Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd.

161 Taxmann 316Supreme Court of India2007#580 most cited

What is Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. authority for?

Reassessment proceedings under Section 147 can be initiated even if only an intimation under Section 143(1) was issued, as such an intimation does not constitute a full assessment. In such cases, the Assessing Officer merely needs to have reason to believe that income has escaped assessment, based on tangible material.

167

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

Asstt. CIT v. Rajesh Jhaveri Stock Brokers · Section 147 · Section 148 · Section 143(1) intimation · Section 143(3) assessment · income escaping assessment · reassessment validity · tangible material · reason to believe · distinction between intimation and assessment

Issues it is cited on

Judgments citing Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd.

Zintec Software Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-17(2), Hyderabad

In the result, appeal filed by the assessee is dismissed

ITA 1690/HYD/2018[2011-12]Status: DisposedITAT Hyderabad17 Aug 2022AY 2011-12

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2011-12 Zintec Software (P) Ltd, Vs. Dy. C.I.T. Hyderabad Circle 17(2) Pan:Aaaczi110H Hyderabad (Appellant) (Respondent) Assessee By: Shri K.C. Devdas, C.A Revenue By: Shri Y.V.S.T. Sai, Cit(Dr) Date Of Hearing: 16/08/2022 Date Of Pronouncement: 17/08/2022 Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 6.6.2018 Of The Learned Cit (A)-5, Hyderabad Relating To A.Y.2011-12. 2. The Legal Grounds Raised By The Assessee Before Us Are As Under: “1. The Learned Commissioner Of Income Tax (Appeals) Failed To Appreciate That The Time Limitation Laid Down Under Section 154(7) Applies Only To Amendment Of Any "Order Passed" Referred To In Section 154(1)(A) & Not To Amendment Of Any Intimation Or Deemed Intimation Under Sub-Section (1) Of Section 143(1) Referred To In Section 154(1) (B) And, Therefore, Erred In Dismissing The Appeal Stating That The Rectification Application Is Beyond The Date Of Limitation. 2. Without Prejudice To Ground No. 1, The Learned Commissioner Of Income Tax (Appeals) Is Not Justified In Not Adjudicating On The Ground Of Page 1 Of 11

For Appellant: Shri K.C. Devdas, C.AFor Respondent: Shri Y.V.S.T. Sai, CIT(DR)
Section 115JSection 116Section 143Section 143(1)Section 143(3)Section 154Section 154(1)Section 154(1)(a)Section 154(7)Section 200A

…of the month in which the application is received by it,— (a) making the amendment; or (b) refusing to allow the claim.] 4. The learned AR further submitted that the Hon'ble Supreme Court in the case of Rajesh Javari Stock Brokers (P) Ltd reported in (2007) 161 Taxmann 316 had categorically culled out the distinction between the intimation and the assessment order by observing as under : 13. One thing further to be noticed is that intimation under section 143(1)(a) is given without prejudice to the provisions of section 143(2). Page 3 of 11 ITA No 1690 of 2018 Zintec Software P Ltd Though technically the inti…