CIT v. Atul Kumar Swami

362 ITR 693High Court2014#2038 most cited

What is CIT v. Atul Kumar Swami authority for?

Reassessment proceedings initiated under section 147/148 are invalid if based on material already disclosed in the original return or without fresh, tangible material. The Assessing Officer must apply their mind and cannot mechanically reopen an assessment.

57

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Atul Kumar Swami · section 147 · section 148 · reopening of assessment · fresh tangible material · material already on record · application of mind · reasons to believe · section 143(1) · escapement of income · note in return

Also reported as

52 Taxmann.com 47

Sections most often in play

Section 142(1)Section 143(2)Section 147Section 148Section 68Section 115ADSection 132Section 133(6)

Issues it is cited on

section 54(1)section 54esanction under section 151section 55asection 54ecfresh tangible materialsection 13(2)long-term capital assetsection 53asection 53live linkwithin four years

Judgments citing CIT v. Atul Kumar Swami

NARAYAN SUPPLIERS PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 1077/KOL/2024[2011-2012]Status: DisposedITAT Kolkata08 Sept 2025AY 2011-2012
Section 10(38)

…ts- Merely on basis\nof information received from Investigation Wing without\nconducting any independent enquiries [S.69A, 148] as decided\nin Alliance Space P. Ltd. v. ITO (2015) 375 ITR 473 (Born.)(HC).\n27.\nDelhi High Court in the case of Atul Kumar Swamy 362 ITR 693,\nConsulting Engineers Services India Pvt. Ltd., 378 IT.R 318,\nNestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR\n452, SNG Developers Ltd., 404 ITR 312 held that when A.O.\ninitiated the re-assessment proceedings without application of\nmind, such proceedings would be invalid. AO in the present\ncase has failed to verify the information…

ITO, WARD-18(), NEW DELHI vs. NIVIA AGENCIES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 1009/DEL/2021[2002-03]Status: DisposedITAT Delhi09 Jul 2025AY 2002-03

Bench: MS. MADHUMITA ROY (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 139(1)Section 142Section 143(1)Section 144Section 148Section 250(6)Section 68

…iled with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs.. Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon'ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon'ble Rajasthan High Court has held that "reasons must be based on new and tangible materials. Notice based on documents already on record, 148 not v…

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. KARNANI SOLVEX PRIVATE LIMITED, JAIPUR

In the result, this appeal of the Revenue is dismissed

ITA 850/JPR/2024[2012-13]Status: DisposedITAT Jaipur06 May 2025AY 2012-13
For Appellant: Shri Deepak Sharma, AdvocateFor Respondent: Shri Anup Singh, Addl. CIT-DR
Section 143(2)Section 143(3)Section 147Section 148Section 250Section 250(4)

…by the AO originally found on record\nfor the purpose of initiating the re-assessment proceedings, the\nproceedings under section 148 of the I.T. Act would be invalid and bad in\nlaw. We rely upon decision of Delhi High Court in the case of Atul Kumar\nSwamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd. 378\nITR 318, Nestle India Ltd. 384 ITR 334 and Priyadesh Gupta 385 ITR\n452. The Hon'ble Delhi High Court in the case of SNG Developers Ltd.\n404 ITR 312 held that when AO initiated the reassessment proceedings\nwithout application of mind, such proceedings would be invalid. AO in the\npresent case…

PR.COMMISSIONER OF INCOME TAX DELHI-04 vs. M/S GANESH GANGA INSVESTMENTS PVT LTD

ITA/25/2022HC Delhi28 Feb 2025

Bench: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR,HON'BLE MR. JUSTICE YASHWANT VARMA

Section 143(1)Section 143(3)Section 148

…with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014) 362 ITR 693 (Del.) and Judgment of Hon'ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon'ble Rajasthan High Court has held that “reasons must be based on new and tangible materials. Notice based on documents already on record, 148…

MR. ABHIJEET SONI,MUMBAI vs. ITO-16(2)(1), MUMBAI

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

ITA 2920/MUM/2022[2007-08]Status: DisposedITAT Mumbai20 Apr 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Bleabhijeet Soni V. Income Tax Officer – 16(2)(1) Room No. 441 C/O- M/S. Jayesh Sangharajka & Co.Llp 405, Hind Rajasthan Centre Aayakar Bhavan Ds Phalke Road Mumbai - 400020 Dadar (E), Mumbai - 400014 Pan: Aadps8454R (Appellant) (Respondent)

Section 143(1)Section 143(2)Section 144ASection 148

…re- assessment proceedings themselves were not in accordance with law and consequently dismissing the Revenue's appeal No question of law arises for consideration." In the case of CIT vs. Shri Atul Kumar Swami in ITA No. 112/2014 dated 18-03- 2014 reported at 52 Taxmann.com 47, Hon'ble Delhi High Court observed as under ...Reopening of assessment is valid if it is based on tangible material to justify conclusion that there was escapement of income in instant case note forming part of return clearly mentioned and described nature of the receipt under a non- compete agreement Reasons for issuance of notice u/s 147…

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

Section 143(1)Section 143(3)Section 148

…with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014) 362 ITR 693 (Del.) and Judgment of Hon'ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon'ble Rajasthan High Court has held that “reasons must be based on new and tangible materials. Notice based on documents already on record, 148…

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

Section 143(1)Section 143(3)Section 148

…with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon'ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014) 362 ITR 693 (Del.) and Judgment of Hon'ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon'ble Rajasthan High Court has held that “reasons must be based on new and tangible materials. Notice based on documents already on record, 148…

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

…ned by the A.O originally found on record for the purpose of initiating the re-assessment proceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon'ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re- assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present c…

VENKATA SAI AGENCIES,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, HYDERABAD

In the result, all the three appeals filed by the respective assessees are allowed

ITA 1624/HYD/2017[2010-11]Status: DisposedITAT Hyderabad31 Oct 2022AY 2010-11

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2010-11 Vasu Pharma Distributors Vs. Acit,Circle-4(1) 3-6-516, Street No.6 Hyderabad Vasu Pharma House Himayatnagar Hydrabad-500 029

For Appellant: Shri K.C.Devdas, CAFor Respondent: Shri Kumar Aditya, Sr.AR
Section 143(3)Section 147Section 148Section 40

…opening is not valid i.Madhurai Power Corporation vs.DCIT reported in 428 ITR 117 (Ap.HC) ii.CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC) iii. CIT vs. Orient craft Ltd. reported in 354 ITR 536 (Del.Hc) iv.CIT vs. Atul kumar Swami reported in 362 ITR 693 (Del.HC) 6 ITA 1622-1624/Hyd/2017 v. Pr.CIT vs. G and G Pharma India Ltd. reported in 384 ITR 147 vi. CIT vs. Kelvinator of India Ltd. reported in 256 ITR 001(Del.HC) vii. Prakriya Pharmacem vs. ITO reported in 238 taxman 185(Guj.HC) viii.Ratna Trayi Relaity Service Pvt.Ltd. vs ITO reported in 356 ITR 493(Guj.HC) ix.Vipan Khanna vs.CIT reported…

VASU AGENCIES,,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, all the three appeals filed by the respective assessees are allowed

ITA 1623/HYD/2017[2010-11]Status: DisposedITAT Hyderabad31 Oct 2022AY 2010-11

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2010-11 Vasu Pharma Distributors Vs. Acit,Circle-4(1) 3-6-516, Street No.6 Hyderabad Vasu Pharma House Himayatnagar Hydrabad-500 029

For Appellant: Shri K.C.Devdas, CAFor Respondent: Shri Kumar Aditya, Sr.AR
Section 143(3)Section 147Section 148Section 40

…opening is not valid i.Madhurai Power Corporation vs.DCIT reported in 428 ITR 117 (Ap.HC) ii.CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC) iii. CIT vs. Orient craft Ltd. reported in 354 ITR 536 (Del.Hc) iv.CIT vs. Atul kumar Swami reported in 362 ITR 693 (Del.HC) 6 ITA 1622-1624/Hyd/2017 v. Pr.CIT vs. G and G Pharma India Ltd. reported in 384 ITR 147 vi. CIT vs. Kelvinator of India Ltd. reported in 256 ITR 001(Del.HC) vii. Prakriya Pharmacem vs. ITO reported in 238 taxman 185(Guj.HC) viii.Ratna Trayi Relaity Service Pvt.Ltd. vs ITO reported in 356 ITR 493(Guj.HC) ix.Vipan Khanna vs.CIT reported…

VASU PHARMA DISTRIBUTORS,,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4(1), HYDERABAD

In the result, all the three appeals filed by the respective assessees are allowed

ITA 1622/HYD/2017[2010-11]Status: DisposedITAT Hyderabad31 Oct 2022AY 2010-11

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2010-11 Vasu Pharma Distributors Vs. Acit,Circle-4(1) 3-6-516, Street No.6 Hyderabad Vasu Pharma House Himayatnagar Hydrabad-500 029

For Appellant: Shri K.C.Devdas, CAFor Respondent: Shri Kumar Aditya, Sr.AR
Section 143(3)Section 147Section 148Section 40

…opening is not valid i.Madhurai Power Corporation vs.DCIT reported in 428 ITR 117 (Ap.HC) ii.CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC) iii. CIT vs. Orient craft Ltd. reported in 354 ITR 536 (Del.Hc) iv.CIT vs. Atul kumar Swami reported in 362 ITR 693 (Del.HC) 6 ITA 1622-1624/Hyd/2017 v. Pr.CIT vs. G and G Pharma India Ltd. reported in 384 ITR 147 vi. CIT vs. Kelvinator of India Ltd. reported in 256 ITR 001(Del.HC) vii. Prakriya Pharmacem vs. ITO reported in 238 taxman 185(Guj.HC) viii.Ratna Trayi Relaity Service Pvt.Ltd. vs ITO reported in 356 ITR 493(Guj.HC) ix.Vipan Khanna vs.CIT reported…

SH. VALMIK THAPAR,NEW DELHI vs. ACIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

ITA 5767/DEL/2015[2007-08]Status: DisposedITAT Delhi11 Jun 2021AY 2007-08

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ceeded on the basis that there had to be some tangible material on the basis of which the AO could form a prima facie reason to believe that the income had escaped assessment. 29. The same approach was adopted in the decision in CIT v. Atul Kumar Swami [2014] 362 ITR 693/52 taxmann.com 47 (Delhi) where again the initial return was accepted by sending to the Assessee an intimation under Section 143 (1) of the Act. This was for the AY 1999- 2000. On 9th January 2002 the return was sought to be reopened under Section 147 of the Act but the reasons for so doing did not refer to any tangible material which the AO had…

ACIT, NEW DELHI vs. SH. VALMIK THAPAR, NEW DELHI

Appeals are disposed of by this common order as indicated above

ITA 6726/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Jun 2021AY 2010-11

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ceeded on the basis that there had to be some tangible material on the basis of which the AO could form a prima facie reason to believe that the income had escaped assessment. 29. The same approach was adopted in the decision in CIT v. Atul Kumar Swami [2014] 362 ITR 693/52 taxmann.com 47 (Delhi) where again the initial return was accepted by sending to the Assessee an intimation under Section 143 (1) of the Act. This was for the AY 1999- 2000. On 9th January 2002 the return was sought to be reopened under Section 147 of the Act but the reasons for so doing did not refer to any tangible material which the AO had…

SHRI VALMIK THAPAR,NEW DELHI vs. DCIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

ITA 6346/DEL/2014[2010-11]Status: DisposedITAT Delhi11 Jun 2021AY 2010-11

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

For Appellant: Shri Salil AgarwalFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143Section 147Section 54Section 54E

…ceeded on the basis that there had to be some tangible material on the basis of which the AO could form a prima facie reason to believe that the income had escaped assessment. 29. The same approach was adopted in the decision in CIT v. Atul Kumar Swami [2014] 362 ITR 693/52 taxmann.com 47 (Delhi) where again the initial return was accepted by sending to the Assessee an intimation under Section 143 (1) of the Act. This was for the AY 1999- 2000. On 9th January 2002 the return was sought to be reopened under Section 147 of the Act but the reasons for so doing did not refer to any tangible material which the AO had…

SPJ HOTELS PVT. LTD.,NEW DELHI vs. ITO WARD-24(2), NEW DELHI

ITA 69/DEL/2020[2007-08]Status: DisposedITAT Delhi27 Apr 2021AY 2007-08

Bench: Shri N. K. Billaiya, S. M. C.

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Shri R. K. Gupta, Sr. D.R
Section 147Section 148Section 263

…ITA. 69/Del/2020. IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH: ‘SMC–1’ NEW DELHI ] BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER, S. M. C. ITA. No. 69/Del/2020 Assessment Year :2007-08 (THROUGH VIDEO CONFERENCING) SPJ Hotels Pvt. Ltd., Income Tax Officer, Vs. C/o. Kapil Goel, Advocate, Ward : 24 (2), F–26/124, Sector: 7, Rohini, New Delhi. New Delhi–110085. PIN : AAKCS7722C (RESPONDENT) (APPELLANT) Assessee by : Shri Kapil Goel, Advocate; Department by: Shri R. K. Gupta, Sr. D.R.; Date of Hearing 27.04.2021 Date of Pronouncement 27.04.2021 O R D E R This appeal by the assessee is preferred against the…

MIKADO REALTORS (P) LTD,NEW DELHI vs. PR. CIT (CENTRAL), GURUGRAM

In the result, the appeal of the assessee is allowed

ITA 50/DEL/2021[2017-18]Status: DisposedITAT Delhi20 Apr 2021AY 2017-18

Bench: Shri Amit Shukla & Shri O.P. Kant

For Appellant: Shri Gautam Jain, Adv. & Shri LalitFor Respondent: Ms. Pramita M. Biswas, CIT-D.R
Section 142(1)Section 143(2)Section 143(3)Section 153BSection 153CSection 153C(1)Section 263

…ned by the A.O originally found on record for the purpose of initiating the re-assessment proceedings, the proceedings under section 148 of the I.T. Act would be invalid and bad in law. We rely upon decision of Delhi High Court in the case of Atul Kumar Swamy 362 ITR 693, Consulting Engineers Services India Pvt. Ltd., 378 ITR 318, Nestle India Ltd., 384 ITR 334 and Priyadesh Gupta 385 ITR 452. The Hon’ble Delhi High Court in the case of SNG Developers Ltd., 404 ITR 312 held that when A.O. initiated the re-assessment proceedings without application of mind, such proceedings would be invalid. A.O. in the present ca…

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

…iled with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon’ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon’ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon’ble Rajasthan High Court has held that “reasons must be based on new and tangible materials. Notice 25 ITA.No.4183/Del./2019 M/s. Sungrow Impex Pr…

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

…iled with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon’ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon’ble Allahabad High Court in the case of Kanpur Texel P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon’ble Rajasthan High Court has held that “reasons must be based on new and tangible materials. Notice based on documents already on record, 148 not v…

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

…iled with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon’ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon’ble Allahabad High Court in the case of Kanpur Texel 79 ITA.Nos.3869 & 3870/Del./2018 M/s. Madhu Apartment Private Limited, Delhi. P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon’ble Rajasthan High Court has held that “reasons must be based on ne…

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

…iled with return disclosing nature of capital receipt and no other tangible material found, therefore, reopening of the assessment under section 148 was quashed. We rely upon Judgment of Hon’ble Delhi High Court in the case of CIT vs., Atul Kumar Swami [2014] 362 ITR 693 (Del.) and Judgment of Hon’ble Allahabad High Court in the case of Kanpur Texel 79 ITA.Nos.3869 & 3870/Del./2018 M/s. Madhu Apartment Private Limited, Delhi. P. Ltd., 406 ITR 353 (Alld.). Similarly, in the case of CIT vs., Vardhaman Industries [2014] 363 ITR 625 (Raj.), the Hon’ble Rajasthan High Court has held that “reasons must be based on ne…

Showing 1–20 of 57 · Page 1 of 3