CIT v. Hero Cycles (P.) Ltd.

228 ITR 463Supreme Court of India1997#318 most cited

What is CIT v. Hero Cycles (P.) Ltd. authority for?

A point not examined on facts or in law cannot be treated as a mistake apparent on record for rectification purposes.

262

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Hero Cycles (P.) Ltd. · Hero Cycles · 228 ITR 463 · 94 Taxmann 271 · mistake apparent on record · rectification · point not examined · facts or law · Section 143(3) · Section 14A

Also reported as

94 Taxmann 271

Sections most often in play

Section 143(3)Section 153ASection 115JBSection 14ASection 153DSection 153B(1)(b)Section 250Section 148

Issues it is cited on

section 234e(1)installation pesection 119(1)use of equipmentsection 253(2)dependent agent pesection 119(2)(a)section 44dagency peservice pefunctional analysissection 200a(1)(c)

Judgments citing CIT v. Hero Cycles (P.) Ltd.

Intrado Ec India Private Limited, Bengaluru vs. DCIT-Circle-3(1)(1), Bangalore

In the result, the appeal of the assessee is allowed

ITA 239/BANG/2021[2016-17]Status: DisposedITAT Bangalore09 Nov 2022AY 2016-17

Bench: Smt. Beena Pillai & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt. CIT(DR)(ITAT)
Section 143(3)Section 153Section 2CSection 40Section 92C

…n issued. 13.1 It is also important to note about the binding nature of CBDT circular on the Income-tax Authorities for which gainful guidance is taken from the decision of Hon'ble Supreme Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 94 Taxman 271/228 ITR 463 wherein it was held that circulars bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. 13.2 In the case of UCO Bank v. CIT [1999] 104 Taxman 547/237 ITR 889 (SC), Hon'ble Supreme Court while dealing with the legal status of such circulars, observed thus (page 896): "Such instructions may be by…

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 405/BANG/2022[2016-17]Status: DisposedITAT Bangalore31 Oct 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

…n issued. 13.1 It is also important to note about the binding nature of CBDT circular on the Income-tax Authorities for which gainful guidance is taken from the decision of Hon'ble Supreme Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 94 Taxman 271/228 ITR 463 wherein it was held that circulars bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. 13.2 In the case of UCO Bank v. CIT [1999] 104 Taxman 547/237 ITR 889 (SC), Hon'ble Supreme Court while dealing with the legal status of such circulars, observed thus (page 896): "Such instructions may be by…

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 404/BANG/2022[2015-16]Status: DisposedITAT Bangalore31 Oct 2022AY 2015-16

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

…n issued. 13.1 It is also important to note about the binding nature of CBDT circular on the Income-tax Authorities for which gainful guidance is taken from the decision of Hon'ble Supreme Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 94 Taxman 271/228 ITR 463 wherein it was held that circulars bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. 13.2 In the case of UCO Bank v. CIT [1999] 104 Taxman 547/237 ITR 889 (SC), Hon'ble Supreme Court while dealing with the legal status of such circulars, observed thus (page 896): "Such instructions may be by…

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 403/BANG/2022[2014-15]Status: DisposedITAT Bangalore31 Oct 2022AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

…n issued. 13.1 It is also important to note about the binding nature of CBDT circular on the Income-tax Authorities for which gainful guidance is taken from the decision of Hon'ble Supreme Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 94 Taxman 271/228 ITR 463 wherein it was held that circulars bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. 13.2 In the case of UCO Bank v. CIT [1999] 104 Taxman 547/237 ITR 889 (SC), Hon'ble Supreme Court while dealing with the legal status of such circulars, observed thus (page 896): "Such instructions may be by…

DCIT, Circle- 10(1), New Delhi vs. G4S Facility Services (India) Pvt. Ltd., New Delhi

In the result, appeal filed by the Revenue is dismissed

ITA 559/DEL/2019[2015-16]Status: DisposedITAT Delhi30 Aug 2022AY 2015-16

Bench: Dr. B.R.R. Kumar & Shri N.K. Choudhryassessment Year: 2015-16

For Appellant: Sh. SalilKapoor, Ld. AdvFor Respondent: Sh. Ravi Kant Choudhary, Ld. Sr. DR
Section 139(1)Section 2(24)(x)Section 250Section 26(1)(va)Section 36(1)(va)Section 43B

…xmann.com 185. 4 6.6 As regards applicability of CBDT's Circular number 22/2015, the circular cannot be conclusive and override judicial decisions as held in Geep Industrial Syndicate Ltd. vs. CBDT (1987) 166 ITR 88 (Del.), CIT vs. Hero Cycles (P) Ltd. (1997) 228 ITR 463(SC) and UCO Bank vs. CIT [1999] 237 ITR 889 (SC). 6.7 I have examined the detailed chart of ESI/PF/LWF payments which is also part of the assessment order. Since in the present case, the appellant company has paid the disallowed employee's contribution towards ESI/PF and LWF amounting to Rs 3,65,21,460/- well before the due date of filing of ret…

DCIT, Circle-11(1), New Delhi vs. Holisol Logistics P.Ltd, New Delhi

In the result, the appeal of the Revenue stands

ITA 4361/DEL/2018[2014-15]Status: DisposedITAT Delhi30 Aug 2022AY 2014-15

Bench: Dr. B.R.R. Kumar & Shri N.K. Choudhryassessment Year: 2014-15

For Appellant: Sh. Ravi Kant Choudhary, Ld. Sr. DRFor Respondent: Sh. R.K. Mehra, Ld. CA
Section 250Section 36Section 46ASection 56(2)(vii)Section 56(2)(viib)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’ NEW DLEHI BEFORE DR. B.R.R. KUMAR, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER Assessment Year: 2014-15 DCIT, Circle 11(1), VersuS HolisolLogistrics P. Ltd. New Delhi. A-1, CarippaAMarg, Sainik Farms, New Delhi PAN: AACCH2364P (Appellant) (Respondent) Appellant by :Sh. Ravi Kant Choudhary, Ld. Sr. DR Respondent by : Sh. R.K. Mehra, Ld. CA. Date of hearing : 30.08.2022 Date of order : 30.08.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Revenue against the order dated 28.03.2018, impugned herein, passed by the lear…

Tata Medical Centre Trust, Kolkata vs. CIT(Exemptions), Kolkata

In the result, the appeal of the assessee is allowed

ITA 238/KOL/2021[2016-17]Status: DisposedITAT Kolkata18 Jul 2022AY 2016-17

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2016-17 Tata Medical Centre Trust Commissioner Of Income- Plot No. Dh 7 Dh 8, 14 Tax, (Exemption), Major Arterial Road (Ew) Vs. Kolkata. Action Area I, West Bengal-700156 (Pan: Aabtt2222Q) (Appellant) (Respondent)

For Appellant: Shri Akshay Ringasia, CA & Tarak Nath JaiswalFor Respondent: Shri Deb Kr. Sonowal, CIT, DR
Section 12ASection 143(3)Section 263

…eemed to have never been issued. 13.1 It is also important to note about the binding nature of CBDT circular on the Income-tax Authorities for which gainful guidance is taken from the decision of Hon’ble Supreme Court in the case of CIT v. Hero Cycles [1997] 228 ITR 463 (SC) wherein it was held that circulars bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. 18 Tata Medical Centre Trust AY 2016-17 13.2 In the case of UCO Bank [1999] 237 ITR 889 (SC), Hon’ble Supreme Court while dealing with the legal status of such circulars, observed thus (page 896): "Suc…

DDIT (I.T) 2(1), Mumbai vs. M/S. Reuters Ltd., Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

ITA 5025/MUM/2004[1999-2000]Status: DisposedITAT Mumbai05 Jul 2022AY 1999-2000
Section 143(3)

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

DDIT (I.T) 2(1), Mumbai vs. M/S. Reuters Ltd., Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

ITA 5024/MUM/2004[1998-1999]Status: DisposedITAT Mumbai05 Jul 2022AY 1998-1999
Section 143(3)

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

Refinitiv Ltd., Mumbai vs. DCIT (I.T) 2(1), Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

ITA 4997/MUM/2004[1999-2000]Status: DisposedITAT Mumbai05 Jul 2022AY 1999-2000
Section 143(3)

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

Refinitiv Ltd., Mumbai vs. DCIT (I.T) RG. 2, Mumbai

In the result, both the appeals filed by the Assessing Officer are dismissed, and both the appeals filed by the assessee are allowed in the limited terms indicated above

ITA 4996/MUM/2004[1998-1999]Status: DisposedITAT Mumbai05 Jul 2022AY 1998-1999
Section 143(3)

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

M/S. Essity Hygiene and Health Ab, Mumbai vs. Dy CIT, International Taxation-4(2)(1), Mumbai

In the result, appeal by assessee is partly allowed in the terms aforesaid

ITA 778/MUM/2021[2017-18]Status: DisposedITAT Mumbai10 Jun 2022AY 2017-18

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.778/मुं/2021 ("न.व. 2017-18) M/S. Essity Hygiene & Health Ab, C/O. Sudit K. Parekh & Co. Llp, Urmi Axis, 6Th Floor, Famous Studio Lane, Dr.E.Moses Road, Mahalaxmi, Mumbai 400 011. Pan: Aatcs-0899-K ...... अपीलाथ" /Appellant बनाम Vs. Deputy Commissioner Of Income Tax- (International Taxation)- 4(2)(1), 17Th Floor, Room No.1708, Air India Building, Nariman Point, Mumbai – 400 021 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jitendra Jain ""तवाद" "वारा/Respondent By : Shri Milind S. Chavan सुनवाई क" "त"थ/ Date Of Hearing : 14/03/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 10/06/2022 आदेश/ Order

For Appellant: Shri Jitendra JainFor Respondent: Shri Milind S. Chavan
Section 143(3)

…o make them operational one by one. 12. It is trite law that a circular issued by the CBDT is binding on the AO and not on the assessee or the Tribunal or other appellate authorities. It has been held so authoritatively in CIT Vs. Hero Cycles Pvt. Ltd. (1997) 228 ITR 463 (SC) as reiterated in CCE Vs. M/s. Ratan Melting and Wire Industries (2008) 220 CTR 98 (SC). Ex consequenti, the Circular transgressing the boundaries of section 90(1) of the Act, cannot bind the Tribunal. 13. Notwithstanding the above, it can be seen that the CBDT has panned out a fresh requirement of separate notification to be issued for India…

Periyasamy Pillai Educational Trust, Chennai vs. ITO Exemptions Ward 4, Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 2824/CHNY/2018[2009-10]Status: DisposedITAT Chennai01 Jun 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 2824/Chny/2018 िनधा"रण वष"/Assessment Year:2009-10 M/S. Periyasamy Pillai Educational The Income Tax Officer Trust, No. 4, Aishwarya Complex, Vs. (Exemptions), Ward 4, 41, Duraisamy Road, T. Nagar, Chennai. Chennai 600 017. [Pan:Aaatp9255C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 09.05.2022 घोषणा की तारीख /Date Of Pronouncement : 01.06.2022 आदेश /O R D E R Per V. Durga Rao,: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai, Dated 05.07.2018 Relevant To The Assessment Year 2009-10. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Commissioner Of Income-Tax (Appeals) Dismissing The Appeal Is Contrary To Law, Erroneous & Unsustainable On The Facts Of The Case. 2. The Cit(A) Erred In Upholding The Order Of The Officer That The Issue Of Assessing Corpus Donation As Income Of The Trust Would Not Fall For Consideration Under Sec.154 Of The Act.

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 11Section 11(1)(d)Section 12ASection 143(3)Section 154

…आयकर अपीलीय अिधकरण, ’सी’ "ायपीठ, चे"ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI "ी वी दुगा" राव "ाियक सद" एवं "ी जी. मंजुनाथा, लेखा सद" के सम" Before Shri V. Durga Rao, Judicial Member & Shri G. Manjunatha, Accountant Member आयकर अपील सं./I.T.A. No. 2824/Chny/2018 िनधा"रण वष"/Assessment Year:2009-10 M/s. Periyasamy Pillai Educational The Income Tax Officer Trust, No. 4, Aishwarya Complex, Vs. (Exemptions), Ward 4, 41, Duraisamy Road, T. Nagar, Chennai. Chennai 600 017. [PAN:AAATP9255C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant by : Shri T. Vasudevan, Advocate ""थ" की ओर से/R…

Micro Focus Software Inc. (Earlier Known As Novell Inc.), Usa vs. The Dy CIT (Intl. Taxation)-Circle-3(2)(2), Mumbai

In the result, the appeal is allowed in the terms indicated above

ITA 863/MUM/2021[2017-18]Status: DisposedITAT Mumbai30 May 2022AY 2017-18
Section 139(1)Section 143(3)Section 234A

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

South West Pinnacle Exploration Ltd., Gurgaon vs. ACIT Circle-24(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 5763/DEL/2019[2012-13]Status: DisposedITAT Delhi26 May 2022AY 2012-13

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri I.P. Bansal, AdvFor Respondent: Shri Sanjay Kumar Nargas, Sr.DR
Section 154Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER I.T.A. No.5763/DEL/2019 Assessment Year 2012-13 South West Pinnacle Exploration v. ACIT, Ltd., Circle-24(1), Plot No.6, Siddhartha House Sector- New Delhi. 44, Gurgaon. TAN/PAN: AAKCS3608R (Appellant) (Respondent) Appellant by: Shri I.P. Bansal, Adv. Respondent by: Shri Sanjay Kumar Nargas, Sr.DR Date of hearing: 18 05 2022 Date of pronouncement: 26 05 2022 O R D E R PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed at the instance of the assessee aga…

M/S Wintac Ltd, Bangalore vs. Dy, Commissioner of Income Tax Circle-12(5), Bangalore

In the result appeal filed by assessee in ITA

ITA 1164/BANG/2017[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 M/S. Wintac Ltd., No. 54/1, Boodhihal The Commissioner Of Village, Income Tax, Nelamangala, Bangalore – Iii. Bangalore – 562 123. Vs. Pan: Aaacr8313H Appellant Respondent & Assessment Year : 2008-09 M/S. Wintac Ltd., The Deputy No. 54/1, Budihal Village, Commissioner Of Nelamangala Taluk, Income Tax, Bangalore – 562 123. Circle – 12 (5), Pan: Aaacr8313H Vs. Bangalore. Appellant Respondent : Shri H. Anil Kumar & Assessee By Shri Balram R Rao, Advocates : Dr. Manjunath Karkihalli, Cit Revenue By Dr Date Of Hearing : 17-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/07/2021 Passed By Hon’Ble Karnataka High Court In Ita No.90 Of 2015

For Respondent: Shri H. Anil Kumar &
Section 115WSection 115W(2)Section 263

…y to make a particular assessment or dispose of a particular case in a particular manner so as to interfere with the discretion of the CIT(A) in the exercise of his appellate functions. The Hon'ble Apex Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463/ 94 Taxman 271has held that circulars can bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. The jurisdictional High Court in the case of East India Hotels Ltd. (supra) held that - "Similarly, under section 119 of the Act a power has been reserved in favour of the Central Board of Direct Taxe…

Wintac Ltd vs. C.I.T

In the result appeal filed by assessee in ITA

ITA 604/BANG/2013[2008-09]Status: DisposedITAT Bangalore31 Mar 2022AY 2008-09

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 M/S. Wintac Ltd., No. 54/1, Boodhihal The Commissioner Of Village, Income Tax, Nelamangala, Bangalore – Iii. Bangalore – 562 123. Vs. Pan: Aaacr8313H Appellant Respondent & Assessment Year : 2008-09 M/S. Wintac Ltd., The Deputy No. 54/1, Budihal Village, Commissioner Of Nelamangala Taluk, Income Tax, Bangalore – 562 123. Circle – 12 (5), Pan: Aaacr8313H Vs. Bangalore. Appellant Respondent : Shri H. Anil Kumar & Assessee By Shri Balram R Rao, Advocates : Dr. Manjunath Karkihalli, Cit Revenue By Dr Date Of Hearing : 17-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Order Dated 28/07/2021 Passed By Hon’Ble Karnataka High Court In Ita No.90 Of 2015

For Respondent: Shri H. Anil Kumar &
Section 115WSection 115W(2)Section 263

…y to make a particular assessment or dispose of a particular case in a particular manner so as to interfere with the discretion of the CIT(A) in the exercise of his appellate functions. The Hon'ble Apex Court in the case of CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463/ 94 Taxman 271has held that circulars can bind the ITO but will not bind the appellate authority or the Tribunal or the Court or even the assessee. The jurisdictional High Court in the case of East India Hotels Ltd. (supra) held that - "Similarly, under section 119 of the Act a power has been reserved in favour of the Central Board of Direct Taxe…

Shiv Shakti Traders, Ghaziabad vs. ACIT, Circle-2, Ghaziabad

In the result, the appeal is partly allowed

ITA 2877/DEL/2019[2013-14]Status: DisposedITAT Delhi15 Mar 2022AY 2013-14

Bench: Dr. B.R.R. Kumar & Ms. Astha Chandraasstt. Year: 2013-14

For Appellant: NoneFor Respondent: Shri Umesh Takyar, Sr. DR
Section 143(3)Section 154Section 40A(3)

…g which appears to be ex facie and is incapable of arguments or debate in the following judgments:- (i) T.S. Balaram ITO vs. Volkart Brothers 82 ITR 50 (SC) (ii) CIT vs. Tata Engg. And Locomotive Co. Ltd. 108 ITR 869 (Bom) (iii) CIT vs. Hero Cycles Pvt. Ltd. 228 ITR 463 (SC). It is well settled that mistake may be of fact or of law. The only condition precedent is that the mistake must be apparent from the record of the assessee and that it must be glaring, obvious or self evident mistake as held by the Delhi High Court in CIT vs. Delhi Cloth & General Mills Co. Ltd. 197 ITR 223 (Del). It has been held by the H…

Ups Asia Group Pte Ltd., Mumbai vs. Asstt. CIT (International Taxation)-4(3)(1), Mumbai

In the result, appeal by the assessee is allowed in terms of our aforesaid findings

ITA 1220/MUM/2021[2017-18]Status: DisposedITAT Mumbai08 Mar 2022AY 2017-18

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Milind S. Chavan, Sr. AR
Section 143(3)Section 144CSection 144C(13)Section 9(1)(i)

…istration of law by all the income-tax authorities in a specific situation and, therefore, validly issued under section 119 of the Income-tax Act. As such, the circular would be binding on the department." (p. 901) See also CIT v. Hero Cycles (P.) Ltd. [1997] 228 ITR 463 (SC). It would thus be clear that the Circular No. 23 would be binding on the Assessing Officer and had to be considered while assessing the tax liability of an assessee. The Tribunal in its judgment has not considered the effect of the finding recorded by the CIT (Appeals) based on the Circular and which circular was relevant for the purpose of…

Shri. Rajesh Devraj Mehra, Mumbai vs. ITO 10 (1)(2), Mumbai

In the result, appeal filed by the assessee is dismissed

ITA 4909/MUM/2019[2015-16]Status: DisposedITAT Mumbai22 Feb 2022AY 2015-16

Bench: Shri Vikas Awasthy () & Shri Gagan Goyal ()

Section 139(5)Section 143(2)Section 143(3)Section 154

…take and not something which can be established by long drawn process of reasoning on points on which there may be considerably two opinions. In this connection, he relied upon the decision of the Hon’ble Supreme Court in the case of Hero Cycle Pvt Ltd (1997) 228 ITR 463 (SC) wherein it was held that a point which was not examined on facts or in law cannot be dealt with as a mistake apparent from the record. The learned DR, therefore, pleaded that the appeal of the assessee deserves to be dismissed. 6. We have considered the rival submissions and perused the materials placed before us. Any rectification of mista…