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

Hameeda Begum, Ghaziabad vs. ITO, Ward- 1(3), Ghaziabad

In the result appeal of assessee is allowed

ITA 7403/DEL/2018[2010-11]Status: DisposedITAT Delhi01 Aug 2019AY 2010-11

Bench: Sh. Bhavnesh Sainiita No. 7403/Del/2018 : Asstt. Year : 2010-11 Hameeda Begum, Vs Income Tax Officer, W/O Shri Bundhu Khan, Ward-1(3), A-393-394, Sector-11, New Vijay Ghaziabad-201001 Nagar, Ghaziabad-201009 (Appellant) (Respondent) Pan No. Ahepb8139L Ita No. 7404/Del/2018 : Asstt. Year : 2010-11 Abdul Samad, Vs Income Tax Officer, S/O Shri Aas Mohammad, Ward-1(5), A-262, Nahal-2, Ghaziabad-201002 Ghaziabad-201302 (Appellant) (Respondent) Pan No. Issps5169A Assessee By : Sh. Anup Sharma, Adv. & Sh. Sanjay Prashar, Adv. Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing : 18.07.2019 Date Of Pronouncement : 01.08.2019 Order Both The Appeals By Different Assessees Are Directed Against The Orders Of Ld. Cit(A), Ghaziabad Dated 28.09.2018 For Assessment Year 2010-11. 2. I Have Heard Ld. Representatives Of Both The Parties & Perused The Materials Available On Record. Both The Parties Mainly Argued In The Case Of Assessee Abdul Samad & Have Stated That Issue Is Same In Both The Appeals, Therefore, Order In This Case Could Not Followed In The Case Of Assessee Smt. Hameeda Begum.

For Appellant: Sh. Anup Sharma, Adv. &For Respondent: Sh. S. L. Anuragi, Sr. DR
Section 133(6)Section 147Section 148

…sessment recorded incorrect facts in the reasons for reopening of assessment. Therefore reopening of the assessment u/s 147 is clearly invalid and bad in law. I rely decision of Hon’ble Punjab & Haryana High Court in the case of CIT vs. Atlas Cycle Industries 180 ITR 319. Further the AO after obtaining the AIR information wanted to verify the same and issued a letter of enquiry to the assessee. The AO thus did not apply in his independent mind to the information received from AIR. Since no proceedings were pending before AO when he issued the letter of enquiry to the assessee, therefore such enquiry letter was no…

DCIT, Rohtak vs. M/S. Kla Food (India) Ltd., New Delhi

In the result Appeal of the Department is dismissed and the cross-objection of the Assessee is allowed

ITA 2846/DEL/2015[2007-08]Status: DisposedITAT Delhi08 Apr 2019AY 2007-08

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Respondent: Smt. Naina Soin Kapil, Sr. D.R
Section 143(3)Section 147Section 148Section 153C

…t “when notice for reassessment basing on non-existing reasons and provisions inapplicable at relevant time – Not constituting reasons to believe. Notice invalid.” The Hon’ble Punjab and 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 a reassessment.” 23 ITA.No.2846/D/2015 & CO.No.333/D/2015 M/s. KLA Food (India) Ltd., New Del…

DCIT, Rohtak vs. M/S. Param Exim Ltd., New Delhi

In the result Appeal of the Department is dismissed and the cross-objection of the Assessee is allowed

ITA 2845/DEL/2015[2007-08]Status: DisposedITAT Delhi08 Apr 2019AY 2007-08

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Respondent: Smt. Naina Soin Kapil, Sr. D.R
Section 143(3)Section 147Section 148Section 153C

…t “when notice for reassessment basing on non-existing reasons and provisions inapplicable at relevant time – Not constituting reasons to believe. Notice invalid.” The Hon’ble Punjab and 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 a reassessment.” 23 ITA.No.2846/D/2015 & CO.No.333/D/2015 M/s. KLA Food (India) Ltd., New Del…

Hightech Construction P.Ltdr, New Delhi vs. ITO, Ward-1(3), Faridabad

In the result, both the Appeals of the assessee are partly

ITA 1606/DEL/2019[2012-13]Status: DisposedITAT Delhi22 Mar 2019AY 2012-13

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: SH. KAPIL GOEL, ADVFor Respondent: SH. AMIT KATOCH, SR. DR
Section 133(6)Section 143(2)Section 147Section 148Section 292B

…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 : Page 29 of 59 “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 a reassessment.” 13.2. Since the facts are totally different as A.O. had reas…

Hightech Construction P.Ltdr, New Delhi vs. ITO, Ward-1(3), Faridabad

In the result, both the Appeals of the assessee are partly

ITA 1605/DEL/2019[2011-12]Status: DisposedITAT Delhi22 Mar 2019AY 2011-12

Bench: Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: SH. KAPIL GOEL, ADVFor Respondent: SH. AMIT KATOCH, SR. DR
Section 133(6)Section 143(2)Section 147Section 148Section 292B

…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 : Page 29 of 59 “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 a reassessment.” 13.2. Since the facts are totally different as A.O. had reas…

Sukhwinder Singh & Sons (HUF), Lehragagga vs. ITO, Ward, Sunam Hq, Sangrur

In the result, the appeal of the assessee is allowed

ITA 1205/CHANDI/2018[2003-04]Status: DisposedITAT Chandigarh06 Mar 2019AY 2003-04

Bench: Shri N.K.Saini

For Appellant: Sh. Saket Singla, AdvocateFor Respondent: Sh. Manjit Singh, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

…d as the reasons recorded were not in existence as the assessee had not received any loan or entry from M/s Kanodia Agency. Reliance was placed on the judgement of the Hon'ble Jurisdictional High Court in the case of CIT Vs. Atlas Cycles Industries, [1989] 180 ITR 319. 7. In her rival submissions, the Sr. DR supported the orders of the authorities below. 8. I have considered the rival submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the Assessing officer reopened the assessment u/s 147 read with section 148 of the Act by recordi…

Dipti Mehta, Kolkata vs. ITO, Ward - 43(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2032/KOL/2018[2010-11]Status: DisposedITAT Kolkata01 Mar 2019AY 2010-11

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 132(1)Section 143(1)Section 147Section 148

…(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…

Shri Aditya Chindalia, Kolkata vs. ITO, Ward - 34(2), Kolkata

In the result, the appeal is allowed

ITA 2242/KOL/2018[2010-11]Status: DisposedITAT Kolkata28 Feb 2019AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 2241/Kol/2018 Assessment Year : 2010-11 Smt. Laxmi Devi Chindalia Vs. I.T.O, Ward 34(2) Pan: Acopc8728P Kolkata (Appellant) (Respondent) I.T.A No. 2242/Kol/2018 Assessment Year : 2010-11 Shri Aditya Chindalia Vs. I.T.O, Ward 34(2) Pan: Afkpc6363F Kolkata (Appellant) (Respondent)

For Appellant: Shri S.S. Surana, FCA, ld. ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(3)Section 69

…170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect of items not referred to in the recorded r…

Smt. Laxmi Devi Chindalia, Kolkata vs. ITO, Ward - 35(3), Kolkata

In the result, the appeal is allowed

ITA 2241/KOL/2018[2010-11]Status: DisposedITAT Kolkata28 Feb 2019AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 2241/Kol/2018 Assessment Year : 2010-11 Smt. Laxmi Devi Chindalia Vs. I.T.O, Ward 34(2) Pan: Acopc8728P Kolkata (Appellant) (Respondent) I.T.A No. 2242/Kol/2018 Assessment Year : 2010-11 Shri Aditya Chindalia Vs. I.T.O, Ward 34(2) Pan: Afkpc6363F Kolkata (Appellant) (Respondent)

For Appellant: Shri S.S. Surana, FCA, ld. ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(3)Section 69

…170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect of items not referred to in the recorded r…

Rajesh Pradhan, Jalpaiguri vs. ITO, Ward - 1(3), Jalpaiguri

In the result, the appeal is allowed

ITA 1587/KOL/2018[2008-09]Status: DisposedITAT Kolkata28 Feb 2019AY 2008-09

Bench: Shri S.S, Godaraassessment Year:2008-09 Rajesh Pradhan Income Tax Officer, बनाम / C/O Subash Agarwal & Ward-1(3), Central V/S. Assocaites, Siddha Gibson, Revenue Building, 1, Gibson Lane, Ssuite-213, Nayabasti, P.O. & 2Nd Floor, Kolkata-700069 Dist. Jalpaiguri, Pin- [Pan No.Akjpp 6193 N] 735101

Section 147Section 68

…170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect of items not referred to in the recorded r…

Preeti Bajaj, Ludhiana vs. Dy Commissioner of Income Tax, Ludhiana

In the result, both the captioned appeals of the assessees are hereby allowed

ITA 172/CHANDI/2017[2001-02]Status: DisposedITAT Chandigarh24 Jan 2019AY 2001-02

Bench: The Itat On 08.08.2017 Which Led To The Disposal Of The Appeals For Non- Representation Was On Account Of The Bonafide Belief That The Itas 171 & 172/Chd/2017 Page 2 Of 5

For Appellant: Shri Saarbjit Garg, CAFor Respondent: Shri Manjit Singh, Sr.DR
Section 147Section 254(2)

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ “एकल सद"यीय’, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘SMC’ CHANDIGARH "ीमती "दवा "संह, "या"यक सद"य BEFORE: SMT. DIVA SINGH, JM आयकर अपील सं./ ITA No. 171/CHD/2017 "नधा"रण वष" / Assessment Year : 2001-02 Shri Nirmal Bajaj, The DCIT, बनाम Circle 6 70A, Shastri Nagar, VS Ludhiana. Ludhiana. "थायी लेखा सं./PAN No. :ABJPB4766G अपीलाथ"/Appellant ""यथ"/Respondent & आयकर अपील सं./ ITA No. 172/CHD/2017 "नधा"रण वष" / Assessment Year : 2001-02 Ms. Preeti Bajaj, The DCIT, बनाम Circle 6 2746/1, Gurdev Nagar, VS Ludhiana. Ludhiana. "थायी लेखा सं./PAN No. :AFVPB6764…

Nirmal Bajaj, Ludhiana vs. Dy Commissioner of Income Tax, Ludhiana

In the result, both the captioned appeals of the assessees are hereby allowed

ITA 171/CHANDI/2017[2001-02]Status: DisposedITAT Chandigarh24 Jan 2019AY 2001-02

Bench: The Itat On 08.08.2017 Which Led To The Disposal Of The Appeals For Non- Representation Was On Account Of The Bonafide Belief That The Itas 171 & 172/Chd/2017 Page 2 Of 5

For Appellant: Shri Saarbjit Garg, CAFor Respondent: Shri Manjit Singh, Sr.DR
Section 147Section 254(2)

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ “एकल सद"यीय’, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘SMC’ CHANDIGARH "ीमती "दवा "संह, "या"यक सद"य BEFORE: SMT. DIVA SINGH, JM आयकर अपील सं./ ITA No. 171/CHD/2017 "नधा"रण वष" / Assessment Year : 2001-02 Shri Nirmal Bajaj, The DCIT, बनाम Circle 6 70A, Shastri Nagar, VS Ludhiana. Ludhiana. "थायी लेखा सं./PAN No. :ABJPB4766G अपीलाथ"/Appellant ""यथ"/Respondent & आयकर अपील सं./ ITA No. 172/CHD/2017 "नधा"रण वष" / Assessment Year : 2001-02 Ms. Preeti Bajaj, The DCIT, बनाम Circle 6 2746/1, Gurdev Nagar, VS Ludhiana. Ludhiana. "थायी लेखा सं./PAN No. :AFVPB6764…

Shri Gaurav Joshi, Jalandhar vs. Income Tax Oficer Ward-1(5), Jalandhar

In the result, the appeal of the assessee is allowed

ITA 274/ASR/2018[2010-11]Status: DisposedITAT Amritsar16 Jan 2019AY 2010-11

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Ravish Soodita No.274/Asr./2018 : Asstt. Year : 2010-11 Sh. Gaurav Joshi, Vs Income Tax Officer, C/O Sh. Ashray Sarna, Adv., B- Ward-1(5), 18, Vakil Building, Model Jalandhar Town Road, Jalandhar (Appellant) (Respondent) Pan No. Amjpj3603P Assessee By : Sh. Ashray Sarna, Ca. Revenue By : Sh. Bhawani Shankar, Dr Date Of Hearing : 10.01.2019 Date Of Pronouncement : 16.01.2019

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Bhawani Shankar, DR
Section 143(3)Section 147Section 148Section 69

…om the record available with the AO and on the basis of wrong reasons recorded, the assessment reopened was not justified. The reliance was placed on the decision of the Hon’ble Jurisdictional High Court in the case o CIT Vs Atlas Cycle Industries reported at 180 ITR 319 (copy of the said order was furnished which is placed on record). 7. In his rival submissions, the ld. DR strongly supported the orders of the authorities below. 8. We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is an admitted fact that the ITO-1(5), Ludhiana issu…

M/S. Sri Balaji Forgings (P) Ltd., New Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of Assessee is allowed

ITA 3216/DEL/2017[2009-10]Status: DisposedITAT Delhi09 Jan 2019AY 2009-10

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Advocates &For Respondent: Shri S.S.Rana, CIT-D.R
Section 143(1)Section 143(3)Section 147Section 148Section 263

…//Fit for Publication// A.M. J.M. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “G” : DELHI BEFORE SHRI BHAVNESH SAINI, J.M. AND SHRI PRASHANT MAHARISHI, A.M. ITA.No.3216/Del./2017 Assessment Year 2009-2010 M/s. Sri Balaji Forgings (P) Ltd., H.No.5001, Ahata The PCIT Delhi-8, Kidara, Pahari Dheeraj, New Delhi. vs. New Delhi – 110 006. PAN AAACS1255L (Appellant) (Respondent) Shri Gautam Jain, Shri Piyush Kamal, For Assessee : Advocates & Shri Lalit Mohan, C.A. For Revenue : Shri S.S.Rana, CIT-D.R. Date of Hearing : 03.01.2019 Date of Pronouncement : 09.01.2019 ORDER PER BHAVNESH SAINI, J.M. This appeal by…

Swarnasathi Advisory Services Pvt. Ltd., Kolkata vs. ITO, Ward - 9(4), Kolkata

Appeal is allowed

ITA 1929/KOL/2018[2006-07]Status: DisposedITAT Kolkata04 Jan 2019AY 2006-07

Bench: Shri S.S, Godaraassessment Year:2006-07

Section 147Section 148Section 68

…170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of as 147 assessment in respect of items not referred to in the recorded rea…

Superior Buildwell Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

ITA 3301/DEL/2017[2009-10]Status: DisposedITAT Delhi10 Dec 2018AY 2009-10

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri S.S.Rana, CIT-D.R
Section 147Section 148Section 263

…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 : 39 ITA.Nos.2269, 2857, 2527 & 3301/Del./2017 M/s. Supersonic Technologies Pvt. Ltd., Delhi, M/s. SPJ Hotels Private Limited, New Delhi, M/s. Shiv Sai Infrastructure (P) Ltd., New Delhi & M/s. Superior Buildwell Private Limited, Delhi. “Held (i) that the Tribunal was right in cancelling the reassessment as both the grounds…

M/S. Spj Hotels Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

ITA 2857/DEL/2017[2007-08]Status: DisposedITAT Delhi10 Dec 2018AY 2007-08

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri S.S.Rana, CIT-D.R
Section 147Section 148Section 263

…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 : 39 ITA.Nos.2269, 2857, 2527 & 3301/Del./2017 M/s. Supersonic Technologies Pvt. Ltd., Delhi, M/s. SPJ Hotels Private Limited, New Delhi, M/s. Shiv Sai Infrastructure (P) Ltd., New Delhi & M/s. Superior Buildwell Private Limited, Delhi. “Held (i) that the Tribunal was right in cancelling the reassessment as both the grounds…

M/S. Shiv Sai Infrastructure (P) Ltd., New Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

ITA 2527/DEL/2017[2007-08]Status: DisposedITAT Delhi10 Dec 2018AY 2007-08

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri S.S.Rana, CIT-D.R
Section 147Section 148Section 263

…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 : 39 ITA.Nos.2269, 2857, 2527 & 3301/Del./2017 M/s. Supersonic Technologies Pvt. Ltd., Delhi, M/s. SPJ Hotels Private Limited, New Delhi, M/s. Shiv Sai Infrastructure (P) Ltd., New Delhi & M/s. Superior Buildwell Private Limited, Delhi. “Held (i) that the Tribunal was right in cancelling the reassessment as both the grounds…

M/S. Supersonic Technologies Pvt. Ltd., Delhi vs. Pr. CIT- 8, New Delhi

In the result, appeal of the Assessee is allowed

ITA 2269/DEL/2017[2007-08]Status: DisposedITAT Delhi10 Dec 2018AY 2007-08

Bench: Shri Bhavnesh Saini, J.M. & Shri Prashant Maharishi, A.M.

For Appellant: Shri Ved Jain, Advocate &For Respondent: Shri S.S.Rana, CIT-D.R
Section 147Section 148Section 263

…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 : 39 ITA.Nos.2269, 2857, 2527 & 3301/Del./2017 M/s. Supersonic Technologies Pvt. Ltd., Delhi, M/s. SPJ Hotels Private Limited, New Delhi, M/s. Shiv Sai Infrastructure (P) Ltd., New Delhi & M/s. Superior Buildwell Private Limited, Delhi. “Held (i) that the Tribunal was right in cancelling the reassessment as both the grounds…

Inder Jeet, Delhi vs. ITO, Ward- 2(5), Gurgaon

In the result, ITA.No.1384/Del

ITA 2740/DEL/2018[2011-12]Status: DisposedITAT Delhi03 Dec 2018AY 2011-12

Bench: Shri Bhavnesh Saini

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri S.L. Anuragi, Sr. D.R
Section 142(1)Section 144Section 147Section 148

…essment recorded in correct facts in the reasons for reopening of assessment. Therefore reopening of the assessment u/s 147 is clearly invalid and bad in law. I rely decision of Hon’ble Punjab & Haryana High Court in the case of CIT vs. Atlas Cycle Industries 180 ITR 319. Further the AO after obtaining the AIR information wanted to verify the same and issued a letter of enquiry to the assessee. The AO thus did not apply in his 32 ITA.No.2740, 1384 & 2647/Del./2018 Shri Inder Jeet, Delhi, And Shri Ashok Kumar, Ghaziabad. independent mind to the information received from AIR. Since no proceedings were pending befo…