CIT v. Anil Kumar Bhatia

352 ITR 493High Court2013#120 most cited

What is CIT v. Anil Kumar Bhatia authority for?

Section 153A can be invoked to reassess income for all years under consideration prior to a search, even if returns for those years were processed under Section 143(1)(a). The Assessing Officer has the power to reassess total income in such cases without fetters.

537

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v Anil Kumar Bhatia · section 153A · section 143(1)(a) · search assessment · reassessment · assessment procedure · undisclosed income · search and seizure · Delhi High Court · taxability after search

Also reported as

24 Taxmann.com 98211 Taxmann 453

Issues it is cited on

Judgments citing CIT v. Anil Kumar Bhatia

M/S Aggarwal Sales, Zirakpur vs. DCIT, CC, Patiala

ITA 1443/CHANDI/2018[2005-06]Status: DisposedITAT Chandigarh29 Mar 2019AY 2005-06

Bench: The High Court Of Bombay In The Case Of Cit Vs. M/S Murli Agro Products Ltd. (Supra), Wherein On The Issue Of Exercise Of Revisionary Powers By The Commissioner Of Income Tax U/S 263 Of The Act, On The Order Passed By The Assessing Officer Under Section 153A, It Was Contended By The Revenue That The Impugned Order Was Erroneous & Prejudicial To The Interest Of The Revenue Since The Assessing Officer Had Only Determined The Undisclosed Income & Not The Total Income Which Is The Mandate Of Section 153A .The Hon'Ble High Court, While Adjudicating The Issue, Dealt At Length With The Purpose Of Introduction Of The New Search Assessment Procedures, As Against The Earlier Block Assessment Procedures & Then Went On To Interpret The Proviso To Section 153A(1) & Held That It Is Only Pending Proceedings Which Are Abated On Initiation Of Proceedings Under Section 153A Of The Act, While The Assessments Which Have Attained Finality Cannot Be Disturbed Unless Materials Gathered In The Course Of Proceedings Under Section 153A Of The Act Established Otherwise.

Section 143(1)(a)Section 153Section 153ASection 153A(1)Section 263

…, while the assessments which have attained finality cannot be disturbed unless materials gathered in the course of proceedings under section 153A of the Act established otherwise. 18. Thereafter, the Delhi High Court in the case of CIT Vs. Anil Kumar Bhatia 352 ITR 493, interpreted the provisions of section 153A of the Act at length, and held that as against the earlier block assessment procedure which roped in only the undisclosed income and the regular assessment proceedings were preserved, resulting in multiple assessments, under the present assessment procedures prescribed under section 153A/B/C of the Act,…

M/S Aggarwal Sales, Zirakpur vs. DCIT, CC, Patiala

ITA 1442/CHANDI/2018[2004-05]Status: DisposedITAT Chandigarh29 Mar 2019AY 2004-05

Bench: The High Court Of Bombay In The Case Of Cit Vs. M/S Murli Agro Products Ltd. (Supra), Wherein On The Issue Of Exercise Of Revisionary Powers By The Commissioner Of Income Tax U/S 263 Of The Act, On The Order Passed By The Assessing Officer Under Section 153A, It Was Contended By The Revenue That The Impugned Order Was Erroneous & Prejudicial To The Interest Of The Revenue Since The Assessing Officer Had Only Determined The Undisclosed Income & Not The Total Income Which Is The Mandate Of Section 153A .The Hon'Ble High Court, While Adjudicating The Issue, Dealt At Length With The Purpose Of Introduction Of The New Search Assessment Procedures, As Against The Earlier Block Assessment Procedures & Then Went On To Interpret The Proviso To Section 153A(1) & Held That It Is Only Pending Proceedings Which Are Abated On Initiation Of Proceedings Under Section 153A Of The Act, While The Assessments Which Have Attained Finality Cannot Be Disturbed Unless Materials Gathered In The Course Of Proceedings Under Section 153A Of The Act Established Otherwise.

Section 143(1)(a)Section 153Section 153ASection 153A(1)Section 263

…, while the assessments which have attained finality cannot be disturbed unless materials gathered in the course of proceedings under section 153A of the Act established otherwise. 18. Thereafter, the Delhi High Court in the case of CIT Vs. Anil Kumar Bhatia 352 ITR 493, interpreted the provisions of section 153A of the Act at length, and held that as against the earlier block assessment procedure which roped in only the undisclosed income and the regular assessment proceedings were preserved, resulting in multiple assessments, under the present assessment procedures prescribed under section 153A/B/C of the Act,…