CIT v. B.N. Bhattacharya & Another

118 ITR 461Supreme Court of India1997#19 most cited

What is CIT v. B.N. Bhattacharya & Another authority for?

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

1,656

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. B.N. Bhattacharya · 118 ITR 461 · appeal · pursuing appeal · effectively pursuing appeal · filing appeal · assistance from assessee · opportunity of being heard · section 250 · section 250(6)

Issues it is cited on

Judgments citing CIT v. B.N. Bhattacharya & Another

Bengal Shelter Housing Development Limited., Kolkata vs. ITO, Ward-2(1), Kolkata.

In the result, appeal of the assessee is dismissed”

ITA 594/KOL/2024[2012-13]Status: DisposedITAT Kolkata02 Sept 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 594/Kol/2024 Assessment Year: 2012-2013 Bengal Shelter Housing Development Limited,……………………………………………..……Appellant Cb-63, Salt Lake City, Salt Lake, Kolkata-700064 [Pan:Aaccb4289R] -Vs.- Income Tax Officer,………………………….……Respondent Ward-2(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit(Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: September 02, 2024 Date Of Pronouncing The Order: September 02, 2024 O R D E R

Section 143(2)Section 250Section 80I

…o sleep over their right, is applicable in this case. Hon’ble ITAT in ITA No. 1025-1027/CHD/2005 for the AY 2002-03 in the case of M/s. Chhabra Lane & Housing Ltd. after following the decision of Hon’ble Supreme Court in the case of B.N. Bhattacharjee & Other 118 ITR 461 (SC) held that the appeal does not mean merely filing of the appeal but effectively pursuing the same. Considering the above facts and material on record, it is held that the then assessing officer has made the addition on merits considering facts of the case and no infirmity is noticed in the order of the Assessing Officer. Hence the appeal of t…

Lakhram Goyal, Gurgaon vs. ITO Ward 1(4), Gurgaon

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 3169/DEL/2023[2014-15]Status: DisposedITAT Delhi27 Aug 2024AY 2014-15

Bench: Shri Kul Bharat & Shri Avdhesh Kumar Mishra[Assessment Year : 2014-15] Lakhram Goyal, Vs Ito, House No.436/16, Civil Lines, Ward-1(4), Gurgaon, Haryana-122001. Gurgaon. Pan-Bjrpg2764E Appellant Respondent Appellant By Shri Ajit Gandhi, Ca Respondent By Shri Subhra Jyoti Chakraborty, Cit Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 27.08.2024 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By Ld.Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi Dated 16.11.2022 For The Assessment Year 2014-15. 2. The Assessee Has Raised Following Grounds Of Appeal:-

Section 250Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “E” BENCH: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER [Assessment Year : 2014-15] Lakhram Goyal, vs ITO, House No.436/16, Civil Lines, Ward-1(4), Gurgaon, Haryana-122001. Gurgaon. PAN-BJRPG2764E APPELLANT RESPONDENT Appellant by Shri Ajit Gandhi, CA Respondent by Shri Subhra Jyoti Chakraborty, CIT DR Date of Hearing 21.08.2024 Date of Pronouncement 27.08.2024 ORDER PER KUL BHARAT, JM : The present appeal filed by the assessee is directed against the order passed by Ld.CIT(A), National Faceless Appeal Centre (“NFAC”),…

Uday Damodar Bajaj, Near Jog Maharaj, Bhajani Math, Nashik vs. Officer of the Income Tax, Ward 1(1), Nashik

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1341/PUN/2024[2017-18]Status: DisposedITAT Pune23 Aug 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shir Vinay Bhamoreआयकर अपील सं. / Ita No.1341/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Uday Damodar Bajaj, V The Income Tax Officer, Near Jog Maharaj, Bhajani S Ward-1(1), Nashik. Math, Dhammagiri Road, Varachi Peth, Igatpuri – 422403. Pan: Ahypb2584P Appellant/ Assessee Respondent / Revenue Assessee By Shri Rajendra Agiwal – Ar Revenue By Shri Sandeep P Sathe – Jcit(Dr) Date Of Hearing 22/08/2024 Date Of Pronouncement 23/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)/Jcit(A)-7, Kolkata Passed Under Section 250 Of The Income Tax Act, Dated 19.04.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “The Appellant, Aggrieved By The Order Passed By Ld. Additional / Joint Cit(A) - 7, Kolkata U/S 250 Of The Act Dated 19.04.2024 Preferred This Uday Damodar Bajaj [A]

Section 144Section 250Section 250(6)Section 270FSection 271ASection 69A

…udicated grounds raised by the assessee on merits. 4.1 It is observed that the ld.CIT(A)/JCIT(A) vide its order dated 19.04.2024 has dismissed appeal of the assessee as under : ““4.2 Hon'ble Supreme Court in the case of CIT vs. B.N. Bhattacharjee and Another, 118 ITR 461 (SC) observed that preferring an appeal means more than formally filing it but effectively prosecuting it. Hon'ble M.P. High Court in the case of Estate of Late Tukojirao Holkar vs. CWT, (1997) (223 ITR 480) (M.P.) dismissed the reference in def and for not taking necessary steps. Similar view has been taken I.T.A.T. Delhi Bench in the case of CI…