capital…

ACIT (Psd) 2(3), Mumbai vs. Seth Industries Ltd, Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 4094/MUM/2013[2009-10]Status: DisposedITAT Mumbai18 May 2018AY 2009-10

Bench: Shri Saktijitdey & Shrirajesh Kumaracit (Osd)-2(3) M/S. Seth Industries P. Ltd. Room No. 556, 5Th Floor 14/15, Ashoka Shopping Vs. Aayakar Bhavan, M.K. Road Centre, 2Nd Floor, L.T. Marg Mumbai 400020 Mumbai 400001 Pan –Aaecs9189D Appellant Respondent M/S. Seth Industries P. Ltd. Income Tax Officer-2(3)(2) 14/15, Ashoka Shopping Mumbai Vs. Centre, 2Nd Floor, L.T. Marg Mumbai 400001 Pan –Aaecs9189D Appellant Respondent

For Appellant: Shri Salil Kapoor &For Respondent: Ms. Pooja Swaroop
Section 133(6)Section 147Section 2(47)(b)Section 50(1)

…aise the issue in support of the order of the learned CIT(A) as per the provision contained in Rule 27 of the Income Tax Appellate Rules, 1963. In support of such contention he relied upon the following decisions: - 1. Assam Company (India) Ltd. vs.CIT(2002) 256 ITR 423 Gauhati 7. We have considered rival contentions and pursed the material on record. We have also applied our mind to the decisions relied upon. The basic issue arising for consideration before us are twofold. Firstly, whether the gain from the immovable property sold by the assessee is to be treated as long term capital gain or short term capital…

Oricon Enterprises Ltd, Mumbai vs. ACIT Cen Cir 3(3), Mumbai

ITA 2913/MUM/2015[2007-08]Status: DisposedITAT Mumbai16 May 2018AY 2007-08

Bench: S/Sh. Rajendra & Pawan Singh

For Appellant: Shri Arvind SondeFor Respondent: Shri Manjunath Swamy-CIT-DR
Section 14Section 148Section 254(1)Section 36(1)(v)Section 40A(7)Section 43Section 43B

…ot a correct proposition. It is well settled that there is no estoppel against law….” Finally,the court allowed the writ petition and it also held that there was violation or principle of natural justice. 5.5.b.Next is the matter of Assam Company (India) Ltd.(256 ITR 423),wherein the Hon’ble Gauhati High Court has also deliberated upon the issue of estopple.In that matter the assessee had filed its return of income on 30/07/1982, declaring an income of Rs. 51,81,550B/-for the AY. 1982-83.It was engaged in the business of cultivation, manufacture and sale of tea and also derived income from rent,tea made out of th…

Ramesh Salecha HUF, Mumbai vs. ITO 14(2)(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 3312/MUM/2015[2011-12]Status: DisposedITAT Mumbai25 Oct 2017AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri G.P. MehtaFor Respondent: Shri M.C. Omi Ningshen
Section 143(2)Section 143(3)Section 148Section 690

…could have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance, in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to be fairl…

ACIT, Cir-29, Kolkata vs. Prakash Kumar Mohta (HUF), Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 736/KOL/2015[2009-2010]Status: DisposedITAT Kolkata15 Sept 2017AY 2009-2010

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:2009-10

Section 10(32)Section 10(38)Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)

…आयकर अपील"य अधीकरण, "यायपीठ – “B” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “B” KOLKATA Before Shri N.V.Vasudevan, Judicial Member and Shri Waseem Ahmed, Accountant Member Assessment Year:2009-10 ACIT, Circle-29, V/s. Prakash Kumar Mohta Aayakar Bhawvan, (HUF), 7, Ronaldshay Dakshin, 2 Gariahat Road, Kolkata-27 Road, South, Kolkata-68 [PAN No. AADHP 6057 K] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Saurabh Kumar, Addl. CIT-DR अपीलाथ" क" ओर से/By Appellant Shri Raj Kumar Agarwal, FCA ""यथ" क" ओर से/By Respondent 24-08-2017 सुनवाई क" तार"ख/Date of Hearing 15-09-2017 घोषणा क" तार"ख/Date of Pr…

ITO, New Delhi vs. M/S. Multiplex Capital Ltd., New Delhi

In the result, the appeal of the Revenue stands dismissed on merits

ITA 6010/DEL/2013[2007-08]Status: DisposedITAT Delhi02 Mar 2016AY 2007-08

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

For Appellant: Shri P. DAM Kanunjna, Sr. DRFor Respondent: Shri Ajay Wadhwa, Adv
Section 115JSection 271(1)(c)Section 275(1)(a)Section 88E

…him. 10. The ld. AR has placed reliance on the following judgments for invoking the provisions of Rule 27 of the Rules: i) B.R. Bamasi Vs. CIT [972] 63 ITR 223 [Bom] ii) Marolia & Sons Vs. CIT [1981] 129 ITR 475 [All] iii) Assam Co. India Ltd Vs. CIT [2002] 256 ITR 423 [Raj] iv) Dahod Shahakari Kharib Bechan Sangh Vs. CIT [2005] 149 Taxman 456 [Guj] v) CIT Vs Cochin Refinery Ltd [1996] 220 ITR 398 [Ker] vi) ITO Vs. Smt. Gurinder Kaur 102 ITD 189 [Del-Trib] Firstly, we may point out that the ITAT Delhi in the case of ITO Vs. Smt. Gurinder Kaur after referring to the proposition laid down by various Hon'ble High…

ITO 9(2)(3), Mumbai vs. Next Services Healthcare Sourcing Solutions P.Ltd, Mumbai

In the result, the appeal of the Revenue is partly allowed for statistical purpose

ITA 6526/MUM/2012[2009-10]Status: DisposedITAT Mumbai20 Jan 2016AY 2009-10

Bench: Shri Amit Shukla & Shri Rajesh Kumar: (Assessment Year : 2009-10)

For Appellant: Shri Naveen Gupta (DR)For Respondent: Shri Anuj Kisnadwala
Section 10ASection 10BSection 14Section 143(3)

…this view has been laid down by the Hon’ble Supreme Court in the case of National Thermal Power Co. Ltd. reported in 229 ITR 383 which has further explained and reiterated by the Hon’ble Gauhati High Court in the case of Assam Company (India) Ltd. reported in 256 ITR 423. The relevant observation of the Hon’ble High Court reads as under : “Whether or not the applicant-company can be permitted to raise that plea only on the ground that it had not preferred any appeal or cross-objection against the order of the Commissioner of Income-tax (Appeals) is the question which now engages the attention of this court. It n…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/585/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/586/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/580/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/581/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/578/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/579/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/587/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…

Pr. Commissioner of Income Tax -18 vs. Silver Line

ITA/588/2015HC Delhi04 Nov 2015
Section 143(1)Section 143(2)Section 260A

…have been raised by the Assessee during the course of hearing in the ITAT, as long as it did not require any new or disputed facts to be brought on record. Reliance , in this regard, was also placed on the decision in Assam Company (I) Ltd. v. CIT (2002) 256 ITR 423 (Gau). 12. The Court first proposes to consider the question as to whether in terms of the proviso to Section 292BB of the Act, the Assessee was precluded, at the stage of the proceedings before the ITAT, from raising a contention regarding failure of the AO to issue a notice under Section 143(2) of the Act. The legal position appears to…