What is Bombay Cloth Syndicate v. CIT authority for?

Instructions or circulars issued by the CBDT, even if they deviate from existing law, are binding on income-tax authorities if they confer a benefit on the assessee. An assessment order passed in contravention of such binding instructions is void and unsustainable in law.

How many judgments cite Bombay Cloth Syndicate v. CIT?

20 judgments on BharatTax cite Bombay Cloth Syndicate v. CIT (214 ITR 210), spanning 2018 to 2023.

Bombay Cloth Syndicate v. CIT (214 ITR 210)

AGARWAL INDUSTRIES PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-1(1), HYDERABAD

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 60/HYD/2018[2010-11]Status: DisposedITAT Hyderabad19 Jan 2023AY 2010-11

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri Y.Ratnakar, AdvocateFor Respondent: Shri K.P.R.R.Murthy, Sr.AR

Section 115JSection 131Section 143(1)Section 143(2)Section 143(3)Section 234ASection 68

…licant, had credited the amount in its books of accounts, against the share application. 21. The conduct of the assessee is approbate and reprobate which is impermissible. This proposition is supported by the decision of Hon'ble Bombay High Court reported at 214 ITR 210 (Bom.) in the case of Bombay Cloth Syndicate vs. CIT. Similar view has been taken by Co- ordinate Bench of ITAT, Jodhpur in the case reported at 115 TTJ (Jodh.) 116 in the case of Shri Suresh Chandra Bansali vs. Joint CIT. It has been held by Hon'ble ITAT that doctrine of approbate and reprobate prohibits the parties from blowing hot and cold in…

MEENA SHIRISH KOTWAL,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2,, MALEGAON

ITA 1481/PUN/2018[2013-14]Status: DisposedITAT Pune01 Dec 2022AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.1481/Pun/2018 निर्धारण वर्ा / Assessment Year : 2013-14 Mrs. Meena Shirish Kotwal, Shivaji Chowk Chandwad, Dist. - Nashik – 423 101 Pan : Astpk1697C . . . . . . . अपऩलधथी / Appellant बनाम / V/S. Ito Ward- 2, Malegaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Sanket Joshi Revenue By : Shri Piyushkumar Singh Yadav सपिवधई की तधरऩख / Date Of Conclusive Hearing : 04/10/2022 घोर्णध की तधरऩख / Date Of Pronouncement : 01/12/2022 आदेश / Order Per G. D. Padmahshali, Am; By The Present Appeal The Assessee Challenged The Order Of Commissioner Of Income Tax (Appeals)-1, Nashik [For Short “Cit(A)”] Dt. 10/07/2018 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Which Leapt Out Of Assessment Order Dt. 22/03/2016 Passed U/S 143(3) Of The Act Was Passed By Income Tax Officer, Ward - 2, Malegaon [For Short “Ao”] For The Assessment Year [For Short “Ay”] 2013-14. Itat-Pune Page 1 Of 10

For Appellant: Shri Sanket JoshiFor Respondent: Shri Piyushkumar Singh Yadav

Section 143(3)Section 250Section 68Section 69A

…॥ आयकर अपीलीय न्यायाधिकरण, पुणे न्यायपीठ, “ बी” बेंच, पुणे में ॥ IN THE INCOME TAX APPELLATE TRIBUNAL, PUNE“B” BENCH, PUNE BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER आयकर अपऩल सं. / ITA No.1481/PUN/2018 निर्धारण वर्ा / Assessment Year : 2013-14 Mrs. Meena Shirish Kotwal, Shivaji Chowk Chandwad, Dist. - Nashik – 423 101 PAN : ASTPK1697C . . . . . . . अपऩलधथी / Appellant बनाम / V/s. ITO Ward- 2, Malegaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee by : Shri Sanket Joshi Revenue by : Shri Piyushkumar Singh Yadav सपिवधई की तधरऩख / Da…

DHYANESHWAR ANNAJI THAKRE,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2, NAGPUR

In the result, the appeal of assessee is allowed

ITA 1/NAG/2021[2015-16]Status: DisposedITAT Nagpur25 Oct 2022AY 2015-16

Bench: Shri S.S. Viswanethra Ravi

For Appellant: Shri Milind BhusariFor Respondent: Shri G.J. Ninawe

Section 56(2)(vii)

…आयकर अपीलीय अधिकरण “एक सदस्य मामला” न्यायपीठ नागपुर में । IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, NAGPUR (Through Virtual Court) श्री एस.एस. विश्वनेत्र रवि, न्याविक सदस्य के समक्ष । BEFORE SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आिकर अपील सं. / ITA No.01/NAG/2021 वनर्ाारण िर्ा / Assessment Year : 2015-16 Shri Dhyaneshwar Annaji Thakre, Plot No. 9, Dhyaneshwar Rashtra Santa Nagar, Zingabai Takli, Nagpur-440030 PAN : ADJPT2474R .......अपीलार्थी / Appellant बनाम / V/s. Assistant Commissioner of Income Tax, Circle – 2, Nagpur ……प्रत्यर्थी / Respondent Assessee by : Shri Milind Bhusari Revenue by :…

INCOME TAX OFFICER, WARD-3(2), HYDERABAD vs. R P PROJECTS PRIVATE LIMITED , HYDERABAD

ITA 26/HYD/2019[2015-16]Status: DisposedITAT Hyderabad08 Feb 2022AY 2015-16

Bench: Shri A.Mohan Alankamony & Shri S.S.Godara

For Appellant: Shri Biswal Narahari, ARFor Respondent: Shri Rajendra Kumar, CIT-DR

Section 143(2)Section 143(3)

…ying penalty in contravention of these instructions, are against the provisions of the Act and, therefore not sustainable in law. 11.1 In the case of CIT vs Madhukar B. Pawar reported in 319 ITR 255, (Page 13-104) and Bombay Cloth Syndicate vs CIT reported in 214 ITR 210 Hon'ble Bombay High Court have held that Order passed not following Instruction of CBDT is void and bad in law. 11.2 Hon'ble Bombay High Court in the case of Dattatraya Gopal Shette v. CIT 11984] 150 ITR 460 has held that (headnote) : "It is now well-settled that even if the Contents of a circular may amount to a deviation of a point of low, a ci…

NITIN BHIMSEN AGARWAL,PUNE vs. ITO, WARD 9(1), PUNE

In the result, both the appeals of the assessee are partly allowed

ITA 638/PUN/2013[2009-10]Status: DisposedITAT Pune04 Sept 2019AY 2009-10

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri N. Ashok Babu

Section 143(3)

…for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside. He further referred to the decision of Hon’ble Bombay High Court in Bombay Cloth Syndicate Vs. CIT (1995) 214 ITR 210 (Bom) for the proposition that the CBDT Instructions were binding. 11. The learned Departmental Representative for the Revenue on the other hand, pointed out that as per the guidelines of CBDT, the cases could be selected, may be not through CASS. Our attention was drawn to the order of Assessing Officer, wherein he has elaborately dealt with the…

SURENDRA BHIMSEN AGARWAL,PUNE vs. ASST. CIT, CIRCLE-8, PUNE

In the result, both the appeals of the assessee are partly allowed

ITA 637/PUN/2013[2009-10]Status: DisposedITAT Pune04 Sept 2019AY 2009-10

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri N. Ashok Babu

Section 143(3)

…for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside. He further referred to the decision of Hon’ble Bombay High Court in Bombay Cloth Syndicate Vs. CIT (1995) 214 ITR 210 (Bom) for the proposition that the CBDT Instructions were binding. 11. The learned Departmental Representative for the Revenue on the other hand, pointed out that as per the guidelines of CBDT, the cases could be selected, may be not through CASS. Our attention was drawn to the order of Assessing Officer, wherein he has elaborately dealt with the…

NILESH VASANT SHENDE,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is allowed

ITA 670/PUN/2016[2009-10]Status: DisposedITAT Pune28 Jun 2019AY 2009-10

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.670/Pun/2016 नििाारण वषा / Assessment Year : 2009-10 Shri Nilesh Vasant Shende, Mzsk & Associates Chartered Accountants, Level-3, Business Bay, Plot No.84, Wellesley Road, Near Rto, Pune-411 001. Pan : Anxps3098L .......अऩीऱाथी / Appellant बिाम / V/S.

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri Vishwas Mundhe

Section 143(2)

…for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside. He further referred to the decision of Hon‟ble Bombay High Court in Bombay Cloth Syndicate Vs. CIT (1995) 214 ITR 210 (Bom) for the proposition that the CBDT Instructions were binding. 12 A.Y.2009-10 11. The learned Departmental Representative for the Revenue on the other hand, pointed out that as per the guidelines of CBDT, the cases could be selected, may be not through CASS. Our attention was drawn to the order of Assessing Officer, wherein he has elaborate…

RADHE RADHE LABOUR CO-OP SOCIETY LTD,,JALNA vs. INCOME-TAX OFFICER, WARD - 1,, JALNA

In the result, both the appeals of assessee are allowed

ITA 1590/PUN/2018[2015-16]Status: DisposedITAT Pune28 Mar 2019AY 2015-16

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1589/Pun/2018 यििाारण वषा / Assessment Year : 2015-16

For Appellant: Shri K. SrinivasanFor Respondent: Shri M.K. Verma

Section 142(1)Section 143(3)Section 80PSection 80P(2)(a)

…for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside. He further referred to the decision of Hon‟ble Bombay High Court in Bombay Cloth Syndicate Vs. CIT (1995) 214 ITR 210 (Bom) for the proposition that the CBDT Instructions were binding. 11. The learned Departmental Representative for the Revenue on the other hand, pointed out that as per the guidelines of CBDT, the cases could be selected, may be not through CASS. Our attention was drawn to the order of Assessing Officer, wherein he has elaborately dealt with the…

LOKESH SADASHIV SHETTY,,AHMEDNAGAR vs. INCOME-TAX OFFICER, WARD - 2,, AHMEDNAGAR

In the result, the appeal of the assessee is partly allowed

ITA 741/PUN/2018[2014-15]Status: DisposedITAT Pune20 Feb 2019AY 2014-15

For Appellant: Smt. Deepa KhareFor Respondent: Shri M. K. Verma

Section 244ASection 264

…for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside. He further referred to the decision of Hon’ble Bombay High Court in Bombay Cloth Syndicate Vs. CIT (1995) 214 ITR 210 (Bom) for the proposition that the CBDT Instructions were binding. 11. The learned Departmental Representative for the Revenue on the other hand, pointed out that as per the guidelines of CBDT, the cases could be selected, may be not through CASS. Our attention was drawn to the order of Assessing Officer, wherein he has elaborately dealt with the…