How many judgments cite CIT v. Amalgamations Ltd.?

73 judgments on BharatTax cite CIT v. Amalgamations Ltd. (238 ITR 963), spanning 2015 to 2025.

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

It is most often cited in judgments turning on Section 263, Section 143(3), Section 142(1), Section 143(2), Section 144B, Section 14A.

CIT v. Amalgamations Ltd.

238 ITR 963High Court1998#1553 most cited

What is CIT v. Amalgamations Ltd. authority for?

An assessment order can be deemed erroneous due to the Assessing Officer's non-application of mind or inadequate inquiry, warranting revision under Section 263. However, the Principal Commissioner of Income Tax must establish the order is both erroneous and prejudicial to the revenue, and cannot use this power merely to direct further inquiries without such a finding.

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Amalgamations Ltd. · 238 ITR 963 · Section 263 · revision power · erroneous and prejudicial to revenue · non-application of mind · inadequate inquiry · PCIT authority · AO assessment order · fishing expedition · further investigation.

Sections most often in play

Section 263 Section 143(3)Section 142(1)Section 143(2)Section 144B Section 14A Section 80P Section 80P(2)(d)

Issues it is cited on

inadequate enquiry malabar industrial lack of enquiry non application of mind amalgamation revision u/s 263 assessment order erroneous section 263(1)revision under section 263 erroneous and prejudicial non-application of mind complete scrutiny

Judgments citing CIT v. Amalgamations Ltd.

SHRI GAYATRI CO OP CREDIT SOCIETY NIYAMIT HATTARGI,BELAGAVI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BELAGAVI

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

ITA 163/PAN/2025[2021-2022]Status: DisposedITAT Panaji04 Sept 2025AY 2021-2022

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.163/Pan/2025 (A.Y.2021-22 ) Shri Gayatri Co-Op Credit Vs. Pr.Cit, Society Niyamit Hattargi, C.R.Building, P B Road, Dadbanhatti, Navanagar, Yamakanmardi, Hubli-580025, Belagavi-591246, Karnataka Karnataka. Pan .No.Abasas5325A (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 8. We considering the facts, ratio of decisions of the Honble High courts and submissions are of the opinion that the directions of the Pr.CIT order to the assessing officer in respect of interest income earned from cooperative banks to be charged under income from other sources cannot be sustained and accordingly we allow the grounds of appea…

LOKOPAYOGI ILAKHE AND KARNATAKA NEERAVARI NOWAKARARA PATTIN SANGH NIYAMIT,BELAGAVI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, HUBLI

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

ITA 120/PAN/2025[2020-21]Status: DisposedITAT Panaji25 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.120/Pan/2025 (A.Y.2020-21 ) Lokopayogi Ilakhe & Vs. Pr.Cit, Karnataka Neerawari C.R.Building, Nawakara Pattinsangn Niymit, Navanagar, 1,Fort, Hubli-580025, Belagavi-590016, Karnataka Karnataka. Pan .No.Aaaal1333J (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 9. Considering the ratio of decisions of the Honble High courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information and the assessee has submitted the investments with the other…

SHRI MALLIKARJUN CREDIT SOUHARDA SAHAKARI LIMITED,BENADI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, HUBLI

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

ITA 151/PAN/2025[2020-21]Status: DisposedITAT Panaji21 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.151/Pan/2025 (A.Y.2020-21 ) Shri Mallikarjun Credit Vs. Pr.Cit, Soudharda Sahakari Limited, C.R.Building, A/P Benadi, Taluka Chikodi, Navanagar, Belagavi-591215, Hubli-580025, Karnataka. Karnataka Pan .No.Aabas3055M (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 143(3)Section 263Section 80PSection 80P(2)(d)

THE BELGAUM MANUFACTURERS CO-OP INDUSTRIAL ESTATE LTD,BELAGAVI vs. PR. COMMISSIONER OF INCOME TAX, HUBBALI

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

ITA 154/PAN/2025[2020-21]Status: DisposedITAT Panaji20 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.154/Pan/2025 (A.Y.2020-21) The Belgaum Manufactures Vs. Pr.Cit, Co-Op Industrial Estate C.R.Building, Limited, Navanagar, 10 342/690,Udyambag, Hubli-580025, Belgaum-590008, Karnataka. Karnataka Pan .No.Aaaat7254J (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Pramod Y Vaidya.Ar Revenue By Shri.Captain Pradeep Arya.Cit.Dr सुनवाई की तारीख/Date Of Hearing 14.08.2025 घोषणा की तारीख/Date Of 20.08.2025 Pronouncement Order Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit) Hubli Passed U/S 263 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Revision Order Passed By The Pr.Cit Set Aside The Order Passed By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is A Cooperative Society Registered Under Bombay Co-Operative

Section 143(2)Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 9. Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information and the assessee has submitted the details of investments wit…

THE SANKESHWAR SOUHARD CREDIT SAHAKARI LIMITED,SANKESHWAR vs. THE PR. COMMISSIONER OF INCOME TAX, HUBLI

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

ITA 118/PAN/2025[2020-21]Status: DisposedITAT Panaji19 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.118/Pan/2025 (A.Y.2020-21 ) The Sankeshwar Souhard Vs. Pr.Cit, Credit Sahakari Ltd, C.R.Building, Cts.No.41443/B/234, Navanagar, Near Hanuman Temple, Hubli-580025, Nidasoshi Road, Karnataka Sankeshwar-591313, Karnataka. Pan .No.Aaaat8125C (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 9. Considering the ratio of decisions of the Honble High courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information and the assessee has submitted the investments with the other…

SHRI BASAVESHWAR URBAN CO-OPERATIVE CREDIT SOCIETY LTD,MUDALAGI vs. THE PRINCIPLE COMMISSIONER OF INCOME TAX, HUBLI

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

ITA 78/PAN/2025[2020-21]Status: DisposedITAT Panaji14 Aug 2025AY 2020-21

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.78/Pan/2025 (A.Y.2020-21) Shri Basaveshwar Urban Vs. Pr.Cit, Co_Op Credit Society C.R.Building, Mudalagi, Navanagar, Belagavi-591312, Hubli-580025, Karnataka Karnataka. Pan .No.Aaaas6800M (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Saidappa Gadadi.Ar Revenue By Shri.Captain Pradeep Arya.Cit.Dr सुनवाई की तारीख/Date Of Hearing 11.08.2025 घोषणा की तारीख/Date Of 14.08.2025 Pronouncement Order Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit) Hubli Passed U/S 263 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Revision Order Passed By The Pr.Cit Set Aside The Order Passed By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is A Cooperative Credit Society & Has Filed The Return Of Income For The A.Y 2020-21 On 04.01.2021 Disclosing A Total Income Of

Section 142(1)Section 143(2)Section 143(3)Section 263Section 80PSection 80P(2)(d)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 10. Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information and the assessee has submitted the investments with the othe…

MMTC LTD vs. DCIT CIRCLE 5(1),

In the result the appeal of the assessee is allowed

ITA 2732/DEL/2006[2004-2005]Status: DisposedITAT Delhi23 Apr 2025AY 2004-2005

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.Clix Capital Services Pvt. Ltd, Vs. Pcit, Plot No. 23, 5Th Floor, Aggarwal Delhi-1, Delhi Corporate Tower Govind Lal Sikka Marg, Rajendra Place, West Delhi, New Delhi, Delhi, India, 110008 (Appellant) (Respondent) Pan: Aaacc0642F

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Sanjay Kumar Bharati, CIT DR

Section 139(1)Section 143(3)Section 144BSection 263Section 37

…mind by the ld AO. Reliance in this regard is rightly placed by the ld AR on the following decisions:- a. CIT Vs. Sunbeam Auto Ltd reported in 332 ITR 167 (Del) b. CIT Vs. Anil Kumar Sharma reported in 335 ITR 83 (Del) c. CIT Vs. Amalgamations Ltd reported in 238 ITR 963 (Mad) d. Hari Iron Trading Company Vs. CIT reported in 263 ITR 437 (P&H) e. CIT Vs. Eicher Ltd reported in 294 ITR 310 (Del) f. CIT Vs. Gabriel India Ltd reported in 203 ITR 108 (Bom) 8. Respectfully following the aforesaid decisions, we dismiss the preliminary argument of the ld DR that the ld AO had not indicated his mind in the assessment orde…

CLIX CAPITAL SERVICES PRIVATE LIMITED,DELHI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-1, DELHI

In the result the appeal of the assessee is allowed

ITA 2732/DEL/2024[2018-19]Status: DisposedITAT Delhi15 Apr 2025AY 2018-19

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Sanjay Kumar Bharati, CIT DR

Section 139(1)Section 143(3)Section 144BSection 263Section 37

CHAITALEE SACHIN DEOKAR,MUMBAI vs. COMMISSIONER OF INCOME TAX,-IT -2, MUMBAI

In the result, both the appeals filed by the assessee are

ITA 2806/MUM/2024[2013-14]Status: DisposedITAT Mumbai04 Dec 2024AY 2013-14

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

Section 143(3)Section 263Section 69Section 69BSection 69C

…officer has completed the assessment upon incorrect presumption of facts and without making proper enquiries and without taking a view. The Ld D.R placed reliance on the decision rendered by Hon'ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963) to contend that the incorrect assumption of facts renders the assessment order as erroneous. He further relied upon the decision rendered by Hon'ble Supreme Court in the case of Malabar Industrial Co. Ltd (supra) to contend that non-application of mind on the part of the AO on the facts collected would render the assessment order erroneous. He f…

NARESH KUMAR BHARGAVA,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 221/JPR/2024[2013-14]Status: DisposedITAT Jaipur11 Jun 2024AY 2013-14

Bench: The Date Of Hearing.”

For Appellant: Sh. Rohan SoganiFor Respondent: Sh. Anil Dhaka, CIT

Section 132Section 142(1)Section 143(2)Section 147Section 148Section 263

…Paul Mathews & Sons v CIT (2003) 263 ITR 101 (Ker) 7.3.vi CIT v Arvind Jewellers (2003) 259 ITR 502 (Guj) 7.3.vii CIT v Hastings Properties (2002) 253 ITR 124 (Cal) 7.3.viii CIT v Goal (JP) (HUF) (2001) 247 ITR 555 (Cal) 7.3.ix CIT v Amalgamations Ltd. (1999) 238 ITR 963 (Mad) 7.3.x CIT v Macneill Magore Ltd. (1998) 232 ITR 945 (Cal) 7.4. Where the NFAC has exercised the quasi-judicial power vested in it in accordance with law and arrived at a conclusion and such a conclusion cannot be considered erroneous simply because the Commissioner does not feel satisfied with the conclusion. 7.5. Provision of Section 263…

WORLEY INDIA PRIVATE LIMITED,MUMBAI vs. PRINCIPAL COMMISSION OF INCOME TAX 2, MUMBAI

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

ITA 554/MUM/2024[2018-19]Status: DisposedITAT Mumbai03 Jun 2024AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawal

Section 143Section 143(3)Section 14ASection 263Section 37(1)Section 80G

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 12. We considering the ratio of decisions of the Honble High courts, find that the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information in the scrutiny assessement and hence there cannot be any no…

EDISONS INFRAPOWER MULTIVENTURES PRIVATE LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX RANGE -6, MUMBAI

In the result, the appeals filed by the asssessee are allowed

ITA 1208/MUM/2023[2018-2019]Status: DisposedITAT Mumbai31 Jan 2024AY 2018-2019

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaleedisons Infrapower & Vs. Pr. Cit, Range – 6, Multiventures Pvt Ltd Room No.501, 18Th Floor, A-Wing, 5Th Floor, Aayakar Marathon Futurex, Nm Bhavan, M.K.Road, Joshi Marg, Lower Parel, Mumbai-400020. Mumbai-400013. Pan/Gir No. : Aaace1633J Appellant .. Respondent Essel Corporate Vs. Pr.Cit, Range – 6, Resources Pvt Ltd Room No. 501, 18Th Floor, A-Wing, 5Th Floor, Aayakar Marathon Futurex, Nm Bhavan, M.K.Road, Joshi Marg, Lower Parel, Mumbai-400020. Mumbai-400013. Pan/Gir No. : Aabce0473D Appellant .. Respondent

For Appellant: Shri.Jay Bhansali.ARFor Respondent: Shri Jogendra Singh.Sr.DR

Section 143(3)Section 263Section 36(1)(ii)Section 36(1)(iii)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). ITA No. 1207 & 1208/Mum/2023 Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information on the interest expenses, loans an…

ESSEL CORPORATE RESOURCES PRIVATE LIMITED,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, RANGE-6, MUMBAI

In the result, the appeals filed by the asssessee are allowed

ITA 1207/MUM/2023[2018-19]Status: DisposedITAT Mumbai31 Jan 2024AY 2018-19

For Appellant: Shri.Jay Bhansali.ARFor Respondent: Shri Jogendra Singh.Sr.DR

Section 143(3)Section 263Section 36(1)(ii)Section 36(1)(iii)

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). ITA No. 1207 & 1208/Mum/2023 Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information on the interest expenses, loans an…

NIMITA SONI PROP. SWARANLATA TRADERS,BIKANER vs. PCIT-1, JODHPUR

In the result, appeal of the assessee in ITA no

ITA 41/JODH/2022[2017-18]Status: DisposedITAT Jodhpur21 Aug 2023AY 2017-18

Bench: The Hearing.”

Section 143(3)Section 263

…war Bohra, 267 ITR 698 (Raj.); 6. Paul Mathews and Sons v. CIT, 263 ITR 101 (Ker.); 7. CIT v. Arvind Jewellers, 259 ITR 502 (Guj); 8. CIT v. Hastings Properties, 253 ITR 124 (Cal); 9. CIT v. Goal (J.P.) (HUF), 247 ITR 555 (Col); 10. CIT v. Amalgamations Ltd., 238 ITR 963 (Mad); 11. ClT v. Macneill Magore Ltd., 232 ITR 945 (Col.) (b) Simply because the Commissioner of Income Tax felt that the assessment order is prejudicial to the interests of Revenue by itself would not be enough to vest the Commissioner with the power of suo moto revision because the first requirement of Section, namely, the order is "erroneous"…

ALLIED PHOTOGRAPHICS INDIA LTD.,,MUMBAI vs. PCIT, MUMBAI-1, MUMBAI

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

ITA 1083/MUM/2023[2018-19]Status: DisposedITAT Mumbai01 Aug 2023AY 2018-19

Bench: Shir Pavan Kumar Gadale & Shri S Rifaur Rahmanm/S Alliedphotographics Vs. Pr.Cit-1, India Ltd., 3Rd Floor, Room No.330, Kasturi Buildings, 3Rd Floor, Jamshedji Tata Road, Aayakar Bhavan, Churchgate, M.K. Road, Mumbai -400020. Mumbai-400020. Pan/Gir No. : Aabca2068A Appellant .. Respondent Appellant By : Mr.Nitish Gandhi.Ar Respondent By : Ms.Smiti Samant. Dr Date Of Hearing 15.06.2023 Date Of Pronouncement 02.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit)-1, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Fallowing Grounds Of Appeal.

For Appellant: Mr.Nitish Gandhi.ARFor Respondent: Ms.Smiti Samant. DR

Section 10Section 143(3)Section 2(14)Section 2(14)(iii)Section 263

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). 13. Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information and the assessee has submitted the purchase agreement of agr…

PRATAP TECHNOCRATS PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 225/JPR/2023[2018-19]Status: DisposedITAT Jaipur18 Jul 2023AY 2018-19

Bench: The Date Of Hearing.”

For Appellant: Shri Rajeev Sogani (C.A.) &For Respondent: Shri Ajey Malik (CIT) a

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263Section 80J

…Paul Mathews & Sons v CIT (2003) 263 ITR 101 (Ker) 4.8.vi CIT v Arvind Jewellers (2003) 259 ITR 502 (Guj) 4.8.vii CIT v Hastings Properties (2002) 253 ITR 124 (Cal) 4.8.viii CIT v Goal (JP) (HUF) (2001) 247 ITR 555 (Cal) 4.8.ix CIT v Amalgamations Ltd. (1999) 238 ITR 963 (Mad) 4.8.x CIT v MacneillMagore Ltd. (1998) 232 ITR 945 (Cal) 4.9 Moreover, assessment order dated 29.03.2021, was passed under E-Assessment Scheme, 2019. Under E-Assessment Scheme, 2019, the assessments are completed through the following units: 4.9.i Assessment Unit 4.9.ii Verification Unit 4.9.iii Technical Unit 4.9.iv Review Unit 15 Prata…

KGK HOMES,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JAIPUR

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

ITA 223/JPR/2023[2018-19]Status: DisposedITAT Jaipur05 Jul 2023AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajeev Sogani, CA &For Respondent: Shri James Kurian, CIT-DR

Section 142(1)Section 143(2)Section 263

…7 ITR 698 (Raj) 5. Paul Mathews & Sons v CIT (2003) 263 ITR 101 (Ker) 6. CIT v Arvind Jewellers (2003) 259 ITR 502 (Guj) 7. CIT v Hastings Properties (2002) 253 ITR 124 (Cal) 8. CIT v Goal (JP) (HUF) (2001) 247 ITR 555 (Cal) 9. CIT v Amalgamations Ltd. (1999) 238 ITR 963 (Mad) 10. CIT v Macneill Magore Ltd. (1998) 232 ITR 945 (Cal) 7. Where the NFAC has exercised the quasi-judicial power vested in it in accordance with law and arrived at a conclusion and such a conclusion cannot be considered erroneous simply because the Commissioner does not feel satisfied with the conclusion. 8. Provision of section 263 no-wher…

VIVEK AGNIHOTRI,MUMBAI vs. ITO 16 (1)(5), MUMBAI

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

ITA 4493/MUM/2019[2012-13]Status: DisposedITAT Mumbai02 May 2023AY 2012-13

Bench: Shri Baskaran Br & Shir Pavan Kumar Gadalevivek Agnihotri Vs. Ito – 16(1)(5), 1505/1506, Amarnath Aayakar Bhavan, Tower, Yari Road, M.K.Road, Versova, Andheri (W) Mumbai – 400020. Mumbai – 400061. Pan/Gir No. : Adypa6052B Appellant .. Respondent Appellant By : Ms.Kinjal Bhuta.Ar Respondent By : Mr. Ankush Kapoor.Dr Date Of Hearing 28.03.2023 Date Of Pronouncement 01.05.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Prcommissioner Of Income Tax (Pr.Cit)-16, Mumbai Passed U/S 263 Of The Act.

For Appellant: Ms.Kinjal Bhuta.ARFor Respondent: Mr. Ankush Kapoor.DR

Section 143(2)Section 143(3)Section 147Section 148Section 263Section 50C

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). Considering the ratio of decisions of the Honble High courts, it is clear the Pr.CIT before holding the order of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for Vivek Agnihotri, Mumbai. the information as evident from letters referred in the…

WORLD TRADE PARK LIMITED,MUMBAI vs. PCIT - 5 , MUMBAI

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

ITA 1364/MUM/2022[2017-18]Status: DisposedITAT Mumbai28 Mar 2023AY 2017-18

Bench: Shri Baskaran Br & Shir Pavan Kumar Gadaleworld Trade Park Ltd., Vs. Pr. Cit -5 4Th Floor, Wtp, Jln Room No. 515, 5Th Marg, Jaipur, Floor, Aaykar Bhavan, Rajasthan – 302107 Mk Road, Mumbai-400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccr8969E Appellant .. Respondent Appellant By : Shri Rajiv Sahai.Ar Respondent By : Shri.Dr.Kishordhule.Cit-Dr Date Of Hearing 08.02.2023 Date Of Pronouncement 17.03.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit)-52, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Fallowing Grounds Of Appeal.

For Appellant: Shri Rajiv Sahai.ARFor Respondent: Shri.Dr.KishorDhule.CIT-DR

Section 139(1)Section 143Section 143(1)Section 143(2)Section 143(3)Section 147Section 263Section 271B

…ner of Income tax has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question….” Similar view has been expressed by Hon’ble Madras High Court in the case of CIT Vs. Amalgamations Ltd (238 ITR 963). Considering the ratio of decisions of the Honble Hight courts, it is clear the Pr.CIT before holding the order World Trade Park Ltd., Mumbai. of the A.O. is erroneous should conduct necessary inquiries. The Ld.AR submitted that the Pr.CIT has not considered the facts that the A.O has called for the information on the expenses incurred towards…

SAURASHTRA TRUST,MUMBAI vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS) , MUMBAI

In the result, the appeal of the assessee is allowed

ITA 1182/MUM/2022[2017-18]Status: DisposedITAT Mumbai27 Feb 2023AY 2017-18

For Appellant: Shri Nishit GandhiFor Respondent: Ms. Samruddhi Hande (Sr. AR)

Section 11Section 11(3)Section 12ASection 13(8)Section 142(1)Section 143(3)Section 2(15)Section 24Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM आयकर अपील सं/ I.T.A. No.1182/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2017-18) बिधम/ Saurashtra Trust CIT(Exemptions) 601, 6th Floor, Cumballa Janmabhoomi Bhavan, Vs. janmabhoomi Marg, Fort, Hill MTNL TE Building, Mumbai-400001. Peddar Road, dr. Gopalrao Deshmukh Marg, Cumballa Hill, Mumbai- 400026. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR No. : AAATS2786B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. Assessee by: Shri Nishit Gandhi Revenue by: Ms. Samruddhi Hande (Sr. AR) सुनवाई की तारीख / Date of…

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