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

Issues it is cited on

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

Judgments citing CIT v. Atlas Cycle Industries

Gm Overseas, New Delhi vs. ACIT Circle-48(1), New Delhi

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

ITA 1891/DEL/2020[2010-11]Status: DisposedITAT Delhi21 Mar 2022AY 2010-11
For Appellant: Shri Suresh Gupta, CAFor Respondent: Shri Hemant Gupta, Sr. DR
Section 131ASection 133ASection 143(3)Section 147

…had Khan vs ACIT 395 ITR 265 (Del); (ii) Pr CIT vs M/s SNG Developers Ltd, 404 ITR 312 (Del); (iii) CIT vs Suren International Pvt Ltd., 357 ITR 24 (Del); (iv) Pr. CIT vs. RMG Polyvinyl (I) Ltd (2017) 396 ITR 5 (Del); (v) CIT vs. Atlas Cycle industries (1989) 180 ITR 319 (P&H); (vi) Siemens Information System Ltd., vs. ACIT & Others (2007) 293 ITR 548 (Bom.); (vii) Ankita A. Choksey vs. Income Tax Officer And Others (2019) 411 ITR 207 (Bom.); (viii) DCIT vs M/s KLA Foods (India) Ltd and othrs ITA No.2846/Del/2015 dt: 08.04.2019; (ix) M/s SPJ Hotels P Ltd ITA No.2857/Del/2017; (x) M/s Superior Buildwell P Ltd ITA…

Bansal Rice Traders, Sangrur vs. ITO-Ward, Sangrur

In the result, appeal of the assessee is allowed

ITA 90/CHANDI/2020[2010-11]Status: DisposedITAT Chandigarh31 Jan 2022AY 2010-11
For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Dr. Ranjit Kaur, Sr. DR
Section 144Section 148

…R-TRIB • Commissioner of Income Tax V/s Naveen Chander 323 ITR 49 P&H-HC • Monika Rani V/s The Income Tax Officer ITA NO.582/CHD/2019 CHD-TRIB • Gaurav Joshi V/s The Income Tax Officer 55 CCH 83 JAL-TRIB • Commissioner of Income Tax V/s Atlas Cycle Industries 180 ITR 319 P&H-HC • Sagar Enterprises V/s Assistant Commissioner of Income Tax 257 ITR 335 GUJ-HC • Prabha Goyal V/s The Income Tax Officer ITA NO.1139/CHD/2017 CHD-TRIB • Amrik Singh V/s Income Tax Officer 142 DTR 6 ASR-TRIB-SMC • Smt. Charanjit Kaur Vs ITO as reported in [2021] 88 ITR (Trib.) 41 • Sh. Jaspal Singh Vs ITO as reported in [2021] 88 ITR (Trib…

ACIT, Jammu vs. Sh Vikramaditya Singh, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 269/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…s when the learned CIT(A) had held that, no gain had accrued to the assessees. In other words, the foundation on which the structure was proposed did not exist. This is what has been held by High Court in the case of CIT vs. Atlas Cycle Industries reported in 180 ITR 319 and, Allahabad High Court in the case of Farrukhabad Gramin Bank v ITO reported in 273 ITR 113 and Bucyrus India (P.) Ltd. vs. DCIT reported in [2016] 65 taxmann.com 53 (Kolkata - Trib.). He submitted that, order of assessment 79 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, in the ca…

ACIT, Cir-II, Jammu vs. Smt. Yashorajya Laxmi, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 268/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…s when the learned CIT(A) had held that, no gain had accrued to the assessees. In other words, the foundation on which the structure was proposed did not exist. This is what has been held by High Court in the case of CIT vs. Atlas Cycle Industries reported in 180 ITR 319 and, Allahabad High Court in the case of Farrukhabad Gramin Bank v ITO reported in 273 ITR 113 and Bucyrus India (P.) Ltd. vs. DCIT reported in [2016] 65 taxmann.com 53 (Kolkata - Trib.). He submitted that, order of assessment 79 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, in the ca…

ACIT, Jammu vs. Dr Karan Singh, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 267/ASR/2007[1998-99\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Delhi24 Jan 2022

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…s when the learned CIT(A) had held that, no gain had accrued to the assessees. In other words, the foundation on which the structure was proposed did not exist. This is what has been held by High Court in the case of CIT vs. Atlas Cycle Industries reported in 180 ITR 319 and, Allahabad High Court in the case of Farrukhabad Gramin Bank v ITO reported in 273 ITR 113 and Bucyrus India (P.) Ltd. vs. DCIT reported in [2016] 65 taxmann.com 53 (Kolkata - Trib.). He submitted that, order of assessment 79 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, in the ca…

ACIT, Jammu vs. Sh M.K. Ajat Shatru, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…s when the learned CIT(A) had held that, no gain had accrued to the assessees. In other words, the foundation on which the structure was proposed did not exist. This is what has been held by High Court in the case of CIT vs. Atlas Cycle Industries reported in 180 ITR 319 and, Allahabad High Court in the case of Farrukhabad Gramin Bank v ITO reported in 273 ITR 113 and Bucyrus India (P.) Ltd. vs. DCIT reported in [2016] 65 taxmann.com 53 (Kolkata - Trib.). He submitted that, order of assessment 79 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, in the ca…

Vijayshree Food Products P.Ltd, New Delhi vs. ACIT, Central Circle-30, New Delhi

In the result, both these appeals are partly allowed

ITA 587/DEL/2019[2014-15]Status: DisposedITAT Delhi06 Dec 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Vijayshree Food Products P. Ltd., Vs. Acit, C/O Ravi Gupta, Advocate, Central Circle-30, E-6A, Kailash Colony, New Delhi. New Delhi. Pan: Aaccv4721C (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Prakash Dubey, Sr.Dr Date Of Hearing : 09.09.2021 Date Of Pronouncement : 06.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th December, 2018 Of The Cit(A)-30, New Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Export Of Tobacco Products. It Filed Its Return Of Income On 30Th September, 2014 Declaring The Loss Of Rs.18,78,467/-. The Return Was Processed U/S 143(1) Of The Act On 26Th November, 2014 At The Returned Income. Subsequently, The Ao Reopened The Assessment As Per The Provisions Of Section 147 Of The Act By Recording The Following Reasons:-

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Prakash Dubey, Sr.DR
Section 131Section 131(1)(d)Section 132Section 132(4)Section 143(1)Section 147Section 148Section 68

…f that income of assessee has escaped assessment. 8.6 Referring to the following decisions, he submitted that if the AO mentioned wrong facts which are contrary to the records, then assumption of jurisdiction is bad in law:- i. CIT Vs. Atlas Cycle Industries 180 ITR 319( P&H) ii. Pr. CIT Vs. SNG Developers Ltd. 404 ITR 312(Del) iii. Shamshad Khan vs. ACIT 395 ITR 265;(Del) iv. Siemens Information System Ltd. Vs. ACIT 293 ITR 548.(Bom) v. CIT Vs Rainee Singh 330 ITR 417(Del) vi. VSR Enterprises- ITA No 1856/Del/2016- dated 17.02.2021. vii. Shri Natrajan Monie- ITA NO 1817/Del/2017- dated-07.12.2020. viii. SJM int…

Parveen Kumar Mittal, Yamuna Nagar vs. Pr.CIT, Panchkula

The appeal of the assessee is allowed in above terms

ITA 22/CHANDI/2021[2011-12]Status: DisposedITAT Chandigarh02 Nov 2021AY 2011-12

Bench: Us Raising The Following Grounds:

For Appellant: Shri Rohit Goel, CAFor Respondent: Shri Sandeep Dahiya, CIT
Section 143(3)Section 147Section 263Section 36(1)(iii)

…pon the following case laws that the reopening based on incorrect facts rendered the assessment order null and void: 1) Monika Rani, ITA No.582/Chd/2019, dated 18.02.2020. 2) Tej Pal Bhardwaj, ITANo.464/Chd/2019, dated 13.05.2021. 3) Atlas Cycle Industries, 180 ITR 319. 6. Ld. Counsel for the assessee also challenged the jurisdiction assumed u/s 147 of the Act by the AO contending A.Y. 2011-12 Page 7 of 22 that except for the AIR/NMS information of cash deposit in the bank account of the assessee, which by itself did not constitute tangible material for formation of belief of escapement of income, there was…

ACIT, New Delhi vs. M/S. Maharaji Education Trust, Ghaziabad

The appeal are dismissed

ITA 5138/DEL/2016[2007-08]Status: DisposedITAT Delhi13 Oct 2021AY 2007-08

Bench: Shri Kuldip Singh & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Suresh Gupta, C. AFor Respondent: Ms. Paramita M. Biswas[CIT]–
Section 11Section 12ASection 132Section 133ASection 143(1)Section 143(2)Section 143(3)Section 68Section 69Section 69C

…approved by Hon’ble Apex Court by dismissing SLP of revenue in SLP © 42379/2017 Dt: 09.02.2018; iv. CIT vs Suren International Pvt Ltd 357 ITR 24 (Del); v. Pr. CIT vs. RMG Polyvinyl (I) Ltd (2017) 396 ITR 5 (Del), vi. CIT vs., Atlas Cycle industries (1989) 180 ITR 319 (P&H); vii. Siemens Information System Ltd., vs. ACIT & Others (2007) 293 ITR 548 (Bom.); viii. Ankita A. Choksey vs. Income Tax Officer And Others (2019) 411 ITR 207 (Bon.); ix. DCIT vs M/s KLA Foods (India) Ltd and others ITA No.2846/Del/2015 dt: 08.04.2019 x. M/s SPJ Hotels P Ltd ITA No.2857/Del/2017, xi. M/s Superior Build well P Ltd ITA…

Aditi Aggarwal, Ambala Cantt vs. Pr.CIT, Panchkula

In the result, appeal of the Assessee is allowed

ITA 21/CHANDI/2021[2011-12]Status: DisposedITAT Chandigarh20 Sept 2021AY 2011-12

Bench: Or At The Time Of Hearing Of Case.

For Appellant: Shri Rohit Goel, C.AFor Respondent: Smt. C. Chandrakanta, CIT
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 263

…utiful Hotels and Resorts Pvt. Ltd. in ITA No. 554/Chd/2017 (Chd Trib) order dt. 04/10/2018 • PCIT Vs. Delhi Airport Metro Express Pvt. Ltd. [2017](9) TMI 529 (Del) • CIT Vs. Anil Kumar reported in 335 ITR 83 (Del) • CIT Vs. Atlas Cycle Industries reported in 180 ITR 319 (P&H) • CIT Vs. Sohana Woollen Mills [2008] 296 ITR 238 (P&H) 6.4 The Ld. Counsel for the assessee submitted that the proceedings for reopening of the assessment under section 148 of the Act were initiated in respect of three co-owners i.e; the assessee, Smt. Monica and Smt. Swati but the proceedings under section 263 of the Act were initiated o…

Shri Sandeep Mehta, Neemuch vs. Income Tax Officer, Neemuch

In the result, we answer the question in the affirmative i

ITA 71/IND/2018[2009-10]Status: DisposedITAT Indore17 Aug 2021AY 2009-10

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2009-10 वष" Shri Sandeep Mehta, The Income Tax Officer, S/O. Shri Jay Singh Mehta, Vs Neemuch Vijay Talkies Chouraha, Neemuch (Mp) Pan : Adbpm 8174 B "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By : Shri Harshit Bari, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Ujjain (Mp) Dated 28.11.2017 Passed For Assessment Year 2009-10. 2. In The First Ground Of Appeal, The Assessee Has Challenged Reopening Of Assessment By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961. 3. The Learned Counsel For The Assessee, While Impugning The Orders Of The Revenue Authorities, Contended That The Assessment Was Reopened For The Reason That The Assessee Has Made Cash Deposits Amounting To Rs.11,00,000/-, Without Disclosing The Source Of Deposits & This

For Appellant: Shri S.N. Agrawal &For Respondent: Shri Harshit Bari, Sr. DR
Section 147Section 148

…147 of the Act which had arisen on account of certain judicial pronouncements. We have noticed that prior to enactment of Explanation 3 to Section 147, Punjab and Haryana High Court in case of Commissioner of Income Tax Vs. Atlas Cycle Industries reported in 180 ITR 319 (supra) had taken a restricted view of the power of the Assessing Officer to make any addition on the grounds not mentioned in the reasons recorded for reopening the assessment. We may also notice that Kerela High Court in case of Travencore Cements Ltd. Vs. Assistant Commissioner of Income-Tax and anr reported in 305 ITR 170 had taken somewhat s…

ITO, Ward-2(2)(2), Ahmedabad vs. Jasmin Jayendrabhai Thakkar, Ahmedabad

In the result, we answer the question in the affirmative i

ITA 1331/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad02 Aug 2021AY 2011-12

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Virendra Ojha, CIT-DR &
Section 147Section 148Section 151

…147 of the Act which had arisen on account of certain judicial pronouncements. We have noticed that prior to enactment of Explanation 3 to Section 147, Punjab and Haryana High Court in case of Commissioner of Income Tax Vs. Atlas Cycle Industries reported in 180 ITR 319 (supra) had taken a restricted view of the power of the Assessing Officer to make any addition on the grounds not mentioned in the reasons recorded for reopening the assessment. We may also notice that Kerela High Court in case of Travencore Cements Ltd. Vs. Assistant Commissioner of Income-Tax and anr reported in 305 ITR 170 had taken somewhat s…

ITO, Ward-2(2)(2), Ahmedabad vs. Jasmin Jayendrabhai Thakkar, Ahmedabad

In the result, we answer the question in the affirmative i

ITA 1330/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad02 Aug 2021AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri Vartik Chokshi, ARFor Respondent: Shri Virendra Ojha, CIT-DR &
Section 147Section 148Section 151

…147 of the Act which had arisen on account of certain judicial pronouncements. We have noticed that prior to enactment of Explanation 3 to Section 147, Punjab and Haryana High Court in case of Commissioner of Income Tax Vs. Atlas Cycle Industries reported in 180 ITR 319 (supra) had taken a restricted view of the power of the Assessing Officer to make any addition on the grounds not mentioned in the reasons recorded for reopening the assessment. We may also notice that Kerela High Court in case of Travencore Cements Ltd. Vs. Assistant Commissioner of Income-Tax and anr reported in 305 ITR 170 had taken somewhat s…

Shri Vijay Kumar Agarwal, Jaipur vs. Income Tax Officer, Ward-4-2, Jaipur

In the result, this appeal of the assessee is allowed

ITA 59/JPR/2019[2011-12]Status: DisposedITAT Jaipur24 May 2021AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 59/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Vijay Kumar Agarwal, Cuke I.T.O., Vs. 7/58, Vidhyadhar Nagar, Ward 4(2), Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Advpa 6150 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Pravin Kr. Saraswat (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 15/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A), Ajmer Dated 27/12/2018 For The A.Y. 2011-12 In The Matter Of Order Passed U/S 143(3) Read With Section 147 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. The Learned C.I.T. (A) Has Erred For Not Considering The Issue For Validity Of Issue Notice U/S 148 Of I.T. Act, 1961, While There Was No Escapement Of Income On Part Of Assessee. The Initiation Of Proceedings Was Only On Behest Of I.T.O. Ward 3(2), Who Has Intimated To A.O. For Advancement Of Loan Rs.53,95,000/- Given By Assessee To Pooja Agarwal, While Concern A.O. Has Accepted Said Loan In Her Hands After Detailed Examination. Hence Initiation Of 2

For Appellant: Shri Pravin Kr. Saraswat (CA)For Respondent: Smt. Rooni Paul (Addl.CIT)
Section 143(3)Section 147Section 148Section 148(2)Section 151

…ose proceedings ceased to survive. Consequently, we answer the first part of question in affirmative in favour of Revenue and the second part of the question against the Revenue.” e) In case of Commissioner of Income Tax Vs. Atlas Cycle Industries reported in 180 ITR 319 Hon’ble Punjab and Haryana High Court had observed as under: “ Adverting to the question referred regarding the reassessment proceedings, 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…

M/S Shri Shyam Sunder Infrastructure (P) Ltd., Delhi vs. ITO, New Delhi

In the result, appeal of the Assessee allowed

ITA 2106/DEL/2013[2003-04]Status: DisposedITAT Delhi19 May 2021AY 2003-04

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

For Appellant: Shri Vinod Kumar Bindal, CAFor Respondent: Shri Prakash Dubey, Sr. DR
Section 131Section 144Section 147Section 148Section 68

…of the assessment. Learned Counsel for the Assessee filed copy of the reasons recorded for reopening of the assessment at Page-18 of PB-1 which is reproduced above. The Hon’ble Punjab & Haryana High Court in the case of CIT vs., Atlas Cycle Industries [1989] 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 14 ITA.No.2106/Del./2013 Shri Shyam Sunder Infrastructure (P) Ltd., [Formerly known as M/s. Shalom Exim (P) Ltd., and then as Mamram Developers P. Ltd.,] Delhi. found to exist, and, ther…

M/S vs. R Enterprises, New Delhi

In the result, appeal of the Assessee allowed

ITA 1855/DEL/2016[2007-08]Status: DisposedITAT Delhi18 May 2021AY 2007-08

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year : 2007-08

For Appellant: Sh. P.C. Yadav, AdvFor Respondent: Sh. Prakash Dubey, Sr. DR
Section 147Section 148Section 68

…igation out of information. Such exercise should have been prior to recording of the reasons. In support of our findings, we rely upon the following decisions. 6.2. 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 reassessment notice was issued were not found to exist, and, therefore, the Income-tax Officer did not get jurisdiction to make the reassessment.” 6.3. The Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Develope…

Sungrow Impex Private Limited, New Delhi vs. ITO Ward-24(3), New Delhi

In the result appeal of assessee allowed

ITA 4183/DEL/2019[2010-11]Status: DisposedITAT Delhi19 Mar 2021AY 2010-11

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Prakash Dubey, Sr. D.R
Section 143(1)Section 147Section 148Section 68

…contention also relied upon following decisions: 31 ITA.No.4183/Del./2019 M/s. Sungrow Impex Private Limited, New Delhi. 1. Shamshad Khan vs. ACIT 395 ITR 265 (Del.) 2. Pr. CIT vs. M/s SNG Developers Ltd. 404 ITR 312 (Del.). 3. CIT vs. Atlas Cycle Industries 180 ITR 319(P&H) 4. Siemens Information System Ltd. vs. ACIT 293 ITR 548 (Bom.). 15. On the other hand, Ld. DR relied upon the orders of the authorities below and submitted that since the assessee did not disclose bank account so AO applied his mind to the information received from Investigation Wing. Exact amount cannot be determined at the time of initiat…

Savita Holdings Pvt. Ltd., Delhi vs. ITO, Ward- 22(4), New Delhi

ITA 1389/DEL/2019[2010-11]Status: DisposedITAT Delhi19 Mar 2021AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

For Appellant: Shri Suresh Kumar Gupta, C.AFor Respondent: Shri Prakash Dubey, Sr. D.R
Section 143(1)Section 147Section 148Section 68Section 69A

…as been dismissed by the Supreme Court vide order dated 09.02.2018. He has also relied upon the judgment of Delhi 12 ITA.No.1389/Del./2019 High Court in the case of Shamshad Khan 395 ITR 265 (Del.), judgment of (P&H) in the case of Atlas Cycle Industries 180 ITR 319 and judgment of Bombay High Court in the case of Siemens Information System Ltd. 293 ITR 548. None of the annexure referred by the AO in the assessment order have any reference in the reasons for reopening of the assessment. The AO in the show-cause notice dated 23.02.2016 (PB 55) has stated that as per annexure A seized from S.K. Jain group…

Karan Khurana, Delhi vs. ITO, Ward- 48(2), New Delhi

In the result, the appeal of assessee is allowed

ITA 1783/DEL/2019[2010-11]Status: DisposedITAT Delhi17 Mar 2021AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

For Appellant: Shri Suresh Gupta, C.AFor Respondent: Shri N.K. Bansal, Sr. D.R
Section 147Section 148Section 149(1)(b)Section 151

…stand deleted.” 14.1 Ld. Counsel for assessee in support of the above contention also relied upon following decisions: 1. Shamshad Khan vs. ACIT 395 ITR 265 (Del.) 2. Pr. CIT vs. M/s SNG Developers Ltd. 404 ITR 312 (Del.). 3. CIT vs. Atlas Cycle Industries 180 ITR 319(P&H) 4. Siemens Information System Ltd. vs. ACIT 293 ITR 548 (Bom.). 15. On the other hand, Ld. DR relied upon the orders of the authorities below and submitted that since the assessee did not disclose bank account so AO applied his mind to the information received from Investigation Wing. Exact amount cannot be determined at the time of initia…

Bishan Sharup Gupta, Delhi vs. ITO, Ward- 45(4), New Delhi

In the result, appeal of the Assessee allowed

ITA 8083/DEL/2019[2010-11]Status: DisposedITAT Delhi19 Feb 2021AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri Ved Prakash Mishra, Sr. D.R
Section 131Section 147Section 148

…igation out of information. Such exercise should have been prior to recording of the reasons. In support of our findings, we rely upon the following decisions. 6.2. 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 reassessment notice was issued were not found to exist, and, therefore, the Income-tax Officer did not get jurisdiction to make the reassessment.” 6.3. The Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Develope…