CIT v. Fujistu Optel Ltd.

M/S. Indore Paraspar Sahakari Bank Ltd., Indore vs. ACIT-I(I), Indore

In the result this common issue is decided in favour of the assessee and the relevant grounds raised in Assessment Year 2008-09 to Assessment Year 2012-13 in I

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…mere change of opinion and as such it is submitted that the action of reopening is bad in law and without jurisdiction: In this connection, attention is drawn to the following cases. District Cooperative Bank Ltd V/s DCIT (All) CIT Versus Fujistu Optel Ltd (359 ITR 67) Madhya Pradesh High Court CIT v/s. Trimurti Builders (M.P.) (246 CTR 308) CIT Vs. Kelvinator of India Ltd. (256 ITR (Del) CIT v/s Orient Craft Ltd (354 ITR 536) (Del) DIT vs. Rolls Royee Industrial Power India Ltd (2017) 82 taxmann.com 166 (Delhi High Court) Ranbaxy Laboratories Ltd Versus Deputy Commissioner of Income Tax and OTR 351 ITR 23 Delh…

M/S Indore Paraspar Sahkari Bank Ltd., Indore vs. Income Tax Officer -2 (5), Indore

In the result this common issue is decided in favour of the assessee and the relevant grounds raised in Assessment Year 2008-09 to Assessment Year 2012-13 in I

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

…mere change of opinion and as such it is submitted that the action of reopening is bad in law and without jurisdiction: In this connection, attention is drawn to the following cases. District Cooperative Bank Ltd V/s DCIT (All) CIT Versus Fujistu Optel Ltd (359 ITR 67) Madhya Pradesh High Court CIT v/s. Trimurti Builders (M.P.) (246 CTR 308) CIT Vs. Kelvinator of India Ltd. (256 ITR (Del) CIT v/s Orient Craft Ltd (354 ITR 536) (Del) DIT vs. Rolls Royee Industrial Power India Ltd (2017) 82 taxmann.com 166 (Delhi High Court) Ranbaxy Laboratories Ltd Versus Deputy Commissioner of Income Tax and OTR 351 ITR 23 Delh…

The DCIT-3(1), Indore vs. Kumari Sheetal Garg, Indore

In the result Ground No. 1& 2 of the

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Dcit-3(1), Kumari Sheetal Garg, Indore Vs. 8/2, New Palasia, Indore (Appellant) (Respondent ) Pan No.Afhpg9179G Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

…Sheetal Garg आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE HON'BLE KUL BHARAT, JUDICIAL MEMBER AND HON'BLE MANISH BORAD, ACCOUNTANT MEMBER Assessment Year 2008-09 DCIT-3(1), Kumari Sheetal Garg, Indore Vs. 8/2, New Palasia, Indore (Appellant) (Respondent ) PAN No.AFHPG9179G Revenue by Shri K.C. Selvamani, Sr.DR Assessee by Shri S.S. Solanki, CA Date of Hearing 07.01.2019 Date of Pronouncement 10.01.2019 O R D E R PER MANISH BORAD, AM. The above captioned appeal is filed at the instance of Revenue pertaining to Assessment Year 2008-09 and is directed…

ITO, Khurda vs. Bularam Dalai, Khurda

In the result, appeal of the Revenue is dismissed

…to an impermissible review. Here, there is nothing to show what triggered the issuance of notice of reassessment - no information or new facts which led the AO to believe that full disclosure had not been made. In the case of CIT v. Fujistu Optel Ltd. (2013) 359 ITR 67 / 261 CTR 446 / 40 Taxmann.com 25 / (2014) 220 Taxman 34 (Mag.) (MP)(HC), there was no new material to hold that income has escaped assessment, hence reassessment was held to be not valid. The facts are that the assessment had been framed u/s. 143(3) of the Act. Subsequently, the case was reopened on account that assessee has wrongly claimed depre…

M/S. Sanwaria Agroils Limited, Bhopal vs. The ACIT 1(1), Bhopal

In the result, the appeal of the assessee is partly allowed

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

…M/s. Sanwaria Agroil Ltd. / I.T.A. No. 620/Ind/2013 /A.Y.:07-08 Page 1 of 34 आयकर अपीलीय अिधकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE च""मोहन गग", "याियक सद"य तथा "ी ओ.पी.मीना, लेखा सद"य के सम" BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER आ.अ.सं./ I.T.A. No. 620/Ind/2013 िनधा"रण वष" /Assessment Year: 2007-08 M/s. Sanwaria Agroils Ltd. ACIT 1(1) Bhopal E-1/1 Arera Colony Bhopal v. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./PAN: AACSS 1449 N अपीलाथ" क" ओर से/Appellant by Shri Anil Kumar Khabya, CA ""यथ" क" ओर से/Respondent…

The ACIT, Cicle -4(1), Indore vs. M/S. Narottamdas Enterprises Poddar Plaza, Indore

In the result, the appeal of the Revenue is dismissed

Bench: Shri D.T. Garasia & Shri O.P. Meena

…s issue has not been found permissible within the four corners of law as held by various Courts including Hon'ble Supreme Court in the case of case of CIT vs. Kelvinator of India, 320 ITR 561. The MP High Court in the case of CIT vs. Fujistu Optel Ltd, (2013) 359 ITR 67 (MPHC) has also held that on the basis of same set of facts, if the assessing officer was of the view that it was a case of escaped assessment, then it was a case of change of opinion and not a case of reassessment. Further, it is apparent from the facts on record that during reassessment proceedings also, vide letter dated 10.06.2014 the issue wa…