CIT v. Discovery Estates (P) Ltd.

356 ITR 159High Court2013#5786 most cited
20

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Issues it is cited on

Judgments citing CIT v. Discovery Estates (P) Ltd.

SAVI REALTY HOLDING PVT LTD,HYDERABAD vs. DCIT, CIRCLE-3(1), HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 140/HYD/2023[2008-09]Status: DisposedITAT Hyderabad20 Sept 2024AY 2008-09

Bench: Shri Manjunatha G, Accountnat Member & Shri Prakash Chand Yadavआ.अपी.सं /Ita No.140/Hyd/2023 (निर्धारण वर्ा/Assessment Year:2008-09) M/S. Savi Realty Holding Pvt. Ltd., Dy. Commissioner Of Income Tax, Vs. Circle 3(1), Hyderabad. Hyderabad. Pan: Aabcj0018K (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By:: Shri Srinath Sadanala, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 12/09/2024 घोर्णध की तधरीख/Pronouncement: 20/09/2024

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: : Shri Srinath Sadanala, SR-DR
Section 132Section 132(4)Section 147Section 148

…with cogent material that there is some under statement of the sale consideration. Reference can be made to the following judgments: a) K.P.Varghese Vs ITO 131 ITR 597(SC) b) CIT Vs P.V.Kalyan Sundram 164 Taxman 78(SC) c) CIT Vs Discovery Estate reported in 356 ITR 159(Del) 7.1 It is also settled position of law that a photocopy document cannot be made basis for making an addition in tax proceedings. Examining this issue by Hon’ble Delhi High Court recently in the case of PCIT Vs. Rashmi Raji Mehta 984 of 2019 vide its order dated 4.3.2024 in paras 17 & 18 the Hon’ble Court has observed as under : “ 17. Admit…

SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 868/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Dec 2017AY 2012-13

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 868/Kol/2017 Assessment Year: 2012-13 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred

Section 115JSection 143(3)Section 263Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘B’, KOLKATA [Before Shri P.M. Jagtap, AM and Shri S.S. Viswanethra Ravi, JM] I.T.A. No. 868/Kol/2017 Assessment Year: 2012-13 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6th Floor, Circular Court, 8, AJC Bose Road, Kolkata – 700017. [PAN : AAHCS 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances by: Shri A.K. Gupta, FCA appearing on behalf of the Assessee. Md. Usman, CIT DR appearing on behalf of the Revenue. Date of concluding…

SARDA MINES PVT. LIMITED,KOLKATA vs. DCIT, CIRCLE-05(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 867/KOL/2017[2007-08]Status: DisposedITAT Kolkata14 Dec 2017AY 2007-08

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6Th Floor, Circular Court, 8, Ajc Bose Road, Kolkata – 700017. [Pan : Aahcs 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances By: Shri A.K. Gupta, Fca Appearing On Behalf Of The Assessee. Md. Usman, Cit Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 21, 2017 Date Of Pronouncing The Order : December 14, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Principal Cit – 2, Kolkata Dated 28.03.2017 Passed Under Section 263 Of The Income Tax Act, 1961 & The Grounds Raised By The Assessee Therein Read As Under: “1. For That The Order Passed Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) By The Principal Commissioner Of Income Tax -2, Kolkata (In Short ‘Cit’) Dated 28.03.2017 Is Without Jurisdiction & Illegal As None Of The Condition Precedent For Exercise Of The Power Under Section 263 Of The Act Exists And/Or Has Been Satisfied & As Such The Said Order Is Erroneous & Without Jurisdiction & Liable To Be Cancelled. 2. For That The Order Passed By The Assessing Officer Was Not In Any Way Erroneous Or Prejudicial To The Interest Of Revenue & As Such The Cit Would Not Exercise Any Power Under Section 263 Of The Act. The Cit Erred In Holding That The Order Of Assessment Is Erroneous & Prejudicial To The Interest Of Revenue.

Section 263Section 35A

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘B’, KOLKATA [Before Shri P.M. Jagtap, AM and Shri S.S. Viswanethra Ravi, JM] I.T.A. No. 867/Kol/2017 Assessment Year: 2007-08 Sarda Mines Pvt. Ltd...............................………………………………………………Appellant 6th Floor, Circular Court, 8, AJC Bose Road, Kolkata – 700017. [PAN : AAHCS 2419 R] D.C.I.T., Cir 5(2) Kolkata………………………………………………......................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 69 Appearances by: Shri A.K. Gupta, FCA appearing on behalf of the Assessee. Md. Usman, CIT DR appearing on behalf of the Revenue. Date of concluding…

CIT v. Discovery Estates (P) Ltd. (356 ITR 159) — Cited in 20 Judgments | BharatTax