How many judgments cite CIT v. Atlas Cycle Industries?

212 judgments on BharatTax cite CIT v. Atlas Cycle Industries (180 ITR 319), spanning 2009 to 2025.

Which sections of the Income Tax Act does CIT v. Atlas Cycle Industries come up under?

It is most often cited in judgments turning on Section 147, Section 148, Section 143(3), Section 142(1), Section 143(2), Section 151.

CIT v. Atlas Cycle Industries

180 ITR 319High Court1989#423 most cited

What is CIT v. Atlas Cycle Industries authority for?

The Assessing Officer lacks jurisdiction to make a reassessment if the very grounds on which the notice under Section 148 was issued are subsequently found not to exist. In such a scenario, the reassessment proceedings must be cancelled.

212

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2025.

Also referred to as

CIT v. Atlas Cycle Industries · Atlas Cycle Industries · Section 147 · Section 148 · reassessment jurisdiction · grounds for reassessment · validity of reassessment notice · cancellation of reassessment · Assessing Officer jurisdiction

Also reported as

46 Taxmann 315

Sections most often in play

Section 147 Section 148 Section 143(3)Section 142(1)Section 143(2)Section 151 Section 139(1)Section 69A

Issues it is cited on

section 140a(1)section 215 section 207 section 2(43)section 13(1)(c)(ii)section 262 section 147(1)section 209 section 2(1)section 148(2)section 208 section 210

Judgments citing CIT v. Atlas Cycle Industries

SH. ATAR SINGH,FARIDABAD vs. ITO WARD-1(1), FARIDABAD

In the result, Appeal of the Assessee is partly allowed

ITA 2732/DEL/2025[2012-13]Status: DisposedITAT Delhi19 Dec 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S. & Shri Amitabh Shuklai.T.A. No. 2732/Del/2025 (A.Y 2012-13) Sh. Atar Singh Vs Income Tax Officer House No. 5, Village, Gazipur, Ward 1(1) Gazipur Road, Faridabad, Faridabad, Haryana Haryana-121005 122001 Pan: Dmpps6598B Appellant Respondent Assessee By Sh. S.S. Nagar, Ca Revenue By Sh. Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 29/10/2025 Date Of Pronouncement 19/12/2025 Order Per Yogesh Kumar, U.S. Jm: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal

Section 147Section 148Section 151Section 151(1)Section 69A

…o-ordinate Bench of the Tribunal in the case of Shri Karan Singh Khurana (supra) has taken identical view in following manners:- “16. We have considered the rival submission. Hon’ble Punjab & Haryana High Court in the case of CIT Vs. Atlas Cycle Industries 180 ITR 319 held as under: “Held, (i) that the Tribunal was right in cancelling the reassessment as both the grounds on which the reassessment notice was issued were not found to exist, and, therefore, the Income-tax Officer did not get jurisdiction to make the reassessment.” 17. Hon’ble Delhi High Court in the case of Pr. CIT Vs. SNG Developers Ltd., [201…

SRI KRISHA TRADERS,SIVAGANGAI vs. DCIT, NON CORPORATE CIRCLE-1,, MADURAI

In the result, the appeal of the assessee is allowed

ITA 2223/CHNY/2025[2017-18]Status: DisposedITAT Chennai12 Dec 2025AY 2017-18

Bench: Shri Ss Viswanethra Ravi & Ms. Padmavathy.Sआयकर अपील सं./Ita No.2223/Chny/2025 िनधा%रण वष% /Assessment Year: 2017-18

For Appellant: Mr. N. Vijay Kumar, C.A *+For Respondent: Ms. Babitha, JCIT

Section 139(1)Section 147Section 148Section 250Section 40A(3)

…ion 3 as inserted by Parliament would not take away the basis of that decision. The view which was taken by the Rajasthan High Court was also taken in another judgment of the Punjab and Haryana High Court in CIT v. Atlas Cycle Industries, [1989] 46 Taxman 315/180 ITR 319 (Punjab & Haryana). The decision in Atlas Cycle Industries, [1989] 46 Taxman 315/180 ITR 319 (Punjab & Haryana) held that the Assessing Officer did not have jurisdiction to proceed with the reassessment, once he found that the two grounds mentioned in the notice under section 148 were incorrect or nonexistent. The decisions of the Punjab and Hary…

M/s.V.R.Farms Pvt Ltd vs. Deputy Commissioner of Income Tax

The appeals are dismissed

ITTA/272/2008HC Telangana28 Nov 2025

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

…tax is paid by the assessee under section 140A or otherwise. Mr Aggarwal placed emphasis on the expression ―or otherwise‖ appearing in the phrase ―tax is paid by the assessee under section 140A or otherwise.‖ Referring to CIT v. Atlas Cycle Industries: 180 ITR 319, which considered a similar provision appearing in section 215(2), the learned senior counsel submitted that the expression "or otherwise" in sub-section (2) of section 234B signifies that in whatever manner tax is paid, it shall be taken note of in ITA Nos. 402/2005 & Others Page No.19 of 44 calculating the interest. He submitted furt…

MAYA KUMARI,JAIPUR vs. ITO WARD 2(2), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 581/JPR/2025[2012-13]Status: DisposedITAT Jaipur03 Nov 2025AY 2012-13

For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Gautam Singh choudhary, Addl. CIT

Section 147Section 148Section 234ASection 250Section 69

…, and he did not continue to possess\njurisdiction, to put to tax, any other income, which subsequently came to his notice, in the\ncourse of reassessment proceedings, which were found by him, to have escaped\nassessment.-CIT vs. Atlas Cycle Industries (1989) 180 ITR 319 (P&H) concurred with.\n(b) In the case of CIT vs. Jet Airways (I) LTD331ITR 0236(Bom):Held Reassessment—\nScope-Items unconnected with escapement for which notice was issued—When Expln. 3\nto s.147 was introduced, Parliament stepped in to correct what it regarded as an\ninterpretational error in the view which was taken by certain Courts that the…

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 347/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A

Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

…t assessee duly filed return. Thus, proceedings cannot be initiated on the basis of wrong reasons, as the entire basis is vitiated and this is supported with the decision of Hon'ble High Court of Punjab & Haryana in the case of CIT v/s Atlas Cycle Industries, 180 ITR 319, P & H High Court in which it was held as under: "Reassessment Validity Grounds alleged in notice under s. 148 incorrect or non- existent-ITO's jurisdictions is ousted the moment this situation comes to his knowledge." Sir, it is stated that reasons recorded nowhere reflected as what information and corroborative materials/records regarding this…

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 346/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A

Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

ITA 1001/JPR/2025[2019-20]Status: DisposedITAT Jaipur27 Oct 2025AY 2019-20

For Appellant: Sh. Shrawan Kumar Gupta, Adv.\rFor Respondent: Shri Gautam Singh Choudhary, Addl. CIT\r

Section 139(1)Section 143(2)Section 144BSection 147Section 147rSection 148Section 148ASection 151Section 234ASection 250

…did\r\nnot continue to possess jurisdiction, to put to tax, any other income, which\r\nsubsequently came to his notice, in the course of reassessment proceedings,\r\nwhich were found by him, to have escaped assessment.—CIT vs. Atlas Cycle\r\nIndustries (1989) 180 ITR 319 (P&H) concurred with.\r\n(b) In the case of CIT VS. Jet Airways (1) LTD331ITR\r\n0236(Bom):HeldReassessment—Scope—Items unconnected with escapement\r\nfor which notice was issued—When Expln. 3 to s.147 was introduced,\r\nParliament stepped in to correct what it regarded as an interpretational error in\r\nthe view which was taken by certain Courts…

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

ITA 962/JPR/2024[2015-2016]Status: DisposedITAT Jaipur24 Sept 2025AY 2015-2016

For Respondent: Mrs. Anita Rinesh, JCIT-DR

Section 11Section 11(2)Section 143(3)Section 147Section 40

…hat, and he did not continue to possess jurisdiction, to put to tax, any other income, which subsequently came to his notice, in the course of reassessment proceedings, which were found by him, to have escaped assessment.—CIT vs. Atlas Cycle Industries (1989) 180 ITR 319 (P&H) concurred with. (b) In the case of CIT v. Jet Airways (I) LTD 331 ITR 0236 (Bom):Held Reassessment—Scope—Items unconnected with escapement for which notice was issued—When Expln. 3 to s.147 was introduced, Parliament stepped in to correct what it regarded as an interpretational error in the view which was taken by certain Courts that the A…

INCOME TAX OFFICER, MOHALI PUNJAB vs. TAJ LAND DEVELOPEFRS AND PROMOTERS PRIVATE LIMITED , SECTOR MOHALI PUNJAB

In the result, appeal is dismissed

ITA 606/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh22 Sept 2025AY 2011-12

For Appellant: \nShri Sudhir Sehgal, AdvocateFor Respondent: \nSmt. Kusum Bansal, CIT DR

Section 139Section 147Section 148Section 151

…t found to exist\non record, therefore, reassessment framed deserved to be quashed-Assessee's\nappeal allowed.\"\n\nFurther reliance is placed on the judgement of the Hon'ble Jurisdictional High\nCourt in the case of CIT vs. Atlas Cycle Industries reported at 180 ITR 319,\nwhich has been relied upon by the Jalandhar Bench of IT AT Amritsar in the\ncase of Gaurav Joshi (Supra) and wherein it has been held as under:\n\n\"9. Adverting to the question referred regarding the reassessment proceedings,\nwe are of the view that the Tribunal was right in cancelling the reassessment as\nboth the grounds on which reassessme…

SANTOSH RANI LEGAL HEIR OF LATE SH PARVEEN KALYAN,KURUKSHETRA vs. INCOME TAX OFFICER, WARD 1, KARNAL, KARNAL

In the result, appeal of the assessee is allowed

ITA 4770/DEL/2024[2011-12]Status: DisposedITAT Delhi19 Sept 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2011-12] Santosh Rani Vs Ito, Legal Heir Of Late Shri Parveen Ward-1, Karnal, Kalyan, Krishna Nagar, Gamri, Haryana-132001. Thanesar, Distt.-Kurukshetra, Haryana-136118. Pan-Awhpr4944D Appellant Respondent Appellant By Shri Suresh K.Gupta, Ca Respondent By Shri Dheeraj Kumar Jaiswal, Sr.Dr Date Of Hearing 01.07.2025 Date Of Pronouncement 19.09.2025 Order

Section 144Section 147Section 148Section 151Section 250

…312 (Del) approved by Hon'ble Apex Court by dismissing SLP of revenue in SLP 42379/2017 Dt: 09.02.2018;  CIT vs Suren International Pvt Ltd 357 ITR 24 (Del);  Pr. CIT vs. RMG Polyvinyl (1) Ltd (2017) 396 ITR 5 (Del);  CIT vs., Atlas Cycle industries (1989) 180 ITR 319 (P&H);  Siemens Information System Ltd., vs. ACIT 293 ITR 548 (Bom.);  Ankita A. Choksey vs. Income Tax Officer 411 ITR 207 (Bom);  DCIT vs M/s KLA Foods (India) Ltd and others ITA No.2846/Del/2015 dt: 08.04.2019, M/s Superior Technologies P Ltd ITA No.2269/Del/2017. M/s Shiv Sai Infrastructure P Ltd ITA No.2527/Del/2017 and ITO vs Randeep Inv…

MO. SHARIPH KURESHI,SIKAR vs. ITO WARD-4 SIKAR, SIKAR

In the result, the appeal of the assessee is allowed

ITA 366/JPR/2025[2013-14]Status: DisposedITAT Jaipur18 Sept 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Shrawan Kumar Gupta, AdvFor Respondent: Shri Gautam Singh Choudhary, JCIT

Section 144Section 147Section 148Section 234ASection 271(1)(c)

…hat, and he did not continue to possess jurisdiction, to put to tax, any other income, which subsequently came to his notice, in the course of reassessment proceedings, which were found by him, to have escaped assessment.—CIT vs. Atlas Cycle Industries (1989) 180 ITR 319 (P&H) concurred with. 1.2. In the case of CIT vs. Jet Airways (I) LTD331 ITR 0236(Bom):HeldReassessment—Scope—Items unconnected with escapement for which notice was issued—When Expln. 3 to s. 147 was introduced, Parliament stepped in to correct what it regarded as an interpretational error in the view which was taken by certain Courts that the AO…

M/S. BIOBUILD DEVELOPERS ,MUMBAI vs. INCOME TAX OFFICER WARD 24(1)(3), MUMBAI

ITA 4011/MUM/2025[2013-14]Status: DisposedITAT Mumbai25 Aug 2025AY 2013-14

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Sameer DalalFor Respondent: Shri Pravin Salunkhe

Section 143(3)Section 147Section 148Section 250

…er or in respect of items not claimed during the course of the original assessment proceedings. 15. In Dr. Devender Gupta's case (supra), learned Tribunal has relied upon the judgment of the Punjab & Haryana High Court, in CIT v. Atlas Cycle Industries [1989] 180 ITR 319/46 Taxman 315, and concluded that the basic condition is, that the Assessing Officer has reason to believe, that any income chargeable to tax has escaped assessment, for any assessment year, and it was found, that the section puts no bar on the powers of the Assessing Officer, to put to tax, any other income, chargeable to tax, which has escaped…

MAHESH KUMAR,DELHI vs. ITO,WARD-68(6), DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2024[2012-13]Status: DisposedITAT Delhi06 Aug 2025AY 2012-13

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

Section 10(38)Section 143(3)Section 147Section 148Section 68

…assessment had been initiated. According to the learned counsel, no reassessment order could be passed by the Assessing Officer. Learned counsel for the assessee relied upon the following observations made by this court in CIT v. Atlas Cycle Industries [1989] 180 ITR 319 (page 322): 5 " ...we are of the view that the Tribunal was right in cancelling the reassessment as both the grounds on which reassessment notice was issued were not found to exist, and the moment such is the position, the Income-tax Officer does not get the jurisdiction to make a reassessment." 9. Support was also drawn from the decision of the…

ITO, WARD-18(), NEW DELHI vs. NIVIA AGENCIES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 1009/DEL/2021[2002-03]Status: DisposedITAT Delhi09 Jul 2025AY 2002-03

Bench: MS. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 139(1)Section 142Section 143(1)Section 144Section 148Section 250(6)Section 68

…is well settled Law if wrong facts and wrong reasons are recorded for reopening of the assessment, reopening of the assessment would be invalid and bad in Law. We rely upon Judgment of Hon'ble Punjab & Haryana High Court in the case of Atlas Cycle Industries 180 ITR 319 (P&H). It is well settled Law that note already filed with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs.. Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon'…

HARSH COMTRADE PVT LTD,SURAT vs. INCOME TAX OFFICER, WARD 5(4), KOLKATA

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

ITA 225/KOL/2024[2012-13]Status: DisposedITAT Kolkata01 Jul 2025AY 2012-13

Bench: Shri George Mathanआयकर अपील सं/Ita No.225/Kol/2024 (नििाारण वर्ा / Assessment Year :2012-2013) Harsh Comtrade Private Limited, Vs Ito, Ward-5(4), Kolkata 1/A, Stuti Apartment, Near Ashok Panhouse, City Light, Surat, Gujarat Pan No. :Aabcg 8847 C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Mehul Shah, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Shri S.B. Chakraborthy, Addl. Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 01/07/2025 घोषणा की तारीख/Date Of Pronouncement : 01/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.12.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1059161646(1) For The Assessment Year 2012-2013. 2. Shri Mehul Shah, Ld. Ar Appeared On Behalf Of The Assessee & Shri S.B.Chakraborthy, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. At The Time Of Hearing, Ld. Ar Submitted That He Has Filed Written Submissions Before The Tribunal Which Has Been Placed In The Paper Book At Pages 90 To 104 Which Reads As Follows :- Before Income Tax Appellate Tribunal, Kolkata - 'Smc' Bench In The Case Of Harsh Comtrade Pvt. Ltd Sub: Written Submission For A.Y. 2012-13 Ref: Assessee'S Appeal No. 225/Kol/2024 Date Of Hearing: 21.08.2024 May It Please To Your Honour 1. In This Case, The Case Is Re-Opened On The Basis Of Reasons For Reopening Recorded On 23.03.2018. The Same Is Reproduced

For Respondent: Shri S.B. Chakraborthy, Addl. CIT-Sr.DR

Section 148

…sis of non-credible information without taking any efforts to check the veracity of the information. 10. Reliance is placed on the decision of Honourable High Court of Punjab & Haryana in the case of Commissioner of Income Tax v. Atlas Cycle Industries [1989] 180 ITR 319 (Punjab & Haryana) wherein it was held that - "Grounds alleged in notice under s.148 were incorrect or non- existent and therefore ITO's jurisdictions is ousted the moment this situation comes to his knowledge." It was further held in the said case that - "Following the Supreme Court's decisions in the cases of CIT v. A. Raman & Co. [1968] 67 ITR…

RAMA SHANKER PAREEK,JAIPUR vs. INCOME TAX OFFICER, WARD NO. 7(2), JAIPUR

In the result, appeal of the assessee is allowed

ITA 253/JPR/2025[2010-11]Status: DisposedITAT Jaipur24 Jun 2025AY 2010-11

For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri Gautam Singh Choudhary, Addl.CIT

Section 142(1)Section 147Section 148Section 234ASection 250Section 69CSection 80C

…and he did\nnot continue to possess jurisdiction, to put to tax, any other income, which\nsubsequently came to his notice, in the course of reassessment proceedings, which\nwere found by him, to have escaped assessment.—CIT vs. Atlas Cycle Industries\n(1989) 180 ITR 319 (P&H) concurred with.\n2. 2. In the case of CIT VS. Jet Airways (I) LTD331 ITR\n0236(Bom):HeldReassessment—Scope—Items unconnected with escapement for\nwhich notice was issued—When Expln. 3 to s.147 was introduced, Parliament\nstepped in to correct what it regarded as an interpretational error in the view\nwhich was taken by certain Courts that…

INCOME TAX OFFICER, WARD 3(1), DELHI, DELHI vs. ARTISTIC FINANCE PRIVATE LIMITED, DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2023[2014-15]Status: DisposedITAT Delhi08 May 2025AY 2014-15

Section 10(38)Section 143(3)Section 147Section 148Section 68

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

ITA 41/JPR/2025[2014-15]Status: DisposedITAT Jaipur05 May 2025AY 2014-15

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT

Section 10Section 144Section 147Section 151Section 234

…and he did\nnot continue to possess jurisdiction, to put to tax, any other income, which\nsubsequently came to his notice, in the course of reassessment proceedings,\nwhich were found by him, to have escaped assessment.—CIT vs. Atlas Cycle\nIndustries (1989) 180 ITR 319 (P&H) concurred with.\n(b) In the case of CIT vs. Jet Airways (I) LTD 331 ITR 0236 (Bom): Held\nReassessment—Scope—Items unconnected with escapement for which notice\nwas issued—When Expln. 3 to s.147 was introduced, Parliament stepped in to\ncorrect what it regarded as an interpretational error in the view which was taken\nby certain Courts that…

INSTITUTE MANAGEMENT COMMITTEE ITI JHALAWAR ,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR

The appeals of the assessee are hereby allowed

ITA 39/JPR/2025[2013-14]Status: DisposedITAT Jaipur05 May 2025AY 2013-14

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. Gautam Singh Choudhary, JCIT

Section 10Section 144Section 147Section 151Section 234

ASSISTANT COMMISSIONER OF INCOME TAX, COIMBATORE vs. KAMATCHIPURAM VELLINGIRI JAYARAMAN, COIMBATORE

Appeal of the revenue is dismissed, where as the Cross objection of the assessee is allowed

ITA 2777/CHNY/2024[2017-18]Status: DisposedITAT Chennai29 Apr 2025AY 2017-18

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

For Appellant: Ms. D.Komali Krishna, CITFor Respondent: Mr.Venkatswami, ITP &

Section 147Section 148

…Parliament would not take away the basis of that decision. The view which was taken by the Rajasthan High Court was also taken in another judgment of the Punjab and Haryana High Court in CIT C.O.No.27/Chny/2025 v. Atlas Cycle Industries, [1989] 46 Taxman 315/180 ITR 319 (Punjab & Haryana). The decision in Atlas Cycle Industries, [1989] 46 Taxman 315/180 ITR 319 (Punjab & Haryana) held that the Assessing Officer did not have jurisdiction to proceed with the reassessment, once he found that the two grounds mentioned in the notice under section 148 were incorrect or nonexistent. The decisions of the Punjab and Hary…

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