Bharathi Cement Corporation (P) Ltd. v. CIT

253 CTR 98High Court2012#7791 most cited

What is Bharathi Cement Corporation (P) Ltd. v. CIT authority for?

The books of account do not necessarily have to be rejected before a reference is made to a Director of Investigation (DVO) under Section 142A of the Income Tax Act.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2019.

Also referred to as

Bharathi Cement Corporation Ltd. v. CIT · CIT v. Bharathi Cement Corporation Ltd. · Section 142A · DVO reference · rejection of books of account · precondition · Income Tax Act

Judgments citing Bharathi Cement Corporation (P) Ltd. v. CIT

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 379/COCH/2017[2014-15]Status: DisposedITAT Cochin30 Apr 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 378/COCH/2017[2012-13]Status: DisposedITAT Cochin30 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 377/COCH/2017[2011-12]Status: DisposedITAT Cochin30 Apr 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 376/COCH/2017[2010-11]Status: DisposedITAT Cochin30 Apr 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 375/COCH/2017[2009-10]Status: DisposedITAT Cochin30 Apr 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 374/COCH/2017[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 499/COCH/2016[2012-13]Status: DisposedITAT Cochin30 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 498/COCH/2016[2011-12]Status: DisposedITAT Cochin30 Apr 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 497/COCH/2016[2010-11]Status: DisposedITAT Cochin30 Apr 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 496/COCH/2016[2009-10]Status: DisposedITAT Cochin30 Apr 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

M/S.Ardra Associates, Trichur vs. The DCIT(, Trivandrum

In the result, the appeals of the assessee are allowed and the appeals of

ITA 495/COCH/2016[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…pital v. Asst. CIT (20J4) 224 Taxman 65 (Mag.)/45 Taxmann.com 248 • Omnia Appliances Private Limited (ITA No.3775/Del/2015). 3.11 It was submitted that the Assessing Officer erred in relying on Bharathi Cement Corporation (P) Ltd vs. CIT reported in (2012) 253 CTR 98 (Andhra Pradesh) in concluding that rejection of books of accounts of the assessee is not a precondition for enquiry u/s 142A failing to appreciate that the ratio in the said case was distinguished by High Court of Gujarat in Anand Bhanwarilal Adhukia vs. DCIT reported in [2016] 75 taxmann.com 301 wherein the Court held as follows:; "As agains…

DCIT vs. Parmarth Iron Pvt. Ltd

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 3211/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…Hon'ble ITAT has erred in law as well as in the facts and circumstances of the case in holding that the books of account has to be rejected before referring to the D.V.O. u/s 142A and ignoring the decision in case of Bharathi Cement Corporation Ltd. Vs. CIT - 253 CTR 98 (AP) and the decision rendered by the division bench of Uttrakhand High Court in Case of CIT Vs. Bhavani Shankar Vyas - 311 ITR 8 (Uttrakhand)." 14.1 The Hon'ble High Court decided the issue in favour of the assessee and against the Revenue by observing as under:- “4. Learned counsel for the parties, at the outset, stated that question raised i…

DCIT vs. Parmarth Iron Pvt. Ltd

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 2370/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…Hon'ble ITAT has erred in law as well as in the facts and circumstances of the case in holding that the books of account has to be rejected before referring to the D.V.O. u/s 142A and ignoring the decision in case of Bharathi Cement Corporation Ltd. Vs. CIT - 253 CTR 98 (AP) and the decision rendered by the division bench of Uttrakhand High Court in Case of CIT Vs. Bhavani Shankar Vyas - 311 ITR 8 (Uttrakhand)." 14.1 The Hon'ble High Court decided the issue in favour of the assessee and against the Revenue by observing as under:- “4. Learned counsel for the parties, at the outset, stated that question raised i…

Parmarth Iron (P) Ltd vs. ACIT

In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated above and both the appeals filed by the Revenue are dismissed

ITA 1992/DEL/2008[2004-2005]Status: DisposedITAT Delhi21 Feb 2019AY 2004-2005

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Dr. Rakesh Gupta, &For Respondent: Shri Surender Pal, Sr. DR
Section 131Section 142ASection 154Section 68

…Hon'ble ITAT has erred in law as well as in the facts and circumstances of the case in holding that the books of account has to be rejected before referring to the D.V.O. u/s 142A and ignoring the decision in case of Bharathi Cement Corporation Ltd. Vs. CIT - 253 CTR 98 (AP) and the decision rendered by the division bench of Uttrakhand High Court in Case of CIT Vs. Bhavani Shankar Vyas - 311 ITR 8 (Uttrakhand)." 14.1 The Hon'ble High Court decided the issue in favour of the assessee and against the Revenue by observing as under:- “4. Learned counsel for the parties, at the outset, stated that question raised i…