CIT v. C. Palaniapan

JAGDISH PRASAD AGARWALA,KOLKATA vs. I.T.O., WARD - 44(1), , KOLKATA

In the result, the appeal of the assessee is allowed

…on 321 ITR 362)held that issuance of notice u/s 143(2) is mandatory for scrutiny assessment even if the assessments are after search u/s 132(1) of the Act. Similar ratio has been laid down by the Hon'ble Madras High /court in the case of CIT Vs C. Palaniapan (284 ITR 257), Hon'ble Calcutta High Court in Iqwal Singh Atwal Vs CIT (1984)(147 ITR 599) and Delhi High Court in Pr CIT Vs Shri Jai Shiv Shankar Traders Pvt Ltd (2016)(383 ITR 448). Accordingly we set aside the order of Id CIT(A) on this issue by holding that the notice issued u/s 143(2) is barred by limitation and therefore the consequent assessment framed…

M/S KHAITAN WINDING WIRE PVT. LTD.,KOLKATA vs. ACIT, CIR. 4(1), KOLKATA

In the result, appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

…arch u/s 132 of the Act [Block Assessment]. Since issuance of notice u/s 143(2) is mandatory before scrutiny assessment, even section 292BB of the Act cannot come to the rescue of the AO. And the Hon’ble Madras High Court in the case of CIT vs. C. Palaniapan (284 ITR 257(Mad)] held that issuance of notice u/s 143(2) is mandatory in reassessment cases also. Further, we do not find any merit in the argument of the Ld DR that return of income should have been filed and not the letter requesting the AO to treat the original return as the return of income pursuant to the 147/148 notice. For that we rely on the judgmen…

M/S DUDLEY CAPITAL MARKET LTD,KOLKATA vs. DCIT, CIR.-10(1), KOLKATA

In the result, the appeal of assessee is allowed

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

…assessments after search u/s 132 of the Act. Since issuance of notice u/s 143(2) is mandatory before scrutiny assessment even section 292BB of the Act cannot come to the rescue of the AO. And the Hon’ble Madras High Court in the case of CIT vs. C. Palaniapan (284 ITR 257(Mad)] held that issuance of notice u/s 143(2) is mandatory in reassessment cases also. Further, we do not find any merit in the argument of the Ld. CIT, DR that return of income should have been filed and not the letter requesting the AO to treat the original return as the return of income pursuant to the 147/148 notice. For that we rely on the j…

LATE RAM KISHAN MALL, L/H SHRI MAN MOHAN MALL ,KOLKATA vs. ITO, WARD - 62(4), KOLKATA , KOLKATA

Bench: Shri S.S, Godaraassessment Year:2004-05

…was issued to the assessee before making the re-assessment. The learned Tribunal, relying on the judgment in the case of ACIT -vs- Hotel Bluemoon, reported in (2010) 321 ITR 362 (SC) and the judgment in the case of CIT -vs- C. Palaniyappan, reported in (2006) 284 ITR 257 (Madras), opined that the re-assessment was without jurisdiction and was, therefore, quashed. It is against this order that the revenue has come up. "We find no infirmity in the order under challenge. The appeal is as such dismissed. " The Revenue has sought to rely on a Madras High Court judgment reported at 294 ITR 233 (Areva T & D India Ltd. v…

BIRESWAR DUTT ESTATES PVT. LTD., ,KOLKATA vs. ITO, WARD - 5(3), KOLKATA , KOLKATA

Bench: Shri S.S, Godaraassessment Year:2011-12

…was issued to the assessee before making the re-assessment. The learned Tribunal, relying on the judgment in the case of ACIT -vs- Hotel Bluemoon, reported in (2010) 321 ITR 362 (SC) and the judgment in the case of CIT -vs- C. Palaniyappan, reported in (2006) 284 ITR 257 (Madras), opined that the re-assessment was without jurisdiction and was, therefore, quashed. It is against this order that the revenue has come up. "We find no infirmity in the order under challenge. The appeal is as such dismissed. " The Revenue has sought to rely on a Madras High Court judgment reported at 294 ITR 233 (Areva T & D India Ltd. v…

A.C.I.T CIR - 1,HOOGHLY, HOOGHLY vs. M/S JAIRAM DISTRIBUTORS, HOOGHLY

In the result, the appeal of the Revenue is dismissed

Bench: : Shri P.M. Jagtap & Shri S.S Viswanethra Ravi

…e and ambit of a block assessment is limited to materials unearthed during search and can only be done on the basis of evidence found as a result of search or requisition. 5.1. Further the Hon'ble Madras High Court in the case of CIT vs C. Palaniappan (2006) 284 ITR 257 (Mad) while considering the reopening of assessment u/s 147 r.w.s. 148 of the Act qua the issuance of notice u/s 143(2) the Act has held as under :- " We heard learned counsel for the parties. Learned counsel appearing for the Revenue submitted that the Appellate Tribunal failed to appreciate the fad that the assessment was completed only under…