CIT v. Bhagavandas

272 ITR 267Reported decision#20249 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2024.

Judgments citing CIT v. Bhagavandas

Assistant Commissioner of Income Tax, Central Circle-1(1), Nagpur vs. M/S. Suflam Infra Project Ltd, Nagpur

In the result, the departmental appeal is dismissed

ITA 46/NAG/2021[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil Hirani, Adv &For Respondent: Shri Kailash C. Kanojiya, CTI DR

Section 143(3)Section 263Section 68

…part of the AO which has rendered the assessment order erroneous in so far that it is prejudicial to the interests of revenue. The view taken by the AO is an erroneous and not a possible or plausible view. The Allahabad High Court in the case of Bhagavandas (272 ITR 267) and P.T. Lakshar Ram (272 ITR 309) and the Madras High Court in the case of Ashok Leyland Ltd. (260 ITR 599) have held that action u/s 263 is valid where the assessment order is passed without conducting proper ITA NO.97/NAG/2019 & ITA NO. 46/NAG/2021 & CO NO.6/NAG/2023 Sufalam Infra Projects Ltd vrs Pr.CIT (Central) enquiry. Reliance is also p…

Sufalam Infra Projects Ltd, Nagpur vs. Pr. CIT (Central ), Nagpur

In the result, the departmental appeal is dismissed

ITA 97/NAG/2019[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil Hirani, Adv &For Respondent: Shri Kailash C. Kanojiya, CTI DR

Section 143(3)Section 263Section 68

Lakshmiwadi Mines & Minerals P. Ltd, Mumbai vs. CIT 21, Mumbai

In the result, appeal filed by the assessee in ITA No

ITA 3587/MUM/2014[2009-10]Status: DisposedITAT Mumbai21 Sept 2016AY 2009-10

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.3587/Mum/2014 ("नधा"रण वष" / Assessment Year : 2009-10) Lakshmiwadi Mines & Commissioner Of Income बनाम/ Minerals Private Ltd., Tax – 2, V. Yusuf Building, 3 Rd Floor, R. No. 344, Room No. 20, Aayakar Bhavan, 43-45, M.G. Road, Fort, Mumbai – 400 020. Mumbai – 400 001. "थायी लेखा सं./Pan : Aaacl 1756 F .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri A. Ramachandran

Section 143Section 143(3)Section 14ASection 263

…ucted proper inquiry into the above issues and there was an error in the assessment order in as much as the same is prejudicial to the interest of revenue . The learned CIT relied on decision of Hon’ble Allahabad High Court in the case of CIT v. Bhagavandas , 272 ITR 267 and P.T. Laskar Ram v. CIT (2005)272 ITR 309(All.HC) and held that action u/s. 263 of the Act is valid as the ITA 3587/Mum/2014 5 assessment order dated 21-12-2011 passed by the AO u/s. 143(3) of the Act is passed without application of mind by the AO and without conducting proper enquiry . It was observed that the same view was confirmed by th…

Champaklal Bhimshi Gangar, Mumbai vs. CIT 17, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 5551/MUM/2013[2009-10]Status: DisposedITAT Mumbai24 May 2016AY 2009-10

Bench: Shri Joginder Singh & Shri Rajendraassessment Year-2009-10 Champaklal Bhimshi Cit-17, Gangar, 146, 4Th Floor, बनाम/ Dewan Prakash, Piramal Chambers, Vs. Hindu Colony Road No.6, Parel, Mumbai-400014 Mumbai-400012 Pan No. Aafpg8529B ("नधा"रती /Assessee) (राज"व /Revenue)

Section 143(3)Section 263Section 69C

…Officer was without conducting proper investigations and without proper application of mind and was an erroneous order which was prejudicial to the interest of Revenue. It has been held by the Hon 77/e Allahabad High Court in the case of CIT vs. Shagavandas (272 ITR 267) and P T Laskar Ram vs. C1T 272 FIR 309 that action u/s. 263 is valid where theassessment order is passed without application Of mind by the Assessing Officer and without conducting proper enquiry. The same view has been confirmed by Madras High Court in the case of Ashok Leyland ltd. vs. CIR 260 ITR 599. In .view of the order of the Assessing Of…