CIT v. Foramer France

232 CTR 260High Court2010#5135 most cited

What is CIT v. Foramer France authority for?

Reopening assessment proceedings after four years is invalid unless the assessee failed to disclose true and material facts.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Foramer France · section 147 · proviso to section 147 · failure to disclose true and material facts · reopening assessment · four years limitation · assessment procedure

Also reported as

247 ITR 463287 Taxmann 413

Sections most often in play

Section 143(3)Section 147Section 148Section 133(6)Section 14ASection 151Section 80ICSection 142(1)

Issues it is cited on

true and full disclosureamp expendituresection 92bafresh tangible materialsanction under section 151first proviso to section 147transfer pricing ordermaterial facts necessary for assessmentsection 148(2)sanctioning authoritymere change of opinionkelvinator

Judgments citing CIT v. Foramer France

ACIT, New Delhi vs. M/S. Dsl Software Ltd., New Delhi

In the result, all the three appeals of the Revenue and cross objection of the assessee are dismissed

ITA 2310/DEL/2012[2003-04]Status: DisposedITAT Delhi30 Apr 2019AY 2003-04

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 10BSection 143(3)Section 148Section 14ASection 80HSection 90

…In the Income-Tax Appellate Tribunal, Delhi Bench ‘B’, New Delhi Before : Shri Amit Shukla, Judicial Member And Shri L.P. Sahu, Accountant Member ITA No. 3722/Del/2014 & 3723/Del/2014 Assessment Years: 2002-03 & 2005-06 DCIT, Central Circle-2, vs. DSL Software Ltd. (Now amalgamated New Delhi. with HCL Technologies Ltd.), 806, Siddharth, 96, Nehru Place, New Delhi. PAN- AAACH1545P (Appellant) (Respondent) Assessment Year: 2003-04 ACIT, Central Circle-18, vs. DSL Software Ltd. (Now amalgamated New Delhi. with HCL Technologies Ltd.), 806, Siddharth, 96, Nehru Place, New Delhi. PAN- AAACH1545P (Appellant) (Resp…

ACIT, Jaipur vs. State Bank of Bikaner & Jaipur, Jaipur

Appeal is dismissed

ITA 41/JPR/2010[2007-08]Status: DisposedITAT Jaipur29 Aug 2017AY 2007-08
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Rolly Agarwal (CIT)
Section 14ASection 36(1)(viia)

…nclusion that there was escapement of income from assessment. Reason must have a link with the formation of the belief. 2. CIT vs. Foramer France : 264 ITR 567(SC) Supreme Court affirmed the decision of the Allahabad High Court in the case of Foramer v. CIT 247 ITR 463, wherein it was, inter alia, held by the Court in the context of the provisions of section 147/148 of the Act, as amended with effect from 1.4.1989, that the reassessment cannot be based on a mere change of opinion and that the law that an assessment could not be reopened on a change of opinion was the same before and after the amendment by the D…

M/S S B B J, Jaipur vs. ACIT, Jaipur

Appeal is dismissed

ITA 921/JPR/2009[2007-08]Status: DisposedITAT Jaipur29 Aug 2017AY 2007-08
For Appellant: Shri P.C. Parwal (CA)For Respondent: Smt. Rolly Agarwal (CIT)
Section 14ASection 36(1)(viia)

…nclusion that there was escapement of income from assessment. Reason must have a link with the formation of the belief. 2. CIT vs. Foramer France : 264 ITR 567(SC) Supreme Court affirmed the decision of the Allahabad High Court in the case of Foramer v. CIT 247 ITR 463, wherein it was, inter alia, held by the Court in the context of the provisions of section 147/148 of the Act, as amended with effect from 1.4.1989, that the reassessment cannot be based on a mere change of opinion and that the law that an assessment could not be reopened on a change of opinion was the same before and after the amendment by the D…