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#426 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 366,470 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

DCIT, CC-06, New Delhi vs. Jaguar Buildcon Pvt. Ltd., New Delhi

In the result, this appeal filed by the Revenue stands dismissed

ITA 79/DEL/2022[2011-12]Status: DisposedITAT Delhi13 Apr 2023AY 2011-12

Bench: The Ld. Cit (A) & Put

For Appellant: Shri Rakesh Joshi, CAFor Respondent: Mohd. Gayasuddin Ansari, CIT DR

Section 147Section 148Section 68

…(supra), Explanation 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 & Haryana High Court in CITv. Atlas Cycle Industries [1989] 180 ITR 319. The decision in Atlas Cycle Industries' case (supra) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) and…

Commissioner of Income Tax (Exemptions) vs. M/S. Roland Educational and Charitable Trust

ITA/25/2022HC Orissa09 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Principal Commissioner of Income Tax 1 vs. Parbati Mohapatra

ITA/19/2022HC Orissa08 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Jvr Retails Private Limited, Hyderabad vs. Deputy Commissioner of Income Tax, Circle -2(1), Hyderabad

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

ITA 175/HYD/2021[2012-13]Status: DisposedITAT Hyderabad31 Jan 2023AY 2012-13

Bench: Shri Rama Kanta Panda & Shri K.Narasimha Charyassessment Year: 2012-13 Jvr Retails Private Limited Vs Dcit, Circle-2(1) C/O. Murali & Co. . Hyderabad Chartered Accountants 6-3-655/2/3, Somajiguda Hyderabad-500 082 Pan : Aaccv9428J (Appellant) (Respondent) Assessee By: Shri M.V.Joshi Appeared For P.Murali Mohan Rao, Ca Revenue By: Shri Jeevan Lal Lavidiya, Cit-Dr Date Of Hearing: 14.01.2023 Date Of Pronouncement: 31.01.2023 O R D E R Per Shri Rama Kanta Panda (A.M.): This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.03.2021 Passed U/S. 263 By The Learned Principal Commissioner Of Income Tax -2, Hyderabad Relating To A Y 2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Domestic Company Engaged In The Business Of Retails & Manufacturing Of Jewelry. It Filed Its Return Of Income Declaring Total Income Of Rs. 49,97,390/- On 08.09.2012 Which Was Processed U/S 143(1) On 21.02.2013. Subsequently, The Ao Reopened The Assessment By Recording Reasons As Per Provisions Of Section 147. The Reasons To Believe Which Was Put Up Before The Ld.Pcit-2 For Approval & Which Has Been Reproduced By The Ao In The Body Of The Assessment Order Read As Under:-

For Appellant: Shri M.V.Joshi appeared for P.Murali Mohan Rao, CAFor Respondent: Shri Jeevan Lal

Section 143(1)Section 143(3)Section 147Section 148Section 263Section 68

…e two companies, but it is Rs.50 lakhs each i.e., Rs.1 crore. Thus, the facts mentioned in the reasons for reopening of the assessment are incorrect and non-existent. The Hon'ble Punjab & Haryana High Court in the case of CIT vs. Atlas Cycle Industries (1989) 180 ITR 319 (P & H) held as under : “Held (i) that the Tribunal was right in cancelling the reassessment as both the grounds on which the 14 JVR Retails Pvt.Ltd. reassessment notice was issued were not found to exist) and) therefore) the Income-tax Officer did not get jurisdiction to make a reassessment." 13.2. Since the facts are totally different as A.O. h…

M/S. Revera Milk & Foods Pvt. Ltd, Mumbai vs. ITO WD 3(3) (1), Mumbai

In the result, appeal by the assessee is allowed

ITA 1974/MUM/2021[2012-13]Status: DisposedITAT Mumbai24 Jan 2023AY 2012-13

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं. 1974/मुं/ 2021 ("न.व. 2012-13) M/S. Revera Milk & Foods Pvt. Ltd., 610, Tulsiyani Chambers, Nariman Point,Mumbai 400 021 Pan: Aadcm-0732-H ...... अपीलाथ" /Appellant बनाम Vs. Income Tax Officer, Ward 3(3)(1), 6Th Floor, Aaykar Bhavan, Mk Road, Mumbai – 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Tejinder Pal Singh Anand सुनवाई क" "त"थ/ Date Of Hearing : 04/01/2023 घोषणा क" "त"थ/ Date Of Pronouncement : 24/01/2023 आदेश/ Order

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Tejinder Pal Singh Anand

Section 131Section 143(3)Section 147

…(supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 319. The decision in Atlas Cycle Industries' case (supra) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) 7 a…

Pradeep Kumar, Jhujhunu vs. ITO Ward -2, Jhujhunu

In the result, appeal of the assessee is allowed

ITA 370/JPR/2022[2011-12]Status: DisposedITAT Jaipur11 Jan 2023AY 2011-12

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Sharwan Kumar Gupta, AdvocateFor Respondent: Ms Monisha Choudhary (JCIT)

Section 142(1)Section 143(3)Section 147Section 148Section 234A

…at, 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 vs. 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 tha…

Mohit Metals Private Limited, Bhiwadi vs. CIT (Appeals), NFAC

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

ITA 173/JPR/2022[2016-17]Status: DisposedITAT Jaipur14 Dec 2022AY 2016-17

For Appellant: Shri Praphull Mehta, CAFor Respondent: Mrs. Monisha Choudhary, JCIT

Section 147Section 40Section 69C

…the opinion, that other escaped income had come to his notice, subsequently, in the course of the proceedings is not legal and valid. There are plethora of judgements supporting our contention. Few such judgements are: 1. CIT v. Atlas Cycle Industries [1989] 180 ITR 319 (Punj. & Har.) 2. Aravali Kshetriya Gramin Bank v. Assistant Commissioner of Income-tax, Circle Sawaimadhopur (2018) 409 ITR 242 (RAJ) 3. CIT v. Shri Ram Singh 306 ITR 343 (RAJ) 4. CIT vs. Jet Airways 195 Taxman 117 (BOM) 5. Smt. Saraswati Devi v. ITO, Ward 1(2), Alwar ITA No.219/JP/2012 Jaipur) M/S. MOHIT METALS PRIVATE LTD VS ACIT, CIRCLE-2, A…

M/S. Rajlaxmi Petrochem Pvt.Ltd, Latur vs. Principal Commissioner of Income-Tax, Nashik

Appeals are allowed in above terms

ITA 210/PUN/2021[2012-13]Status: DisposedITAT Pune25 Nov 2022AY 2012-13

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Hariom TulsiyanFor Respondent: Shri Sardar Singh Meena &

Section 143(3)Section 147Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “B” BENCH : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA.Nos.1693 & 1694/PUN./2019 Assessment Years 2011-2012 & 2012-2013 M/s. Rajlaxmi Petrochem The Income Tax Officer, Pvt. Ltd., 842, Inani House, Ward – 1, Swati vs., Main Road, Latur – 413 512 Chambers, 1st Floor, Ausa Maharashtra Road, Latur – 413512 Maharashtra. (Appellant) (Respondent) ITA.No.210/PUN./2021 Assessment Year M/s. Rajlaxmi Petrochem The Income Tax Officer, Pvt. Ltd., 842, Inani House, Ward – 1, Swati vs., Main Road, Latur – 413 512 Chambers, 1st F…

M/S. Rajlaxmi Petrochem Pvt.Ltd, Latur vs. Income-Tax Officer, Ward - 1, Latur

Appeals are allowed in above terms

ITA 1694/PUN/2019[2012-13]Status: DisposedITAT Pune25 Nov 2022AY 2012-13

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Hariom TulsiyanFor Respondent: Shri Sardar Singh Meena &

Section 143(3)Section 147Section 148Section 263

M/S. Rajlaxmi Petrochem Pvt.Ltd, Latur vs. Income-Tax Officer, Ward - 1, Latur

Appeals are allowed in above terms

ITA 1693/PUN/2019[2011-12]Status: DisposedITAT Pune25 Nov 2022AY 2011-12

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Hariom TulsiyanFor Respondent: Shri Sardar Singh Meena &

Section 143(3)Section 147Section 148Section 263

Rajdeep Marketing Pvt. Ltd., Mumbai vs. ITO, WD. 3(3)(1), Mumbai

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

ITA 2053/MUM/2022[2012-13]Status: DisposedITAT Mumbai07 Nov 2022AY 2012-13

Section 147Section 148Section 194A

…(supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 3191. The decision in Atlas Cycle Industries' case (supra) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) and…

Commissioner of Income Tax (Exemption), Kolkata vs. B.P.Poddar Foundation for Education

In the result, the appeal filed by the revenue is dismissed and the

ITAT/143/2021HC Calcutta13 Sept 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 11(5)Section 13(1)(b)Section 13(1)(c)Section 13(1)(d)Section 133ASection 142(1)Section 143Section 143(2)Section 147Section 148

…Majinder Singh Kang Versus CIT and Ors.6 , CIT Versus Atlas Cycle Industries 7 and 3 (2011) 331 ITR 236 (Bom) 4 (2011) 336 ITR 136 5 2015 SCC Online Kar 7386 6 (2012) 344 ITR 358 (P&H) 7 (1989) 180 ITR 319 (P&H) ITAT NO. 143 OF 2021 Page 7 of 16 CIT Versus Shri Ram Singh 8 were taken note of and the said decision clearly applies to the facts of the case on hand. 6. Mr. Bagaria placed reliance on the decisions in Commissioner of Income Tax Versus Jet Airways (I) Limited 9, Ranbaxy Laboratories Ltd. Versus CIT 10, Principal Commi…

Smt Kiran Anil Shah, Mumbai vs. Prin. Comm of Income Tax -27, Mumbai

In the result, the appeal of the assesse is allowed

ITA 686/MUM/2022[2012-13]Status: DisposedITAT Mumbai08 Sept 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singhsmt. Kiran Anil Shah Vs. Pcit-27, 3Rd Floor, B-14, Plot No. R. No. 401, 4Th Floor, 33/34, Yogakshema Chs Tower No. 6, Vashi Ltd, Nathpai Nagar, Railway Station Ghatkopar- East, Commercial Complex, Mumbai – 400 077 Vavhi, Navi Mumbai 400 703 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Anrps9911N Appellant .. Respondent

For Appellant: Vijay MehtaFor Respondent: Tejinder Pal Singh

Section 143(3)Section 148Section 263Section 40A(3)

…the legality of which would be tested in the event of a challenge by the assessee. A similar view has been expressed by the Hon'ble Rajasthan High court in case of shri Ram Singh (306 ITR 343) and Punjab & Haryana High Court in case of Allas Cycle Industries (180 ITR 319). The Hon'be Delhi High Court in case of Software Consultants (21 Taxmann.com 155) held that where the AO did not make any additions on issues in respect of which reasons were recorded for issue of notice u/s 148, a general inference is that the AO could not have made addition on account new issue and, thus Commissioner could not have exercised r…

M/S Edelweiss Rural & Corporate Services Private Limited, Mumbai vs. JCIT Central Circle-1(2), Mumbai

In the result, appeal of the assessee for A

ITA 1041/MUM/2022[2015-16]Status: DisposedITAT Mumbai26 Aug 2022AY 2015-16

Section 127(2)Section 133ASection 143(1)Section 143(3)Section 147

…(supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 3191. The decision in Atlas Cycle Industries' case (supra) 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 non- existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) an…

M/S Edelweiss Rural & Corporate Services Private Limited (Earlier Know As M/S Edelweiss Commodities Services Limited), Mumbai vs. ACIT Central Circle-1(2), Mumbai

In the result, appeal of the assessee for A

ITA 1040/MUM/2022[2012-13]Status: DisposedITAT Mumbai26 Aug 2022AY 2012-13

Section 127(2)Section 133ASection 143(1)Section 143(3)Section 147

…(supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 3191. The decision in Atlas Cycle Industries' case (supra) 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 non- existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) an…

Shri Shantinath Bhagwan Jain Shwetambar Murtipujak Sangh, Pune vs. CIT, Exemption, Pune

Appeal is allowed

ITA 203/PUN/2021[2010-11]Status: DisposedITAT Pune23 Aug 2022AY 2010-11

Bench: Shri S.S. Godara & Shri G.D. Padmahshali

For Appellant: Shri V.L. JainFor Respondent: Shri Sardar Singh Meena

Section 147Section 148Section 148(2)Section 263

…(supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 3191. The decision in Atlas Cycle Industries' case (supra) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries' case (supra) and…

Income-Tax Officer, Ward - 1(1), Aurangabad vs. M/S. Hassab Realty Pvt.Ltd, Aurangabad

Appeal is dismissed in above terms

ITA 2341/PUN/2017[2012-13]Status: DisposedITAT Pune08 Aug 2022AY 2012-13

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.2341/Pun/2017 ननधधारण वषा / Assessment Year : 2012-13 .......अपऩलधथी / Appellant Ito, Ward -1(1), Aurangabad

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Arvind Desai

Section 143Section 68

…ngh (supra), Expln. 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 & Haryana High Court in CIT vs. Atlas Cycle Industries (1989) 180 ITR 319 (P&H) : (1989) 10 A.Y. : 2012-13 M/s. Hassab Realty Pvt. Ltd., 46 Taxman 315 (P&H). The decision in Atlas Cycle Industries (supra) held that the AO did not have jurisdiction to proceed with the reassessment, once he found that the two grounds mentioned in the notice under s. 148 were incorrect or nonexistent. The decisions of the Punjab & Harya…

Ramkrushna Zilbaji Thakre, Nagpur vs. Income Tax Officer, Wrad -4(4), Nagpur

In the result, appeal of the assessee is allowed

ITA 207/NAG/2018[2010-11]Status: DisposedITAT Nagpur15 Jul 2022AY 2010-11

For Appellant: Dr. Milind Bhusare, AdvocateFor Respondent: Shri Vitthal M. Bhosale, Jt. CIT

Section 143(3)Section 147Section 148Section 234BSection 68

…आयकर अपीऱीय अधिकरण, नागपुर न्यायपीठ, नागपुर IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH NAGPUR BEFORE SHRI SANDEEP GOSAIN, JM & SHRI ARUN KHODPIA, AM आयकर अपीऱ सं./ITA No.207/NAG/2018 Assessment Year. : 2010-2011) Vs ITO, Ward-4(4), Nagpur Ramkrushna Zilbaji Thakre, 104, Gurudeo Nagar, Nandanwan Road, Nagpur-440009 PAN No. : AHRPT 6797 M (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Dr. Milind Bhusare, Advocate िाजस्व की ओर से /Revenue by : Shri Vitthal M. Bhosale, Jt. CIT सुनवाई की तािीख / Date of Hearing : 28/04/2022 घोषणा की तािीख/Date of Pronouncement : 15/07/2022 आद…

M/S. Shi vs. Hakti Shetkari Sahakari Sakhar Karkhana Limited, Osmanabad

Appeal is allowed in above terms

ITA 1166/PUN/2018[2011-12]Status: DisposedITAT Pune14 Jul 2022AY 2011-12

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2011-12 M/S. Shivshakti Shetkari Vs. Dcit, Sahakari Sakhar Karkhana Circle-3, Limited, Nanded Washi Dist., Osmanabad. Pan : Aacts1082Q Appellant Respondent

Section 143(3)Section 147Section 148

…Ram Singh's case (supra), Explanation 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 & Haryana High Court in CIT v. Atlas Cycle 180 ITR 3191. Industries [1989] The decision in Atlas Cycle Industries' case (supra) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industrie…

Harish Chander, Faridabad vs. ITO, Ward-1(3), Faridabad

In the result assessee’s appeal is partly allowed for statistical purposes

ITA 1910/DEL/2021[2012-13]Status: DisposedITAT Delhi10 Jun 2022AY 2012-13

Bench: Shri Kul Bharat[Assessment Year: 2012-13

Section 142(1)Section 144Section 147Section 148Section 56(2)(v)

…to tax has escaped assessment Thus, the A.O. would not get jurisdiction to reopen the assessment on such wrong facts recorded for reopening assessment. Reliance is also placed on the judgements of 4 Harish Chander Vs. ITO CIT v. Atlas Cycle Industries [1989] 180 ITR 319 [P&H] Pr. CIT v. SNG Developers Ltd [2018] 404 ITR 312 (Del.) Shamshad Khan v. ACIT [2017] 395 ITR 265 (Del.)” 4. On the contrary, learned DR opposed the submissions and supported the orders of the authorities below. 5. I have heard the rival contentions of the parties. There is no dispute with regard to the fact that cash was deposited in th…