CIT v. Ballarpur Industries Ltd.

85 Taxmann.com 10High Court2017#1517 most cited

What is CIT v. Ballarpur Industries Ltd. authority for?

The Commissioner cannot revise an assessment order under Section 263 if the Assessing Officer applied their mind and adopted one of the possible views after an inquiry, as a mere difference of opinion does not make the order erroneous or prejudicial to revenue. However, if the Assessing Officer failed to make proper verification or inquiry, rendering the assessment order erroneous and prejudicial, Section 263 jurisdiction is validly invoked.

75

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2026.

Also referred to as

CIT v. Ballarpur Industries Ltd. · Section 263 Income Tax Act · Revision by Commissioner · erroneous and prejudicial assessment · inadequate enquiry by AO · lack of proper verification · change of opinion PCIT · Assessing Officer's possible view · Malabar Industrial precedent

Issues it is cited on

Judgments citing CIT v. Ballarpur Industries Ltd.

Niagara Financial Consultants P. Ltd., Mumbai vs. Pr. CIT, City-6, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 762/MUM/2021[2015-16]Status: DisposedITAT Mumbai28 Jan 2022AY 2015-16

Bench: Shri Amarjit Singh, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.762/Mum/2021 (ननधधारण वर्ा / Assessment Years: 2015-16) बनधम/ Niagara Financial Pr. Cit, City-6 Room No.501, 5Th Floor, Consultants Pvt. Ltd. Vs. C-201, Kailash Explanade, Aayakar Bhavan, Lbs Marg, Opp. Sheryas Maharshi Karve Road, Theatre, Ghatkopar (W), Mumbai-400020. Mumbai-400086. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccn1918R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prakash Jhunjhunwala Revenue By: Shri Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 10/01/2022 घोषणा की तारीख /Date Of Pronouncement: 28/01/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 30.03.2021 Passed By The Principal Commissioner Of Income Tax-06, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2015-16 In Which The Principal Commissioner Of Income Tax-06 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: - 2. 1. On Facts & Circumstances Of The Case & Iii Law, Ld. Pr. Cit Erred In Passing The Revision Order U/S.263 Though The Reassessment Order Passed U/S.143(3) Is Not Erroneous Anti In So Far Is Not Prejudicial To The Interests Of The Revenue 2.0 The Ld. Pr. Cit, Before Setting Asides The Assessment Ordev.De Novo On Invoking Sec 263(I), Ought To Have Considered The Understated Facts, Being;

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Mahesh Akhade (DR)
Section 143(3)Section 263

…he AO has examined the issue and one possible 9 A.Y. 2015-16 view has already been taken, therefore, the assessment u/s 263 of the Act is not liable to be reviewed in view of the decision of Hon‟ble High Court in the case of CIT Vs. Ballarpur Industries Ltd. 85 Taxmann.com 37, Grasim Industries Ltd. Vs. CIT 188 Taxman 327, CIT Vs. Kelvinator of India Ltd. 12 Taxmann.com 445 & CIT Vs. Mepco Industries Ltd, 163 Taxman 648. If it is assumed that the inquiry was not correct or conducted properly, therefore, the revisional power u/s 263 of the Act is not liable to be invoked in view of the decision of MOIL Ltd. Vs. C…

Shree Cement Limited, Beawar vs. Pr.CIT, Udaipur

In the result, the appeal of the assessee is allowed

ITA 4/JPR/2021[2014-15]Status: DisposedITAT Jaipur23 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 04/Jp/2021 Assessment Year: 2014-15 Shree Cement Limited, Cuke Pr.Cit, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. Pan No.: Aaccs 8796 G Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Dilip Desai (Ca) Shri Vijay Shah (Ca) Shri Mohit Choudhary (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 01/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 23/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Pcit, Udaipur Dated 03.02.2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short The Act) For The Assessment Year 2014-15. The Grounds Of Appeal Taken By The Assessee Are As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Principal Commissioner Of Income Tax – Udaipur, (Here- In- After Referred To As Ld. Pr. Cit) Was Not Justified In Initiating Proceedings U/S 263 Of The Income Tax Act, 1961 Since The Order Passed By The Assessing Officer (A.O.) Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

For Appellant: Shri Dilip Desai (CA)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 263

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES “B”, JAIPUR Jh lanhi x®lkÃa] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 04/JP/2021 Assessment Year: 2014-15 Shree Cement Limited, cuke Pr.CIT, Vs. Bangur Nagar, Post Box No. 33, Udaipur. Beawar. PAN No.: AACCS 8796 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by: Shri Dilip Desai (CA) Shri Vijay Shah (CA) Shri Mohit Choudhary (CA) jktLo dh vksj ls@ Revenue by : Shri B.K. Gupta (CIT-DR) lquokbZ d…

Swami Keshwanand Shikshan Sansthan, Sikar vs. Commissioner of Income Tax (Exemption), Jaipur

In the result, appeal of the assessee is allowed partly

ITA 273/JPR/2020[2010-11]Status: DisposedITAT Jaipur18 Jan 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 273/Jp/2020 Assessment Year: 2010-11 Swami Keshwanand Sikshan Cuke C.I.T. (Exemption), Vs. Sansthan, Jaipur (Rajasthan). N.H.11, Bhadhadhar, Sikar-332315 (Raj) Pan No.: Aafts 2816 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Shafi Mohammed Chouhan (Adv) Jktlo Dh Vksj Ls@ Revenue By : Shri B.K. Gupta (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/10/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(Exemption), Jaipur Dated 16/03/2020 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2010-11, Wherein The Assessee Has Raised Following Grounds Of Appeal: “1. That The Order Of Ld. Commissioner Of Income Tax (Exemption), Jaipur Is Illegal & Against The Law Because The Ld. Assessing Officer Has Examined & Considered The Matter Involved In This Order. 2. That The Donation So Received Was Received For A Specific Purpose & Use, Hence It Was Corpus Donation. The Corpus Donation Cannot Be Treated As Part Of Income & Expenditure Account.

For Appellant: Shri Shafi Mohammed Chouhan (Adv)For Respondent: Shri B.K. Gupta (CIT-DR)
Section 148Section 263

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES “B”, JAIPUR Jh lanhi x®lkÃa] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 273/JP/2020 Assessment Year: 2010-11 Swami Keshwanand Sikshan cuke C.I.T. (Exemption), Vs. Sansthan, Jaipur (Rajasthan). N.H.11, Bhadhadhar, Sikar-332315 (Raj) PAN No.: AAFTS 2816 M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Shafi Mohammed Chouhan (Adv) jktLo dh vksj ls@ Revenue by : Shri B.K. Gupta (CIT-DR) lquokbZ…