CIT v. Chohan Resorts

134 Taxmann.com 644Reported decision2013#9371 most cited

What is CIT v. Chohan Resorts authority for?

A reference to the Director of Valuation (DVO) for assessing the value of cost of construction is permissible only after the assessee's books of account concerning such cost have been rejected by the revenue on a legal or justified basis. If the books of account are maintained and not rejected, a reference to the DVO is misconceived.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2019.

Also referred to as

CIT v. Chohan Resorts · DVO reference · rejection of books of account · cost of construction · assessment of value · maintained books of account

Also reported as

359 ITR 39

Judgments citing CIT v. Chohan Resorts

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 379/COCH/2017[2014-15]Status: DisposedITAT Cochin30 Apr 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 378/COCH/2017[2012-13]Status: DisposedITAT Cochin30 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 377/COCH/2017[2011-12]Status: DisposedITAT Cochin30 Apr 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 376/COCH/2017[2010-11]Status: DisposedITAT Cochin30 Apr 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 375/COCH/2017[2009-10]Status: DisposedITAT Cochin30 Apr 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…

The ACIT, Cen-Circle-1, Kozhikkode vs. M/S.Ardra Associates, Thrissur

In the result, the appeals of the assessee are allowed and the appeals of

ITA 374/COCH/2017[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 499/COCH/2016[2012-13]Status: DisposedITAT Cochin30 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 498/COCH/2016[2011-12]Status: DisposedITAT Cochin30 Apr 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 497/COCH/2016[2010-11]Status: DisposedITAT Cochin30 Apr 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

M/S.Ardra Associates, Trichur vs. The DCIT, Calicut

In the result, the appeals of the assessee are allowed and the appeals of

ITA 496/COCH/2016[2009-10]Status: DisposedITAT Cochin30 Apr 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…nt case, a categorical finding is recorded by the Tribunal that the books were rejected. This aspect has not been considered by the High Court. In the circumstances, reliance place on the report of the DVO was misconceived.”. In CIT vs. Chohan Resorts (2013) 359 ITR 39/134 taxmann.com 644), the High Court of Punjab & Haryana held as under: "Learned counsel for the revenue was unable to justify that when the books of account in respect of cost of construction have been maintained by the assesses and the same were not rejected, how the matter could be referred to the DVO for assessing the value. Wherever the boo…

M/S.Ardra Associates, Trichur vs. The DCIT(, Trivandrum

In the result, the appeals of the assessee are allowed and the appeals of

ITA 495/COCH/2016[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos. 374 To 379/Coch/2017 Assessment Years : 2008-09 To 2012-13 & 2014-15

Section 131Section 142ASection 143(3)Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos. 374 to 379/Coch/2017 Assessment Years : 2008-09 to 2012-13 & 2014-15 The Assistant Commissioner of Vs. M/s. Ardra Associates, Income-tax, Central Circle-1, Capital Towers, Kozhikode. Thiruambady P.O., Patturaikkal, Thrissur-680 022. [PAN:AAIFA 2325E] (Revenue-Appellant) (Assessee-Respondent) I.T.A. Nos. 495 to 499/Coch/2016 & ITA No. 241/Coch/2018) Assessment Years : 2008-09 to 2012-13 & 2013-14 M/s. Ardra Associates, Vs. The Assistant Commissioner of Capital Towers, Income-…