How many judgments cite Aventis Pharma Ltd. v. Asst. CIT?

51 judgments on BharatTax cite Aventis Pharma Ltd. v. Asst. CIT (323 ITR 570), spanning 2016 to 2025.

Which sections of the Income Tax Act does Aventis Pharma Ltd. v. Asst. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 147, Section 148, Section 271(1)(c), Section 127, Section 131.

Aventis Pharma Ltd. v. Asst. CIT

323 ITR 570High Court2010#2244 most cited

What is Aventis Pharma Ltd. v. Asst. CIT authority for?

Reassessment under Section 147 requires fresh tangible material to form a reason to believe that income has escaped assessment. It cannot be initiated on a mere change of opinion, reappraisal of existing records, or as a fishing enquiry.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

Aventis Pharma Ltd. v. ACIT · Section 147 · Section 148 · reassessment · mere change of opinion · fresh tangible material · reason to believe · income escaping assessment · fishing enquiry · reappraisal of records · full and true disclosure · Kelvinator

Sections most often in play

Section 143(3)Section 147 Section 148 Section 271(1)(c)Section 127 Section 131 Section 132 Section 142(1)

Read the full judgment

Issues it is cited on

material facts necessary for assessment first proviso to section 147 kelvinator fresh tangible material mere change of opinion live link full and true disclosure borrowed satisfaction tangible material bogus ltcg escapement of income income escaping assessment

Judgments citing Aventis Pharma Ltd. v. Asst. CIT

Brand India Real Estate Private Limited, Jaipur vs. Income Tax Officer Ward 6(1), Jaipur

In the result, appeal of the assessee is allowed

ITA 514/JPR/2025[2012-2013]Status: DisposedITAT Jaipur29 Sept 2025AY 2012-2013

For Appellant: Shri Siddharth Ranka, Adv. &For Respondent: Shri Dharam Singh Meena, JCIT

Section 132Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

…the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power. Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570 (Bom) (xiii) Other relied upon judgments on this issue: - a) CIT v. Kamdhenu Steel & Alloys Ltd. (2012) 248 CTR 33 (Delhi)(High Court). b) CIT v. Multiplex Trading & Industrial Co Ltd (2015) 128 DTR 217 (Delhi)(HC) c) Pr. CIT v G. Pharma India Ltd.[2017] 384 ITR 147 (Delhi) (H C) d) CIT vs. Insecticides (India) Ltd. (2013) 357 ITR 300 (Del.)(HC)…

Narayan Suppliers Pvt. Ltd., Kolkata vs. I.T.O., Ward - 6(3), Kolkata

In the result, appeal of the assessee is dismissed

ITA 1077/KOL/2024[2011-2012]Status: DisposedITAT Kolkata08 Sept 2025AY 2011-2012

Bench: Shri George Mathan & Shri Rakesh Mishra

For Appellant: Shri Avijit Ghoshal, ARFor Respondent: Shri Raja Sengputa, CIT-DR

Section 10(38)

…part of Assessing Officer that income chargeable to tax had escaped assessment, reassessment was an evidence of a fishing enquiry and not a reasonable belief that income chargeable to tax had escaped assessment Held, yes in Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570.(Bom)(HC). 20. In case of Amar Jewellers Ltd. v. Dy. CIT (2018) 254 Taxman 384 (Guj.) (HC) the Court held: On verifying the record it was found that, there was no nexus with reasons recorded for initiating re-assessment proceedings and the information received by the Assessing Officer from the investigation wing, accordingly, reassessment was hel…

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

…Airlines v. ADIT: [2007] 292 ITR 49 (Del.) CIT v. Feather Foam Enterprises (P) Ltd.: [2008] 296 ITR 342 (Del.) Atma Ram properties Pvt. Ltd v DCIT: [2012] 343 ITR 141 (Del) CIT v. Orient Craft Ltd: [2013] 354 ITR 536 (Del) Aventis Pharma Ltd. v. ACIT: [2010] 323 ITR 570 (Bom) 44. Reliance in this regard is placed on the following decisions of the Delhi High Court wherein the Court has held that when the reasons recorded refers to "perusal of records" or similar observations, it itself indicates that reassessment proceedings are initiated on reappraisal of exiting facts and not on the basis of any new tangible ma…

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Section 143(3)Section 147Section 148Section 154Section 250

Mahendra Sharma, Jaipur vs. ITO, Ward-3(1), Jaipur

In the result, the appeal of the assessee is allowed

ITA 654/JPR/2023[2011-12]Status: DisposedITAT Jaipur25 Mar 2025AY 2011-12

For Appellant: Shri Sarwan Kumar Gupta, AdvFor Respondent: Shri Anup Singh, Addl.CIT

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250Section 68

…the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power. Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570 (Bom). The ld. DR has not stated that what was the sufficient material and not provided the same till date. As per the assessment order and reasons recorded it is clear that the notice has been issued only on the basis of information not on any material and such material has not been disclosed till date. For that we have already submitted in our…

Arun Bhardwaj, Delhi vs. ACIT Circle 1, Jaipur

In the result, appeal of the assessee is allowed

ITA 1190/JPR/2024[2010-2011]Status: DisposedITAT Jaipur08 Jan 2025AY 2010-2011

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

For Appellant: Shri S.L. Jain, Advocate &For Respondent: Shri Gautam Singh Choudhary, JCIT

Section 139(1)Section 147Section 148Section 234ASection 250

…to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is 17 Arun Bhardwaj, Delhi. necessary to ensure against an arbitrary exercise of power. Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570 (Bom) This contention has been also favored by many honorable courts in their landmark judgments as follows; CIT V s. Shree Rajasthan Syntex Ltd. (2009) 313 ITR 231 (Raj) SLP dismissed (2009) 313 ITR (St.) 27 (SC) Sun Pharmaceutical industries lt. V s. Dy. CIT (2016) 287 CTR (Del.) 621. ACIT VsDhariya Construction Co. Purity Tech Textiles PVT.…

Vijay Vinod Duragkar, Nagpur vs. Income Tax Officer Ward 4(4), Nagpur

In the result, appeal filed by the assessee is partly allowed

ITA 339/NAG/2023[2015-16]Status: DisposedITAT Nagpur18 Nov 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe

Section 148Section 56(2)(vii)Section 69

…ssessment within four years General allegation No violation of provisions of S.11(3)(d)-Reassessment is bad in law: Areez Khambatta Benevolent Trust v. DCIT (2019) 415 ITR 70 (Guj.)(HC) IV POWER IS NOT AKIN TO REVIEW: 4.1 In Aventis Pharma Ltd. v. ACIT (2010) 323 ITR 570 (Bom.) (HC). The court observed that the power to reopen an assessment is conditional on the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power.” 12. The learned Counsel for the a…

ITO, Ward- 4, Rohtak vs. Stratagem Stock Broker Pvt. Ltd., Rohtak

In the result, the appeal filed by the Revenue is dismissed

ITA 7482/DEL/2017[2009-10]Status: DisposedITAT Delhi18 Oct 2024AY 2009-10

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek, Judicialmember Ito, Ward 4, Vs. M/S. Stratagem Stock Broker Pvt. Ltd., Rohtak. H.No.122/8, Shivaji Colony, Rohtak (Haryana). (Pan: Aakcs2610R) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Lalit Mohan, Ca Shri Parth Singhal, Advocate Revenue By : Shri Vivek K. Upadhyay, Sr. Dr. Date Of Hearing : 29.08.2024 Date Of Order : 18.10.2024 O R D E R Per S. Rifaur Rahman, Am : 1. This Appeal Is Filed By The Revenue Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Rohtak [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 10.10.2017 For The Assessment Year 2009-10. 2. Brief Facts Of The Case Are, Assessee Filed Its Original Return Of Income On 18.08.2009 Declaring An Income Of Rs.1,17,770/-. The Return Was Processed

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri Vivek K. Upadhyay, Sr. DR

Section 143Section 143(2)Section 143(3)Section 148

…ink having reason to believe that income has escaped assessment. The AO was also required to examine whether the cash deposits were disclosed in the return of income' to form an opinion that income has escaped assessment. In Aventis Pharma Ltd. v. ACIT (2010) 323 ITR 570 (Born.) it was held that the power to reopen an assessment is conditional on the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power. Hon'ble ITAT Delhi, in Banke Bihar Properties P…

Prabhati Devi, Dausa vs. ITO Ward Dausa, Dausa

ITA 1031/JPR/2024[2011-12]Status: HeardITAT Jaipur01 Oct 2024AY 2011-12

For Appellant: Shri Sarwan Kumar Gupta, Advocate &For Respondent: Shri Gautam Singh Chaudhary, JCIT D/R

Section 144Section 147Section 148Section 234ASection 250

…the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power. Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570 (Bom). In the matter of Varshaben Sanatbhai Patel v. ITO (2016) 282 CTR 75 (Guj.)(HC) Hon'ble Gujarat High court held that:- “S. 147 : Reassessment – Within four years – The basis of formation of belief by the AO that income liable to tax has escaped assessment must form part of reasons recorded by him – AO could not initiate reassessment proceed…

Dy. Commissioner of Income Tax Circle - 3(3)(1), Mumbai vs. Small Industries Development Bank of India, Mumbai

In the result, the appeal is dismissed

ITA 2892/MUM/2023[2016-17]Status: DisposedITAT Mumbai30 Sept 2024AY 2016-17

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2016-17 Dy. Commissioner Of M/S. Small Industries Income Tax Circle- Development Bank Of 3(3)(1) India Room No. 609, Sme Development Centre, Aaykar Bhavan, C-11, G- Block, Vs. M. K. Road, Bandra Kurla Complex, Churchgate, Bandra (East), Mumbai- 400020. Pan: Aabcs3480N (Appellant) (Respondent)

For Appellant: Shri Rakesh Joshi, A.RFor Respondent: Dr. Kishor Dhule- CIT D.R

Section 143(3)Section 147Section 148Section 250Section 36Section 36(1)Section 36(1)(viia)Section 36(1)(viii)

…ment Bank Of India.; A. Y.2016-17 Officer or it is a case of change of opinion, which is not permissible in law. For this proposition the assessee relies on the jurisdictional High Court of Bombay order in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), wherein the Hon'ble Court held as under: - "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the Assessing Officer on the basis of which the assessment could have been reopened and what is sought to be done is to propose a re-assessment on the basis of a mere change…

Lovely Promoters Private Limited, Kolkata vs. ACIT, Central Circle, Ajmer

In the result, the appeal filed by the assessee is allowed

ITA 770/JPR/2023[2013-14]Status: DisposedITAT Jaipur08 Feb 2024AY 2013-14

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

For Appellant: Shri Mayank Taparia (Adv.)For Respondent: Shri A.S. Nehra (Addl.CIT) a

Section 127Section 127(1)Section 132Section 147Section 148Section 148ASection 151Section 153C

…ssessment order, re- assessment under section 147 on same ground of bad debts and without recording any tangible material was unjustified - Held, yes [Paras 13 & 14] [In favour ofassesse] 55 Lovely promoters Pvt. Ltd. vs. ACIT > Aventis Pharma Ltd. vs. ACIT 323 ITR 570 (Bom.) The power to reopen an assessment is conditional on the formation of a reason to believe that income chargeable to tax has escaped assessment. The power is not akin to a review. The existence of tangible material is necessary to ensure against an arbitrary exercise of power. > NuPower Renewables (P.) Ltd. [2019] 104 taxmann.com 307 (Bomba…

The Income Tax Officer Ward, 2, Raigarh(Cg) vs. Shri Shri Bishambhar Dayal Agrawal, Jashpur (C.G.)

The appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 223/BIL/2016[2010-11]Status: DisposedITAT Raipur27 Oct 2023AY 2010-11

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 223/Rpr/2016 "नधा"रण वष" / Assessment Year : 2010-11 The Income Tax Officer-2, Raigarh (C.G.)

For Appellant: Shri Veekaas S Sharma, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR

Section 143(3)Section 147Section 41(4)Section 69

…, and a mere change of opinion would not justify recourse to the power under s. 147. Unless the AO has tangible material to reopen an assessment, the power cannot be held to be validly exercised.” Also, in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), the Hon'ble High Court of Bombay reiterated its aforesaid view that reassessment proceedings could not be permitted on the basis of a “Change of opinion” and had held as under:- 22 ITO-2, Raigarh Vs. Shri Bishambhar Dayal Agrawal "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible…

Nalini Parwani, Raipur vs. Income Tax Officer, Ward 3(1), Raipur

In the result, the appeal of the assessee is allowed in terms of the aforesaid observations

ITA 249/RPR/2023[2013-14]Status: DisposedITAT Raipur17 Oct 2023AY 2013-14

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 249/Rpr/2023 "नधा"रण वष" / Assessment Year : 2013-14 Nalini Parwani C/O. G.K Automobiles P. Ltd. Opp. Kabir Nagar, Gate No.2. Ring Road-2, Sondongri, Raipur (C.G.)-492 001 Pan : Aeqpp5635N .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-3(1), Raipur (C.G.)

For Appellant: Shri Rajesh Kumar Chawda, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR

Section 143(3)Section 147Section 148Section 28Section 57

…, and a mere change of opinion would not justify recourse to the power under s. 147. Unless the AO has tangible material to reopen an assessment, the power cannot be held to be validly exercised.” Also, in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), the Hon'ble High Court of Bombay reiterated its aforesaid view that reassessment proceedings cannot be permitted on the basis of a “Change of opinion” and had held as under:- "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the AO on the basis of which the assessme…

ITO 8(1)(4), Mumbai vs. Sentia Developers Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 2661/MUM/2017[2010-11]Status: DisposedITAT Mumbai06 Jan 2023AY 2010-11

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10

For Appellant: Shri K. Gopal, Adv./Om KandalkarFor Respondent: Shri Byomakesh Pradipta Kumar

Section 143(3)Section 148Section 28

…08 ITR 195 (Bom) (198) b. Asian Paints Ltd. vs. DCIT (2008) 308 ITR 195 (Bom) (198) 325 ITR 471 (Bom) c. ICICI Prudential Life Insurance Co. Ltd. (2010) c. ICICI Prudential Life Insurance Co. Ltd. (2010) 325 ITR 471 d. Aventis Pharma Ltd. vs. Astt. CIT (2010) 323 ITR 570 (Bom) (577) d. Aventis Pharma Ltd. vs. Astt. CIT (2010) 323 ITR 570 (Bom) (577) d. Aventis Pharma Ltd. vs. Astt. CIT (2010) 323 ITR 570 (Bom) (577) e. Bhavesh Developers vs. A.O. (2010) 224 CTR 160 (Bom) e. Bhavesh Developers vs. A.O. (2010) 224 CTR 160 (Bom) (IT) (2012) 50 SOT 433 (Mum) (Trib.), f. International Global Networks BV v. DDIT f. Int…

DCIT Khandwa, Khandwa vs. M/S Rajrajeshwar Cotton Corporation, Sendhwa

In the result, Revenue’s appeal as well as Assessee’s Cross-

ITA 573/IND/2019[2011`-12]Status: DisposedITAT Indore21 Oct 2022

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) & C.O. No. 9/Ind/2020 Assessment Year: 2011-12 Dcit M/S Raj Rajeshwar Cotton Khandwa Corporation, बनाम/ Warla Road, Sendhwa, Vs. District - Khandwa (Appellant / Revenue) (Respondent / Assessee) Pan: Aagfr 6243 N Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2022 Date Of Pronouncement 21.10.2022

Section 143(3)Section 147Section 148Section 80I

…2020 Assessment year 2011-12 a. Asteroids Trading & Investment P Ltd vs DeIT (2009) 308 ITR 190 (Born) b. Asian Paints Ltd vs DCIT (2008) 308 ITR 195 (Born) (198) c. ICICI Life Insurance Co Ltd (2010) 325 ITR 471 [Born] d. Aventis Pharma Ltd. vs. ACIT (2010) 323 ITR 570 (Bom)(577) e. Nirmal Bang Securities (P) Ltd. vs. ACIT (2016) 382 ITR 93(Bom)(HC) f. Aryan Arcade Ltd vs Den (2017) 4.14 During the assessment proceedings, if new facts, material or information comes to the knowledge of the AO, which was not on record and available at the time of the assessment order, the principle of- change of opinion will not…

The Income Tax Officer -1, Raigarh, Raigarh(Cg) vs. Shri Shri Parmanand Gupta, Raigarh, Raigarh(Cg)

ITA 82/BIL/2017[2008-09]Status: DisposedITAT Raipur04 Aug 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 82/Rpr/2017 Co. No. 02/Rpr/2022 "नधा"रण वष" / Assessment Year : 2008-09 The Income Tax Officer-1, Raigarh (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Shri Parmanand Gupta, Alochan Agrawal, L/H. Of Late Shri Parmanand Gupta, Prop. M/S. Balaji Handloom, 19/48, Palace Road, Raigarh (C.G.) Pan : Afdpg4961L ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, ARFor Respondent: Shri Sanjay Kumar, Sr. DR

Section 143(1)Section 143(2)Section 143(3)Section 147

…to the mind of the AO during the assessment proceedings under s. 143(3). Consequently, it is evident that there is an absence of tangible material before the AO". Also, the Hon’ ble High Court of Bombay in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), reiterating its aforesaid view that reassessment proceedings cannot be permitted on the basis of a “Change of opinion‟, had held as under:- "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the AO on the basis of which the assessment could have been reopened and what…

Shri Abhay Kumar Jain, Raipur vs. The Assistant Commissioner of Income Tax, Circle -3(1), Raipur

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 23/RPR/2018[2008-09]Status: DisposedITAT Raipur10 May 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 23/Rpr/2018 "नधा"रण वष" / Assessment Year : 2008-09 Shri Abhay Kumar Jain, Prop. M/S. Jain Fabrics, Mahalaxmi Market, Pandri, Raipur (C.G.) Pan : Achpj5173C .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-3(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Bikram Jain, ARFor Respondent: Shri Shravankumar Meena, DR

Section 143(3)Section 147Section 40Section 69

…t to the mind of the AO during the assessment proceedings under s. 143(3). Consequently, it is evident that there is an absence of tangible material before the AO". Also, the Hon’ble High Court of Bombay in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), reiterating its aforesaid view that reassessment proceedings cannot be permitted on the basis of a “Change of opinion‟, had held as under:- "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the AO on the basis of which the assessment could have been reopened and what…

The Assistant Commissioner of Income-Tax-Central Circle-1, Raipur, Raipur (Cg) vs. Shri Shri Rakesh Pandey, Raipur, Raipur (Cg)

In the result, appeal of the Revenue in ITA No

ITA 8/BIL/2017[2008-09]Status: DisposedITAT Raipur09 May 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकरअपीलसं. / Ita Nos. 08 & 09/Rpr/2017 "नधा"रणवष" / Assessment Years : 2008-09 & 2009-10

For Appellant: Shri G.S. Agarwal, ARFor Respondent: Shri G.N Singh, DR

Section 143(3)Section 147Section 80I

…he mind of the AO during the assessment proceedings under s. 143(3). Consequently, it is evident that there is an absence of tangible material before the AO". Also, the Hon‟ble High Court of jurisdiction in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), reiterating its aforesaid view that reassessment proceedings cannot be permitted on the basis of a “change of opinion‟, had held as under:- "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the AO on the basis of which the assessment could have been reopened and what…

M/S Cmdc Icpl Coal Limited, Raipur (Cg) vs. The Income Tax Officer, 3(1), Raipur (Cg)

In the result, appeal of the assessee in ITA No

ITA 350/BIL/2016[2012-13]Status: DisposedITAT Raipur09 May 2022AY 2012-13

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita Nos. 348, 349 & 350/Rpr/2016 "नधा"रण वष" / Assessment Years : 2009-10, 2010-11 & 2012-13 Cmdc Icpl Coal Limited House No.382, Sunder Nagar, Raipur-492 013 (C.G.) Pan : Aadcc4374P .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer 3(1), Raipur (C.G.) ……""यथ" / Respondent Assessee By : Shri R.B Doshi, Ca Revenue By : Shri G.N Singh, Dr

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri G.N Singh, DR

Section 139Section 143(3)Section 147Section 148

…t to the mind of the AO during the assessment proceedings under s. 143(3). Consequently, it is evident that there is an absence of tangible material before the AO". Also, the Hon‟ble High Court of Bombay in the case of Aventis Pharma Ltd. Vs. Asst. CIT (2010) 323 ITR 570 (Bom), reiterating its aforesaid view that reassessment proceedings cannot be permitted on the basis of a „Change of opinion‟, had held as under:- "There is merit in the submission which has been urged on behalf of the assessee that there was no tangible material before the AO on the basis of A.Ys.2009-10, 2010-11 & 2012-13 which the assessment…

M/S Cmdc Icpl Coal Limited, Raipur (Cg) vs. The Income Tax Officer, 3(1), Raipur (Cg)

In the result, appeal of the assessee in ITA No

ITA 349/BIL/2016[2010-11]Status: DisposedITAT Raipur09 May 2022AY 2010-11

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri G.N Singh, DR

Section 139Section 143(3)Section 147Section 148