CIT v. Jakhotia Plastics P. Ltd.

94 Taxmann.com 89High Court2018#11850 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2019 to 2025.

Sections most often in play

Section 143(3)Section 147Section 148Section 10(38)Section 133ASection 139(2)Section 142(1)Section 144

Issues it is cited on

section 55(2)section 139(9)section 49fresh tangible materialsection 55going concernvaluation of sharesfull value of considerationtransfer of capital assetindexed cost of acquisitiondate of transfersection 48

Judgments citing CIT v. Jakhotia Plastics P. Ltd.

Dharam Chand Agarwal, Kanpur (Uttar Pardesh) vs. Principal Commissioner of Income Tax, Kanpur- I

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

ITA 358/LKW/2024[2016-2017]Status: DisposedITAT Lucknow31 Dec 2025AY 2016-2017

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Dharam Chand Agarwal, Vs. Pr. Commissioner Of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. Pan: Aanpa1942L (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 07.10.2025 Date Of Pronouncement: 31.12.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Pr. Cit, Kanpur-1 On 31.03.2024 Under Section 263 Of The Income Tax Act, 1961, Wherein The Ld. Pcit Has Set Aside The Order Passed By The Ld. Ao On 28.03.2022 Under Section 147 R.W.S. 144B For The A.Y. 2016-17 & Directing Him To Pass A Fresh Assessment Order. The Grounds Of Appeal Are As Under:- “1. Because The Assessment Order U/S 147 R.W.S 144 Dated 28.03.2022, Which Has Been Set Aside U/S 263 Of The Act By The Impugned Order Passed By Pr. Cit, Itself Was Illegal & Was Not Enforceable Due To Various Infirmities In The Initiation & Conclusion Of Re-Assessment Proceedings, The Same Could Not Have Been Subjected To Revision U/S 263 Of The Act & Consequently The Impugned Order Is Bad In Law & Wholly Without Jurisdiction. Without Prejudice To The Aforesaid 2. Because The Pr. Cit Has Erred In Law & On Facts In Holding That The Assessment Order Dated 28.03.2022 Passed By The Assessing Officer, Nfac U/S 147 R.W.S 144B Of The Act Is Erroneous In So Far As It Is Prejudicial To The Interest Of Revenue & In Setting Aside The Same By Exercising His Revisionary Jurisdiction U/S 263 Of The Act.

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 133ASection 147Section 148Section 263

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘A’ BENCH, LUCKNOW BEFORE SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y. 2016-17 Dharam Chand Agarwal, vs. Pr. Commissioner of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. PAN: AANPA1942L (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. R.K. Agarwal, CIT DR Date of hearing: 07.10.2025 Date of pronouncement: 31.12.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. Pr. CIT, Kanpur-1 on 31.03.2024 under section 263 of t…

Mahesh Kumar, Delhi vs. ITO, Ward-68(6), Delhi

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2024[2012-13]Status: DisposedITAT Delhi06 Aug 2025AY 2012-13

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

Section 10(38)Section 143(3)Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”, DELHI BEFORE JUSTICE (RETD.) C.V. BHADANG, PRESIDENT (THIRD MEMBER), SHRI MAHAVIR SINGH, VICE PRESIDENT & SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER [Assessment Year: 2012-13] Mahesh Kumar, vs ITO, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. PAN-AOOPK6335A APPELLANT RESPONDENT Appellant by Shri Neeraj Mangla, CA Respondent by Shri Krishna K. Ramawat, Sr. DR Date of Hearing 06.08.2025 Date of Pronouncement 06.08.2025 ORDER PER MAHAVIR SINGH, V.P. : This appeal by the assessee is arising out of the order of Ld. Commissioner of Income Tax (Appea…

Income Tax Officer, Ward 3(1), Delhi vs. Artistic Finance Private Limited, Delhi

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2023[2014-15]Status: DisposedITAT Delhi08 May 2025AY 2014-15

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

Section 10(38)Section 143(3)Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”, DELHI BEFORE JUSTICE (RETD.) C.V. BHADANG, PRESIDENT (THIRD MEMBER), SHRI MAHAVIR SINGH, VICE PRESIDENT & SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER [Assessment Year: 2012-13] Mahesh Kumar, vs ITO, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. PAN-AOOPK6335A APPELLANT RESPONDENT Appellant by Shri Neeraj Mangla, CA Respondent by Shri Krishna K. Ramawat, Sr. DR Date of Hearing 06.08.2025 Date of Pronouncement 06.08.2025 ORDER PER MAHAVIR SINGH, V.P. : This appeal by the assessee is arising out of the order of Ld. Commissioner of Income Tax (Appea…

ACIT, Jammu vs. Sh Vikramaditya Singh, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 269/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Jakhotia Plastics P. Ltd 77 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, (2018) 94 Taxmann.com 89 (Del) when they have held differently is concerned, he submitted that in fact in a later development, on 07.02.2020, the revenue has withdrawn the appeal before the High Court in view of the lower tax effect. He accordingly submitted that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT [20111 336 ITR 136 still holds good and applic…

ACIT, Cir-II, Jammu vs. Smt. Yashorajya Laxmi, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 268/ASR/2007[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Jakhotia Plastics P. Ltd 77 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, (2018) 94 Taxmann.com 89 (Del) when they have held differently is concerned, he submitted that in fact in a later development, on 07.02.2020, the revenue has withdrawn the appeal before the High Court in view of the lower tax effect. He accordingly submitted that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT [20111 336 ITR 136 still holds good and applic…

ACIT, Jammu vs. Dr Karan Singh, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 267/ASR/2007[1998-99\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Delhi24 Jan 2022

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Jakhotia Plastics P. Ltd 77 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, (2018) 94 Taxmann.com 89 (Del) when they have held differently is concerned, he submitted that in fact in a later development, on 07.02.2020, the revenue has withdrawn the appeal before the High Court in view of the lower tax effect. He accordingly submitted that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT [20111 336 ITR 136 still holds good and applic…

ACIT, Jammu vs. Sh M.K. Ajat Shatru, Jammu

In the result, all the fours appeals filed by the Revenue are dismissed and the three Cross Objections as well as the ground as per Rule 27 are allowed

ITA 263/ASR/2003[1998-99]Status: DisposedITAT Delhi24 Jan 2022AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri C.S. Aggarwal, SrFor Respondent: Shri S.D. Kapila, Spl
Section 139(9)Section 147Section 148

…336 ITR 136 is no longer good law since the judgment has been OVERTURNED by the later Bench in the case of CIT vs. Jakhotia Plastics P. Ltd 77 ITA.Nos.263/Asr/2003, 267 to 269/Asr/2007 & C.O.Nos.43 to 45/Asr/2007 Shri M.K. Ajatshatru, Jammu & Others, (2018) 94 Taxmann.com 89 (Del) when they have held differently is concerned, he submitted that in fact in a later development, on 07.02.2020, the revenue has withdrawn the appeal before the High Court in view of the lower tax effect. He accordingly submitted that judgment in the case of Ranbaxy Laboratories Ltd. v. CIT [20111 336 ITR 136 still holds good and applic…

Kilari Venkata Rosaiah, Guntur vs. Assistant Commissioner of Income Tax, Circle-1(1), Guntur

In the result, appeal of the assessee is allowed

ITA 608/VIZ/2018[2011-2012]Status: DisposedITAT Visakhapatnam03 Jun 2020AY 2011-2012

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.608/Viz/2018 (ननधधारण वर्ा/Assessment Year:2011-12) Kilari Venkata Rosaiah Vs Asst. Commissioner Of D.No.25-16-180 Income Tax G.T.Road, Amc Yard Circle-1(1) Guntur Guntur [Pan : Adspk7598L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से / Respondent By : Shri S.Ravi Shankar Narayan, Dr सुनवधई की तधरीख / Date Of Hearing : 16.03.2020 घोर्णध की तधरीख/Date Of Pronouncement : 05.06.2020

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri S.Ravi Shankar Narayan
Section 143(1)Section 143(2)Section 143(3)Section 148

…आयकरअपीलीयअधिकरण, धिशाखापटणमपीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री िी. दुगाा राि,न्याधयक सदस्य एिं श्री धड.एस. सुन्दर धसंह, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.608/Viz/2018 (ननधधारण वर्ा/Assessment Year:2011-12) Kilari Venkata Rosaiah Vs Asst. Commissioner of D.No.25-16-180 Income Tax G.T.Road, AMC Yard Circle-1(1) Guntur Guntur [PAN : ADSPK7598L] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant by : Shri G.V.N.Hari, AR प्रत्यधथी की ओर से / R…

Suresh Singh, Aligarh vs. ITO Ward-1(1), Aligarh

In the result, the appeal is allowed

ITA 110/AGR/2018[2009-10]Status: DisposedITAT Agra10 Jul 2019AY 2009-10

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2009-10

Section 147Section 148Section 50C

…In the Income-Tax Appellate Tribunal, Agra Bench, Agra Before : Shri Laliet Kumar, Judicial Member And Dr. Mitha Lal Meena, Accountant Member Assessment Year: 2009-10 Suresh Singh, 3/303, Miss Gill vs. Income-tax Officer, Compound, Marris Road, Aligarh. Ward 1(1), Aligarh. PAN : AEOPS7989G (Appellant) (Respondent) Appellant by Sh. Pankaj Gargh, Advocate Respondent by Sh. Waseem Arshad, Sr. DR Date of Hearing 01.07.2019 Date of Pronouncement 10.07.2019 ORDER Per Laliet Kumar, J.M.: This appeal was filed by the assessee, being aggrieved by the order passed by the CIT(A) on 30.10.2017 for the assessment year…

CIT v. Jakhotia Plastics P. Ltd. (94 Taxmann.com 89) — Cited in 9 Judgments | BharatTax