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 367,154 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

M/S vs. R Enterprises, New Delhi

In the result, appeal of the Assessee allowed

ITA 1856/DEL/2016[2008-09]Status: DisposedITAT Delhi17 Feb 2021AY 2008-09

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

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

…prior to recording of the reasons. In support of our findings, we rely upon the following decisions. 26 ITA.No.1856/Del./2016 M/s. VSR Enterprises, New Delhi. 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…

Anita Chaudhary, Muzaffarnagar vs. ITO, Ward-2(5), Khatuli

In the result, appeal of assessee is allowed

ITA 1095/DEL/2018[2012-13]Status: DisposedITAT Delhi05 Feb 2021AY 2012-13

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Gaurav Bansal, C.AFor Respondent: Shri Rajesh Kumar, Sr. D.R
Section 147Section 148Section 151(2)Section 69A

…recorded reasons for reopening of the assessment. Thus, the reopening of the assessment cannot be sustained in Law. We are fortified in our view by the Judgments of the Hon’ble Punjab & Haryana High Court in the case of CIT vs., Atlas Cycle Industries [1989] 180 ITR 319 [P&H], Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., [2018] 404 ITR 312 (Del.), Judgment of Hon’ble Delhi High Court in the case of Shamshad Khan vs., ACIT [2017] 395 ITR 265 (Del.) and Judgment of Hon’ble Bombay High Court in the case of Siemens Information Systems Ltd., vs., ACIT & Others [2007] 293 ITR 5…

R.S. Shares & Securities Ltd., New Delhi vs. ITO, Ward- 20(4), New Delhi

In the result, the appeal of assessee is allowed

ITA 8031/DEL/2018[2010-11]Status: DisposedITAT Delhi02 Feb 2021AY 2010-11

Bench: Shri Bhavnesh Saini

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri Prakash Dubey, Sr. DR
Section 143(3)Section 147Section 148

…roval granted is also in most mechanical manner. Thus, the reopening of the assessment cannot be justified. In support of above findings, I rely upon following decisions: 1. Judgment of Punjab & Haryana High Court in the case of CIT Vs. Atlas Cycle Industries 180 ITR 319; 2. Judgment of Delhi High Court in the case of Pr. CIT Vs. SNG Developers Ltd. 404 ITR 312; 3. Judgment of Delhi High Court in the case of Shamshad Khan vs. ACIT 395 ITR 265; 4. Judgment of Bombay High Court in the case of Siemens Information System Ltd. Vs. ACIT 293 ITR 548. The crux of the above judgments have been that in case incorrect, wron…

Madhu Apartment Pvt. Ltd., Delhi vs. ITO, Ward- 16(1), New Delhi

In the result, appeal of the Assessee allowed

ITA 3870/DEL/2018[2010-11]Status: DisposedITAT Delhi02 Feb 2021AY 2010-11

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

For Appellant: Shri Suresh K. Gupta, C.AFor Respondent: Shri Prakash Dubey , Sr. DR
Section 147Section 151Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC-1” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.Nos.3869 & 3870/Del./2018 Assessment Years 2009-2010 & 2010-2011 M/s. Madhu Apartment The Income Tax Officer, Private Limited, B-29, P-1, vs. Ward – 16 (1), Ashok Vihar, Delhi-052. PAN New Delhi. AAACM0148E (Appellant) (Respondent) For Assessee : Shri Suresh K. Gupta, C.A. For Revenue : Shri Prakash Dubey , Sr. DR Date of Hearing : 21.01.2021 Date of Pronouncement : 01.02.2021 ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed again…

Madhu Apartment Pvt. Ltd., Delhi vs. ITO, Ward- 16(1), New Delhi

In the result, appeal of the Assessee allowed

ITA 3869/DEL/2018[2009-10]Status: DisposedITAT Delhi02 Feb 2021AY 2009-10

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

For Appellant: Shri Suresh K. Gupta, C.AFor Respondent: Shri Prakash Dubey , Sr. DR
Section 147Section 151Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC-1” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.Nos.3869 & 3870/Del./2018 Assessment Years 2009-2010 & 2010-2011 M/s. Madhu Apartment The Income Tax Officer, Private Limited, B-29, P-1, vs. Ward – 16 (1), Ashok Vihar, Delhi-052. PAN New Delhi. AAACM0148E (Appellant) (Respondent) For Assessee : Shri Suresh K. Gupta, C.A. For Revenue : Shri Prakash Dubey , Sr. DR Date of Hearing : 21.01.2021 Date of Pronouncement : 01.02.2021 ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed again…

Smt. Sheela Yogi, Jaipur vs. Income Tax Officer, Jaipur

In the result, ground no. 3 & 4 of the assessee’s appeal are allowed

ITA 398/JPR/2018[2010-11]Status: DisposedITAT Jaipur02 Feb 2021AY 2010-11

Bench: Him Under Rule 46A Of The Income Tax Act, 1962. 2(I) On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act.

For Appellant: Sh. Vedant Agarwal (Adv.)For Respondent: Smt. Runi Pal (JCIT)
Section 131Section 133(6)Section 143(2)Section 147Section 68

…rliament would not take 16 Sheela Yogi, Jaipur Vs. ITO, Jaipur 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 Asses sing 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) a…

Vikas Chowdhary, New Delhi vs. ITO Ward - 36(4), New Delhi

In the result, appeal of the Assessee allowed

ITA 9742/DEL/2019[2011-12]Status: DisposedITAT Delhi01 Feb 2021AY 2011-12

Bench: Shri Bhavnesh Saini

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri Prakash Dubey, Sr. DR
Section 133(6)Section 139(1)Section 147Section 148Section 69

…tigation 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.” 17 ITA.No 9742/Del./2019 6.3. The Hon’ble Delhi High Court in the case of…

Neel Kant Chaudhary, Muzaffarnafar vs. ITO, Ward-2(5), Khatauli

In the result, appeal of assessee is allowed

ITA 1135/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Jan 2021AY 2012-13

Bench: Shri Bhavnesh Saini

For Appellant: For RevenueFor Respondent: Shri Prakash Dubey, Sr. DR
Section 143(1)Section 147Section 148Section 68Section 69A

…ening of the assessment. Thus, the reopening of the assessment cannot be 12 ITA.No.1135/Del./2018 sustained in Law. We are fortified in our view by the Judgments of the Hon’ble Punjab & Haryana High Court in the case of CIT vs., Atlas Cycle Industries [1989] 180 ITR 319 [P&H], Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., [2018] 404 ITR 312 (Del.), Judgment of Hon’ble Delhi High Court in the case of Shamshad Khan vs., ACIT [2017] 395 ITR 265 (Del.) and Judgment of Hon’ble Bombay High Court in the case of Siemens Information Systems Ltd., vs., ACIT & Others [2007] 293 ITR 5…

Dheeraj Yadav, Gurgaon vs. ITO Ward - 46(5), New Delhi

In the result, appeal of the Assessee allowed

ITA 6701/DEL/2019[2011-12]Status: DisposedITAT Delhi01 Jan 2021AY 2011-12

Bench: Shri Bhavnesh Saini & Shri Anil Chaturvedi

For Appellant: Shri Shantanu Jain, AdvocateFor Respondent: Mr. Sri Prakash Dubey, Sr.DR
Section 147Section 149(1)Section 151(3)Section 69A

…the reopening of the assessment cannot be sustained in Law. We are fortified in our view by the Judgments of the Hon’ble Punjab & Haryana High Court in the case of CIT vs., 17 ITA.No.6701/Del./2019 Shri Dheeraj Yadav, Gurgaon. Atlas Cycle Industries [1989] 180 ITR 319 [P&H], Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., [2018] 404 ITR 312 (Del.), Judgment of Hon’ble Delhi High Court in the case of Shamshad Khan vs., ACIT [2017] 395 ITR 265 (Del.) and Judgment of Hon’ble Bombay High Court in the case of Siemens Information Systems Ltd., vs., ACIT & Others [2007] 293…

Maheshwari Roller Flour Mills Pvt Ltd, New Delhi vs. ITO Ward - 16(1), New Delhi

In the result, appeal of the Assessee allowed

ITA 4257/DEL/2019[2009-10]Status: DisposedITAT Delhi15 Dec 2020AY 2009-10

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

For Appellant: Shri Raj Kumar, C.AFor Respondent: Shri Prakash Duby, Sr. DR
Section 143(1)Section 147Section 148Section 150(1)Section 150(2)Section 2Section 68Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC-II” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA.No.4257/Del./2019 Assessment Year 2009-2010 Maheshwari Roller Flour Mills Pvt. Ltd., New Delhi. The Income Tax Officer, PAN AAACM1075C [vs. C/o. Raj Kumar & Ward – 16 (1), Associates, CA, L-7A (LGF), South Extn. Part-II, New Delhi. New Delhi – 110 002. (Applicant) (Respondent) For Assessee : Shri Raj Kumar, C.A. Shri Sumit Goel, C.A. For Revenue : Shri Prakash Duby, Sr. DR Date of Hearing : 10.12.2020 Date of Pronouncement : 17.12.2020 ORDER PER BHAVNESH SAI…

Natrajan Monie, Gurgaon vs. ITO, Gurgaon

In the result, appeal of the Assessee allowed

ITA 1817/DEL/2017[2011-12]Status: DisposedITAT Delhi07 Dec 2020AY 2011-12

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Ms. Rinku Singh, Sr.DR
Section 147Section 148

…een prior to recording of the reasons. In support of our findings, we rely upon the following decisions. 12 ITA.No.1817/Del./2017 Shri Natrajan Monie, Gurgaon. 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…

Designarch Infrastructure P.Ltd, New Delhi vs. ITO, Ward-7(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 8199/DEL/2019[2010-11]Status: DisposedITAT Delhi21 Oct 2020AY 2010-11

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 8199/Del/2019 : Asstt. Year : 2010-11 Designarch Infrastructure Pvt. Ltd., Vs. Income Tax Officer, L-7A(Lgf), South Extension, Part-Ii, Ward-7(1), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aacfi4218C Assessee By : Sh. Raj Kumar, Ca Revenue By : Sh. Jagdish Singh, Sr. Dr Date Of Hearing: 12.10.2020 Date Of Pronouncement: 21.10.2020

For Appellant: Sh. Raj Kumar, CAFor Respondent: Sh. Jagdish Singh, Sr. DR
Section 127(1)Section 143(3)Section 147Section 148Section 151Section 68

…r 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…

Vrc Township P Ltd., Delhi vs. ITO, New Delhi

In the result, appeal of the Assessee allowed

ITA 1503/DEL/2017[2007-08]Status: DisposedITAT Delhi14 Oct 2020AY 2007-08

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

For Appellant: Shri Suresh K. Gupta, C.AFor Respondent: Ms. Shalini Verma, Sr. D.R
Section 143(1)Section 147Section 148Section 151Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “G” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA.No.1503/Del./2017 Assessment Year 2007-2008 VRC Township Pvt. Ltd., The Income Tax Officer, Plot No.16, Rohtak Road, Paschim Vihar Ext. Ward – 17 (1), [vs. Paschim Vihar, Delhi. PIN – 110 063. New Delhi. PAN AACCV1750F (Appellant) (Respondent) For Assessee : Shri Suresh K. Gupta, C.A. For Revenue : Ms. Shalini Verma, Sr. D.R. Date of Hearing : 13.10.2020 Date of Pronouncement : 14.10.2020 ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed…

M/S. Shree Balkishan Agarwal Glass Industries Ltd., Delhi vs. DCIT, New Delhi

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

ITA 5798/DEL/2016[2005-06]Status: DisposedITAT Delhi18 Sept 2020AY 2005-06

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2005-06 Shree Balkishan Agarwal Glass Vs Dcit, Industries Ltd., Circle-8(1), C/O Sarvam & Associates, New Delhi. 403, Klj Tower North, B-5, Netaji Subhash Place, District Centre, Pitampura, Delhi. Pan: Aabcs2870C (Appellant) (Respondent) Assessee By : Shri Suresh Gupta, Ca Revenue By : Shri Saras Kumar, Sr. Dr Date Of Hearing : 26.08.2020 Date Of Pronouncement : 21.09.2020 Order Per R.K. Panda, Am:

For Appellant: Shri Suresh Gupta, CAFor Respondent: Shri Saras Kumar, Sr. DR
Section 139Section 142(1)Section 143(1)Section 147Section 148

…as filed under Section 139. Relying on the following decisions he submitted that the reassessment proceedings should be held as void when the same is based on wrong facts:- i) Shamshad Khan vs ACIT 395 ITR 265 (Del): ii) CIT vs.. Atlas Cycle industries (1989) 180 ITR 319 (P&H); iii Siemens Information System Ltd., vs. ACIT & Others (2007) 293 ITR 548 (Bom); iv) Ankita A. Choksey vs. Income Tax Officer And Others (2019) 411 ITR 207 (Bom); v) DCIT vs M/s KLA Foods (India) Ltd and othrs IT A No.2846/Del/2015 dt: 08.04.2019; vi) Pr CIT vs M/S SNG Developers Ltd., 404 ITR 312 (Del) SLP of revenue dismissed in SLP ©…

Sourav Jindal, Faridabad vs. ITO Ward - 2(4), Faridabad

In the result, ITA.No.7376/Del

ITA 7378/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…

Gourav Aggarwal, Faridabad vs. ITO Ward - 1(3), Faridabad

In the result, ITA.No.7376/Del

ITA 7377/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…

Hanuman Prasad Aggarwal, Faridabad vs. ITO Ward - 1(3), Faridabad

In the result, ITA.No.7376/Del

ITA 7376/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…

Narender Kumar Gupta, New Delhi vs. ITO Ward-2(1), Faridabad

In the result, ITA.No.7376/Del

ITA 7375/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…

Garima Aggarwal, Faridabad vs. ITO Ward - 1(3), Faridabad

In the result, ITA.No.7376/Del

ITA 7374/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…

Sheela Aggarwal, Faridabad vs. ITO Ward - 2(3), Faridabad

In the result, ITA.No.7376/Del

ITA 7373/DEL/2019[2011-12]Status: DisposedITAT Delhi10 Sept 2020AY 2011-12

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

Section 142(1)Section 147Section 148

…pening of the assessment and as such, the same are liable to be quashed. In support of this contention, the Learned Counsel for the Assessee has relied upon Judgment of the Hon’ble Punjab & Haryana High court in the case of Pr. CIT vs., Atlas Cycle Industries 180 ITR 319 (P&H), Judgment of Hon’ble Delhi High Court in the case of Pr. CIT vs., SNG Developers Ltd., 404 ITR 312 and Order of ITAT, SMC-Bench in the case of Shri S.N.Arora/ Sapra in ITA.Nos.4251 & 4252/Del./2018 pronounced on 30.01.2020 in which it was held that “in case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of…