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

Ashok Kumar, Ghaziabad vs. ITO, Ward-1(1), Ghaziabad

In the result, ITA.No.1384/Del

ITA 2647/DEL/2018[2008-09]Status: DisposedITAT Delhi03 Dec 2018AY 2008-09

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…

Ashok Kuamr, Ghaziabad vs. ITO, Ward- 1(1), Ghaziabad

In the result, ITA.No.1384/Del

ITA 1384/DEL/2018[2008-09]Status: DisposedITAT Delhi03 Dec 2018AY 2008-09

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…

Shri Hartaj Sewa Singh, Kolkata vs. ACIT(It), Circle - 1(1), Kolkata

Appeal is allowed

ITA 1524/KOL/2018[2010-11]Status: DisposedITAT Kolkata12 Oct 2018AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1524/Kol/2018 Assessment Year : 2010-11

For Appellant: Shri S. M .Surana, AdvocateFor Respondent: Shri Robin Choudhury, Addl. CIT Sr.DR
Section 143(3)Section 68Section 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…

Madhuri Dhananjauy Marathe, Nashik vs. Income-Tax Officer, Ward - 1(4), Nashik

In the result, both the appeals of the assessee are partly allowed

ITA 1640/PUN/2017[2010-11]Status: DisposedITAT Pune30 Aug 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1639 & 1640/Pun/2017 "नधा"रण वष" / Assessment Years: 2009-10 & 2010-11 Smt. Madhuri Dhananjay Marathe, 3, Yashodhara Apartment, Chinchkhed Road, At Post Pimpalgaon (B), Taluka- Niphad, Nashik Pan : Amjpm4024B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Pramod ShingteFor Respondent: Shri Pankaj Garg
Section 143(3)Section 147Section 148Section 44A

…(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…

Madhuri Dhananjauy Marathe, Nashik vs. Income-Tax Officer, Ward - 1(4), Nashik

In the result, both the appeals of the assessee are partly allowed

ITA 1639/PUN/2017[2009-10]Status: DisposedITAT Pune30 Aug 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1639 & 1640/Pun/2017 "नधा"रण वष" / Assessment Years: 2009-10 & 2010-11 Smt. Madhuri Dhananjay Marathe, 3, Yashodhara Apartment, Chinchkhed Road, At Post Pimpalgaon (B), Taluka- Niphad, Nashik Pan : Amjpm4024B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Pramod ShingteFor Respondent: Shri Pankaj Garg
Section 143(3)Section 147Section 148Section 44A

…(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 Dinesh Agarwal HUF, Jaipur vs. Income Tax Officer, Jaipur

In the result, appeal of the assessee is allowed

ITA 540/JPR/2018[2009-10]Status: DisposedITAT Jaipur25 Jul 2018AY 2009-10
For Appellant: Shri Rakesh Kumar Kabra (CA)For Respondent: Smt. Runi Pal (JCIT)
Section 139Section 147Section 148Section 148(2)Section 2

…(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…

Prabha Goyal, Chandigarh vs. ITO, W-5(1), Chandigarh

In the result the appeals of the assessee are allowed

ITA 1139/CHANDI/2017[2007-08]Status: DisposedITAT Chandigarh23 Jul 2018AY 2007-08

Bench: Ms. Diva Singh & Ms. Annapurna Guptaassessment Year: 2007-08 Smt. Prabha Goyal, Vs The Ito, Scf-71, Grain Market, Ward 5(1), Sector 26, Chandigarh. Chandigarh. Pan No. :Ajmpg2545B & Assessment Year: 2007-08 Poonam Goyal, Vs The Ito, Scf-44, Grain Market, Ward 5(1), Sector 26, Chandigarh. Chandigarh. Pan No. :Aaypg0402C

For Appellant: Shri Sudhir SehgalFor Respondent: Smt. Sukhwinder Sharma, Addl. CIT
Section 143Section 147Section 148Section 271(1)

…ourt in the case of CIT Vs Smt. Paramjit Kaur 311 ITR 38, decision of the Delhi High Court in the case of Signature Hotels P.Ltd. Vs ITO 338 ITR 51 and CIT Vs Atul Kumar Swamy 362 ITR 693 and CIT Vs Orient Craft Ltd. 354 ITR 536, CIT Vs Atlas Cycle Industries 180 ITR 319. The issue is well settled as enunciated by the Hon'ble Delhi High Court in the case of Krown Agro Foods P.Ltd. Vs ACIT (2015) 232 Taxman 0113 (Del) that the requirements of law for re-opening an assessment is reason to belief and not reason to suspect. In the facts of the present case, we find that the reason to believe recorded by the AO was no…

ITO 19(2)(3), Mumbai vs. Meenakshi N Shah, Mumbai

ITA 7082/MUM/2016[2007-08]Status: DisposedITAT Mumbai20 Jun 2018AY 2007-08

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2007-08 Dcit 5(2)(2) Meridian Chem Bond Mumbai Purchase Ltd., बनाम/ 903 Raheja Centre, Free Vs. Press Journal Marg, Nariman Point, Mumbai 400 021 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. Aaacr1789G

Section 68

…le High Court while coming to the aforesaid conclusion relied upon the decision from Hon'ble Rajasthan High Court in the case of CIT v. SHRI RAM SINGH [2008] 306 ITR 343 (Raj) and also considered following decisions: • CIT v. Atlas Cycle Industries [1989] 180 ITR 319 (P&H) • CIT v. Shri Ram Singh [2008] 306 ITR 343 (Raj) • CIT v. Sun Engineering Works P. Ltd. [1992] 198 ITR 297 • (SC) Jaganmohan Rao (V.) v. CIT/EPT [1970] 75 ITR 373 • (SC) Travancore Cements Ltd. v. Asst. CIT [2008] 305 ITR 170 (Ker) • Vipan Khanna v. CIT [2002] 255 ITR 220 (P&H) 69 Meridian Chem Bond P Ltd. & Meenakshi N Shah ITA No.7385 &…

Sunil Vishram Chawda, Hyd, Hyderabad vs. DCIT, Circle-14(1), Hyd, Hyderabad

In the result, all the appeals under consideration are allowed

ITA 1433/HYD/2015[2012-13]Status: DisposedITAT Hyderabad25 May 2018AY 2012-13

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri K.A. SaiprasadFor Respondent: Shri B. Suresh Babu
Section 194H

…er has power to re-open the assessment u/s 147 provided there is tangible material to come to the conclusion that there is escapement of income from assessment, reasons must have link with the formation of the belief. In CIT vs. Atlas Cycle Industries [(1989) 180 ITR 319 (P&H)], it was held that Assessing Officer will not have jurisdiction to proceed with the reassessment the moment he finds the ground mentioned in the reassessment notice as incorrect or non-existent. 20.2 In the case of Asian Paints, 308 ITR 195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not con…

Sunil Vishram Chawda, Hyd, Hyderabad vs. CIT (OSD), Range-10, Hyd, Hyderabad

In the result, all the appeals under consideration are allowed

ITA 1432/HYD/2015[2011-12]Status: DisposedITAT Hyderabad25 May 2018AY 2011-12

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri K.A. SaiprasadFor Respondent: Shri B. Suresh Babu
Section 194H

…er has power to re-open the assessment u/s 147 provided there is tangible material to come to the conclusion that there is escapement of income from assessment, reasons must have link with the formation of the belief. In CIT vs. Atlas Cycle Industries [(1989) 180 ITR 319 (P&H)], it was held that Assessing Officer will not have jurisdiction to proceed with the reassessment the moment he finds the ground mentioned in the reassessment notice as incorrect or non-existent. 20.2 In the case of Asian Paints, 308 ITR 195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not con…

Sunil Vishram Chawda, Hyd, Hyderabad vs. ACIT, Circle-10(1), Hyd, Hyderabad

In the result, all the appeals under consideration are allowed

ITA 1431/HYD/2015[2010-11]Status: DisposedITAT Hyderabad25 May 2018AY 2010-11

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri K.A. SaiprasadFor Respondent: Shri B. Suresh Babu
Section 194H

…er has power to re-open the assessment u/s 147 provided there is tangible material to come to the conclusion that there is escapement of income from assessment, reasons must have link with the formation of the belief. In CIT vs. Atlas Cycle Industries [(1989) 180 ITR 319 (P&H)], it was held that Assessing Officer will not have jurisdiction to proceed with the reassessment the moment he finds the ground mentioned in the reassessment notice as incorrect or non-existent. 20.2 In the case of Asian Paints, 308 ITR 195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not con…

Sunil Vishram Chawda, Hyd, Hyderabad vs. ACIT, Circle-10(1), Hyd, Hyderabad

In the result, all the appeals under consideration are allowed

ITA 1430/HYD/2015[2009-10]Status: DisposedITAT Hyderabad25 May 2018AY 2009-10

Bench: Smt P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri K.A. SaiprasadFor Respondent: Shri B. Suresh Babu
Section 194H

…er has power to re-open the assessment u/s 147 provided there is tangible material to come to the conclusion that there is escapement of income from assessment, reasons must have link with the formation of the belief. In CIT vs. Atlas Cycle Industries [(1989) 180 ITR 319 (P&H)], it was held that Assessing Officer will not have jurisdiction to proceed with the reassessment the moment he finds the ground mentioned in the reassessment notice as incorrect or non-existent. 20.2 In the case of Asian Paints, 308 ITR 195 (Bom.), the Hon’ble Court held as under: “ It is further to be seen that the Legislature has not con…

ITO 6(3)(3), Mumbai vs. Juliet Industries Ltd. (Formerly Known As Juliet Products Ltd.), Mumbai

ITA 5975/MUM/2016[2009-10]Status: DisposedITAT Mumbai04 Apr 2018AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 5452/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Juliet Industries Limited Income Tax Officer 6(3)(3) Room No. 524, 5Th Floor A-313 बनाम/ Shah & Nayar Industrial Estate Aaykar Bhawan Vs. Lower Parel M.K.Road Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No. 5975/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Income Tax Officer 6(3)(3) Juliet Industries Limited Room No. 524, 5Th Floor A-313 बनाम/ Aaykar Bhawan Shah & Nayar Industrial Estate Vs. M.K.Road Lower Parel Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Vijay Mehta, Ld.ARFor Respondent: V.Vidhyadhar, Ld. DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 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) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries (supra) a…

Juliet Industries Ltd, Mumbai vs. ITO 6(3)(3), Mumbai

ITA 5452/MUM/2016[2009-10]Status: DisposedITAT Mumbai04 Apr 2018AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./I.T.A. No. 5452/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Juliet Industries Limited Income Tax Officer 6(3)(3) Room No. 524, 5Th Floor A-313 बनाम/ Shah & Nayar Industrial Estate Aaykar Bhawan Vs. Lower Parel M.K.Road Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) : & आयकर अपील सं./I.T.A. No. 5975/Mum/2016 (िनधा"रण वष" / Assessment Year: 2009-10) Income Tax Officer 6(3)(3) Juliet Industries Limited Room No. 524, 5Th Floor A-313 बनाम/ Aaykar Bhawan Shah & Nayar Industrial Estate Vs. M.K.Road Lower Parel Mumbai-400 020 Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacj-6924-H (अपीलाथ" /Appellant) (""थ" / Respondent) :

For Appellant: Vijay Mehta, Ld.ARFor Respondent: V.Vidhyadhar, Ld. DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 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) 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 non-existent. The decisions of the Punjab & Haryana High Court in Atlas Cycle Industries (supra) a…

Sanju Jalan, Kolkata vs. ITO, Ward 36(3), Kolkata

In the result, the appeal is allowed

ITA 634/KOL/2017[2012-13]Status: DisposedITAT Kolkata10 Jan 2018AY 2012-13

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] I.T.A No. 634/Kol/2017 Assessment Year : 2012-13

For Appellant: Shri S.M.Surana, AdvocateFor Respondent: Shri Nicolas Murmu, Addl. CIT,Sr.DR
Section 132(4)Section 143(1)Section 147Section 148

…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…

N.Baladandayudam, Rep by Power Holder R.Ravichandran, Erode vs. ITO Non Corporate Ward 5(2), Coimbatore

In the result, appeals of the assessee for the assessment year 2010-2011 is allowed whereas as those for assessment years

ITA 1678/CHNY/2017[2011-12]Status: DisposedITAT Chennai19 Dec 2017AY 2011-12

Bench: Shri Abraham P. George]

For Respondent: Shri. B.Sagadevan, IRS, JCIT
Section 143(3)Section 147Section 148

…R 343, 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 and Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 319 . The decision in Atlas Cycle Industries [1989] 180 ITR 319 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 Haryana High Court in Atlas Cycle Industries [1989] 180…

N.Baladandayudam, Rep by Power Holder R.Ravichandran, Erode vs. ITO Non Corporate Ward 5(2), Coimbatore

In the result, appeals of the assessee for the assessment year 2010-2011 is allowed whereas as those for assessment years

ITA 1677/CHNY/2017[2010-11]Status: DisposedITAT Chennai19 Dec 2017AY 2010-11

Bench: Shri Abraham P. George]

For Respondent: Shri. B.Sagadevan, IRS, JCIT
Section 143(3)Section 147Section 148

…R 343, 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 and Haryana High Court in CIT v. Atlas Cycle Industries [1989] 180 ITR 319 . The decision in Atlas Cycle Industries [1989] 180 ITR 319 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 Haryana High Court in Atlas Cycle Industries [1989] 180…

DCIT, Faridabad vs. M/S. Vsb Investment Pvt. Ltd., Faridabad

In the result, appeal of the Department dismissed

ITA 468/DEL/2016[2007-08]Status: DisposedITAT Delhi08 Dec 2017AY 2007-08

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Respondent: Ms. Ashima Neb, Sr. D.R
Section 133(6)Section 139(1)Section 148Section 14A

…are recorded on incorrect facts. Therefore, there were no justification to reopen the assessment. The assessee relied upon various decisions including the decision of the Hon’ble Punjab and Haryana High Court in the case of CIT vs. Atlas Cycle Industries 180 ITR 319. The Ld. CIT(A) accepted the explanation of assessee because it was apparent that case was reopened by the A.O. on account of bogus share application money, but no addition have been made on account of the same in assessment order. The A.O. made addition on account of disallowance under section 14A of the I.T. Act. The Ld. CIT(A) following var…

Smt Mahinder Kaur Chhatwal, Gurgaon vs. ITO, Gurgaon

In the result, appeal of assessee is allowed

ITA 1680/DEL/2017[2009-10]Status: DisposedITAT Delhi03 Nov 2017AY 2009-10

Bench: Shri Bhavnesh Saini

For Appellant: Shri Kunal Aggarwal, C.AFor Respondent: Shri Koushlendra Tewari, Sr. DR
Section 143(3)Section 147Section 148Section 154Section 438Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.No.1680/Del./2017 Assessment Year 2009-2010 Smt. Mahinder Kaur Chhatwal, C/o. Kunar The Income Tax Officer, Aggarwal & Associates, 226, vs. Ward-2(4), JMD Mwegapolls, 2nd Floor, Gurgaon Sector-48, Sohna Road, Haryana. Gurgaon, Haryana-122001. PAN ACQPC4929A (Appellant) (Respondent) For Assessee : Shri Kunal Aggarwal, C.A. For Revenue : Shri Koushlendra Tewari, Sr. DR Date of Hearing : 01.11.2017 Date of Pronouncement : 03.11.2017 ORDER This appeal by assessee has been directed against the order…

K.P. International, New Delhi vs. ITO, New Delhi

In the result appeal of the assessee is allowed”

ITA 2246/DEL/2017[2007-08]Status: DisposedITAT Delhi20 Oct 2017AY 2007-08

Bench: Ms. Diva Singhassessment Year: 2007-08 K.P. International Ito F-47, Desh Bandhu Gupta Vs. Ward-51(4) Market, Karol Bagh, New New Delhi Delhi

Section 148

…r 1992-93 on January, 1996. and the reasons had been recorded thereafter on August 18. 1997 The nonce of reassessment was not valid and was liable to be quashed”. 13.7 The Hon'ble Punjab & Haryana High Court in the case o f C I T Ks. Atlas Cycles Lid. [1989] 180 ITR 319 (P&H) has 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." 14. Considering the facts and circumstances of the case and in the light…