CIT v. Jawahar Bhattacharjee

341 ITR 434High Court2012#1144 most cited

What is CIT v. Jawahar Bhattacharjee authority for?

An assessment order is erroneous for the purpose of Section 263 if the Assessing Officer fails to apply mind to relevant material, proceeds on an incorrect assumption of facts, or makes an incorrect application of law.

99

judgments rely on this decision, according to BharatTax’s citation analysis of 366,369 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Jawahar Bhattacharjee · Section 263 · revision u/s 263 · erroneous and prejudicial · non-application of mind · incorrect assumption of facts · incorrect application of law · assessment order erroneous · lack of enquiry · Section 80IA deduction

Also reported as

209 Taxmann 17420 Taxmann.com 652249 CTR 529

Sections most often in play

Section 263 Section 143(3)Section 142(1)Section 144B Section 147 Section 143(1)Section 143(2)Section 148

Issues it is cited on

section 263(1)malabar industrial revision u/s 263 deduction under section 80ia lack of enquiry erroneous and prejudicial mere change of opinion non-application of mind section 80ia section 80i section 263 section 26

Judgments citing CIT v. Jawahar Bhattacharjee

Chandukaka Saraf and Sons Pvt.Ltd, Pune vs. Pr. Commissioner of Income-Tax, (Central), Pune

In the result, all the seven appeals of the assessee are partly allowed

ITA 688/PUN/2019[2013-14]Status: DisposedITAT Pune21 Nov 2019AY 2013-14

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 132Section 143(3)Section 153ASection 263

…Considering above, it is apparent that the A.O has failed to apply his mind to the case in all perspectives and the order passed by him was erroneous and in result prejudicial to the interest of the revenue. In the case of CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) it has been held that Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous . 13.6 It is now a settled law that an order passed by the A.O become erroneous and prejudice to the interest of Revenue as per the prov…

Chandukaka Saraf and Sons Pvt.Ltd, Pune vs. Pr. Commissioner of Income-Tax, (Central), Pune

In the result, all the seven appeals of the assessee are partly allowed

ITA 687/PUN/2019[2012-13]Status: DisposedITAT Pune21 Nov 2019AY 2012-13

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 132Section 143(3)Section 153ASection 263

…Considering above, it is apparent that the A.O has failed to apply his mind to the case in all perspectives and the order passed by him was erroneous and in result prejudicial to the interest of the revenue. In the case of CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) it has been held that Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous . 13.6 It is now a settled law that an order passed by the A.O become erroneous and prejudice to the interest of Revenue as per the prov…

Chandukaka Saraf and Sons Pvt.Ltd, Pune vs. Pr. Commissioner of Income-Tax, (Central), Pune

In the result, all the seven appeals of the assessee are partly allowed

ITA 686/PUN/2019[2011-12]Status: DisposedITAT Pune21 Nov 2019AY 2011-12

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 132Section 143(3)Section 153ASection 263

…Considering above, it is apparent that the A.O has failed to apply his mind to the case in all perspectives and the order passed by him was erroneous and in result prejudicial to the interest of the revenue. In the case of CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) it has been held that Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous . 13.6 It is now a settled law that an order passed by the A.O become erroneous and prejudice to the interest of Revenue as per the prov…

Chandukaka Saraf and Sons Pvt.Ltd, Pune vs. Pr. Commissioner of Income-Tax, (Central), Pune

In the result, all the seven appeals of the assessee are partly allowed

ITA 685/PUN/2019[2010-11]Status: DisposedITAT Pune21 Nov 2019AY 2010-11

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 132Section 143(3)Section 153ASection 263

…Considering above, it is apparent that the A.O has failed to apply his mind to the case in all perspectives and the order passed by him was erroneous and in result prejudicial to the interest of the revenue. In the case of CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) it has been held that Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous . 13.6 It is now a settled law that an order passed by the A.O become erroneous and prejudice to the interest of Revenue as per the prov…

Chandukaka Saraf and Sons Pvt.Ltd, Pune vs. Pr. Commissioner of Income-Tax, (Central), Pune

In the result, all the seven appeals of the assessee are partly allowed

ITA 684/PUN/2019[2009-10]Status: DisposedITAT Pune21 Nov 2019AY 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 132Section 143(3)Section 153ASection 263

…Considering above, it is apparent that the A.O has failed to apply his mind to the case in all perspectives and the order passed by him was erroneous and in result prejudicial to the interest of the revenue. In the case of CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) it has been held that Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous . 13.6 It is now a settled law that an order passed by the A.O become erroneous and prejudice to the interest of Revenue as per the prov…

M/S.Kollam Royal Park Hotel & Resorts P> Ltd, Kollam vs. The ACIT, Circle-1, Kollam

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

ITA 268/COCH/2019[2014-15]Status: DisposedITAT Cochin13 Nov 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 14ASection 263

…this context.- I. Assessment mad eon A. wrong assumption of facts or B. on incorrect application of law or C. without due application of mind or D. without following the principles of natural justice would be 'erroneous' [CIT Vs. Jawahar Bhatacharjee (2012) 341 ITR 434 (Gau.)(FB)] II. The Honorable High Court of Delhi in Toyoto Motor Corporation 306 ITR 49 had given a finding that "The order passed by the Assessing Officer should be a self-contained order giving the relevant facts and reasons for coming to the conclusion based on those facts and law." Absence of examination of records by the Assessing Office…

Dr.Balachandran Nair M, Trivandrum vs. The ACIT, Circle-1(1), Trivandrum

In the result, the appeals of the assessee are dismissed

ITA 147/COCH/2019[2006-07]Status: DisposedITAT Cochin27 Sept 2019AY 2006-07

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. Nos.147-150/Coch/2019 Assessment Years : 2006-07-2010-11 Dr. Balachandran Nair, Vs. The Assistant Commissioner of M-88, Asha Deepam, Income-tax, Circle-1(1), PTP Nagar, Trivandrum. Trivandrum [PAN:ABUPN 9358F] (Revenue-Appellant) (Assessee-Respondent) Assessee by Shri G. Surendranath Rao,CA Revenue by Smt. A.S. Bindhu, Sr. DR Date of hearing 25/09/2019 Date of pronouncement 27/09/2019 O R D E R Per CHANDRA POOJARI, AM: These appeals by the assessee are directed against the…

Dipal Piyush Palkiwala, Ahmedabad vs. The ITO, Ward-2(1)(4), Ahmedabad

In the result, appeals filed by the assessee i

ITA 3462/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad18 Sept 2019AY 2010-11

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.839/Ahd/2015 & आयकर अपील सं./ Ita No.3462/Ahd/2016 { "नधा"रण वष"/Assessment Year: 2010-11 Dipal Piyush Palkhiwala, Ito Ward-4(4) 27, Rivera Greens, 1St Floor, Vs Gokuldham Navjeevan Trust Building Sarkhej-Sanand Road, Sanathal, Ahmedabad-380014 Ahmedabad-382210 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri Aseem Thakkar, Ar Revenue By : Smt. Rita Dokania, Cit- Dr

For Appellant: Shri Aseem Thakkar, ARFor Respondent: Smt. Rita Dokania, CIT- DR

Section 143(3)Section 263

…r cannot be remitted for a fresh decision to the Assessing Officer to conduct further enquiries without such a finding. 17. Full Bench of Gauhati High Court in case of Commissioner of Income Tax vs. Jawahar Bhattacharjee C/TAXAP/1376/2007 JUDGMENT reported in 341 ITR 434 held that not holding such inquiry as is normal and not applying mind to relevant material in making assessment by the Assessing Officer would be an erroneous assessment warranting exercise of revisional jurisdiction. It was held as under: "23. Accordingly, we hold that Daga Entrade P. Ltd [2010] 327 ITR 467 (Gauhati) lays down correct law and th…

Dipal Piyush Palkiwala, Ahmedabad vs. ITO, Ward-4(4), Ahmedabad

In the result, appeals filed by the assessee i

ITA 839/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad18 Sept 2019AY 2010-11

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.839/Ahd/2015 & आयकर अपील सं./ Ita No.3462/Ahd/2016 { "नधा"रण वष"/Assessment Year: 2010-11 Dipal Piyush Palkhiwala, Ito Ward-4(4) 27, Rivera Greens, 1St Floor, Vs Gokuldham Navjeevan Trust Building Sarkhej-Sanand Road, Sanathal, Ahmedabad-380014 Ahmedabad-382210 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri Aseem Thakkar, Ar Revenue By : Smt. Rita Dokania, Cit- Dr

For Appellant: Shri Aseem Thakkar, ARFor Respondent: Smt. Rita Dokania, CIT- DR

Section 143(3)Section 263

…r cannot be remitted for a fresh decision to the Assessing Officer to conduct further enquiries without such a finding. 17. Full Bench of Gauhati High Court in case of Commissioner of Income Tax vs. Jawahar Bhattacharjee C/TAXAP/1376/2007 JUDGMENT reported in 341 ITR 434 held that not holding such inquiry as is normal and not applying mind to relevant material in making assessment by the Assessing Officer would be an erroneous assessment warranting exercise of revisional jurisdiction. It was held as under: "23. Accordingly, we hold that Daga Entrade P. Ltd [2010] 327 ITR 467 (Gauhati) lays down correct law and th…

Ankush Garg, Rohtak vs. CIT, Rohtak

In the result, both the appeals of the assessee are dismissed

ITA 2287/DEL/2015[2010-11]Status: DisposedITAT Delhi21 May 2019AY 2010-11

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

Section 143(3)Section 263

…been imposed as held in Gabriel India Ltd. (supra). Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement of order being erroneous. CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434 (Gauhati) (HC) (FB) The expression "prejudicial to the interest of the revenue", as held by the Hon'ble Supreme Court in the Malabar Industrial Co. Ltd.,243 ITR 83(SC), is not an expression of art and is not defined in the Act and, therefore, must be understood in its ordinary meaning. It is of wide import and is not confined to only the loss of…

Kerala State Beverages M&M) Corpn Ltd, Trivandrum vs. The ACIT, Cir-1(1), Trivandrum

In the result, both the appeals filed by the assesse as well as the Stay Petition

ITA 537/COCH/2018[2015-16]Status: DisposedITAT Cochin12 Mar 2019AY 2015-16

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 263Section 3(1)Section 40

…ore, the CIT held that surcharge on sales tax should have been disallowed u/s 40(a)(iib) of the Act. 2.5 The CIT relied on the following judicial decisions: 4 I.T.A. Nos.536 & 537/Coch/2018 & S.P. Nos. 41&40/Coch/2018 1. CIT vs. Jawahar Bhattacharjee (2012) 341 ITR 434 (Gau.) (FB) wherein it was stated the assessment made on A. wrong assumption of facts or B. on incorrect application of law or C. without due application of mind or D. without following the principles of natural justice would be 'erroneous' 2. CIT Vs. Emery Stone Manufacturing Co.(1995) 213 ITR 843 (Raj) wherein it was stated that failure to app…

M/S.Kerala State Beverages(M&M) Corporation Ltd, Trivandrum vs. The ACIT, Trivandrum

In the result, both the appeals filed by the assesse as well as the Stay Petition

ITA 536/COCH/2018[2014-15]Status: DisposedITAT Cochin12 Mar 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 263Section 3(1)Section 40

…ore, the CIT held that surcharge on sales tax should have been disallowed u/s 40(a)(iib) of the Act. 2.5 The CIT relied on the following judicial decisions: 4 I.T.A. Nos.536 & 537/Coch/2018 & S.P. Nos. 41&40/Coch/2018 1. CIT vs. Jawahar Bhattacharjee (2012) 341 ITR 434 (Gau.) (FB) wherein it was stated the assessment made on A. wrong assumption of facts or B. on incorrect application of law or C. without due application of mind or D. without following the principles of natural justice would be 'erroneous' 2. CIT Vs. Emery Stone Manufacturing Co.(1995) 213 ITR 843 (Raj) wherein it was stated that failure to app…

M/S.Kerala State Industrial Dev Corpn Ltd, Trivandrum vs. The ACIT, Trivandrum

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

ITA 142/COCH/2017[2012-13]Status: DisposedITAT Cochin07 Feb 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 135Section 263Section 37Section 37(1)

…of Assessing Officer was erroneous and prejudicial to interests of revenue and directed the Assessing Officer to disallow the CSR expenses claimed. The CIT relied on the judgment of the Gauhati High Court in the case of CIT Vs. Jawahar Bhattacharjee (2012) (341 ITR 434)(FB). He also relied on the judgment of the Rajasthan High Court in the case of CIT Vs. Emery Stone Manufacturing Co.(1995) (213 ITR 843) wherein it was held that failure to apply the correct provision of law as may be applicable in given facts of the case will be resulting in an erroneous order. Further, the CIT relied on the judgment of the…

Indian International Centre, New Delhi vs. CIT(E), New Delhi

In the result, assessee’s appeal is allowed

ITA 3110/DEL/2015[2010-11]Status: DisposedITAT Delhi14 Jan 2019AY 2010-11

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2010-11 India International Centre, Vs. Cit (E), 40, Max Muller Marg, Room No.2620, Lodhi Estate, Civic Centre, New Delhi. Jl Nehru Marg, New Delhi. Pan: Aaati0660C

For Appellant: Shri Angadh, AdvocateFor Respondent: Shri Sandeep Kumar, CIT, DR

Section 10Section 143(3)Section 2Section 2(15)Section 263

…o plug leakages to the revenue by erroneous orders passed by the lower authorities, whether by mistake or in ignorance or even by design' The decision of the Hon'ble Full Bench of the Hon'ble Gauhati High Court in the case of Jawahar Bhattacharjee reported in 341 ITR 434 (Gauhati) (F B), also supports the stand of revenue. The Hon'ble’High Court observed that ‘Not holding such inquiry as is normal and not applying the mind to relevant material in making, an assessment would be erroneous assessment warranting exercise of revisional jurisdiction.’ It has been further held as under:- The object of the provision is…

Mr. Pranjal Patel, Ahmedabad vs. The Pr. CIT-2, Ahmedabad

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

ITA 1357/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad07 Dec 2018AY 2012-13

For Appellant: Shri S.H. Talati, A.RFor Respondent: Shri Krishna Murari, CIT-D.R

Section 143(2)Section 143(3)Section 263

…1975] 99 ITR 375 (Delhi). (vii) Not holding an enquiry as is normal and not applying mind to the relevant material would certainly be 'erroneous' assessment warranting exercise of revisional jurisdiction. CIT v. Jawahar Bhattacharjee (2012) 20 taxmann.com 652/342 ITR 74/249 CTR 529 (Gau.) (viii) Even where prejudice to revenue may not be inferable, non-enquiry is certainly erroneous, so as to require interference on the part of the Commissioner. Revisional order in such circumstances is valid for lack of enquiry, where enquiry is warranted. Renu Gupta Vs CIT (2008) 301 ITR 45 (Raj.). (ix) Where the Assessing Offi…

Celebi Delhi Cargo Management India Pvt. Ltd., New Delhi vs. Pr. CIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 3182/DEL/2016[2011-12]Status: DisposedITAT Delhi23 Oct 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] M/S Celebi Delhi Cargo Management Vs. The Pr.C.I.T India Pvt. Ltd New Delhi R. No. 23, Import Building - 3 International Cargo Terminal Igi Airport, New Delhi Pan : Aadcc 6885 B [Appellant] [Respondent]

For Appellant: Shri Ronak Doshi, CAFor Respondent: Ms. Rachna Singh, CIT- DR

Section 142(1)Section 143(3)Section 263Section 801ASection 80I

…question of law has arisen for our consideration. Resultantly, the appeal is dismissed. No order as to cost.” 24. In her written submission, the ld. DR drew our attention to the decision of the Hon'ble Gauhati High Court in the case of Jawahar Bhattacharjee 341 ITR 434 wherein the Hon'ble High Court has held as under: “Non application of mind to relevant material or an incorrect assumption of facts or an incorrect application of law will satisfy the requirement order being erroneous.” 25. In our considered view, this judgment is misplaced, in as much as, facts on record as mentioned elsewhere, clearly show th…

Gumpro Drilling Fluids Private Limited, Mumbai vs. Principal Commissioner of Income Tax - 15, Mumbai

The appeal of the assessee is dismissed

ITA 2868/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Oct 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2013-14 Gumpro Drilling Fluids Vs Pr. Cit-15, Private Limited, Room No.517, 5Th Floor, Opp. Karma Stambha, Aayakar Bhavan, Hazarat Compound, Lbs M. K. Road, Marg, Vikhroli (West), Mumbai-400020 Mumbai-400083 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aadcg2319N "नधा"रती क" ओर से / Assessee By Shri Ashok J. Patil राज"व क" ओर से / Revenue By Shri L.K.S. Dahiya Cit-Dr

Section 120Section 144ASection 263Section 35

…Delhi) (para 20), xxxviii. CIT v. N.R. Portfolio (P.) Ltd. [2013] 214 Taxman 408/29 taxmann.com 291 (Delhi) (para 20), 19 xxxix. CIT v. Active Traders (P.) Ltd. [1995] 214 ITR 583/[1993] 69 Taxman 281 (Cal.) (para 20), xl. CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434/209 Taxman 174/24 taxmann.com 215 (Gau.) (FB) (para 20) and xli. Smt. Tara Devi Aggarwal v. CIT [1973] 88 ITR 323 (SC) (para 27). 2.15. In CIT vs Fine Jewellery (India) Ltd. and CIT vs Nirav Modi ((supra)), no doubt these cases throw light on the issue but were decided by Hon'ble jurisdictional High Court to the peculiar facts of the case and…

Durgesh Autofin P.Ltd, Bijnor vs. Prcit, Muzaffarnagar

In the result, the appeal of the assessee is allowed

ITA 2539/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Oct 2018AY 2013-14

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2539/Del/2018 : Asstt. Year : 2013-14 Durgesh Autofin P. Ltd., Vs Pr. Commissioner Of Income Tax, C/O Sh. Pankaj Kumar, Director, Muzaffarnagar-251002 S/O Late Sh. Tejpal Singh, Mandi Kotla, Near Nehru Murti, Chandpur, Bijnot, Bijnor, Uttar Pradesh (Appellant) (Respondent) Pan No. Aaccd0768P Assessee By : Sh. Vivek Bansal, Adv. Revenue By : Ms. Rachna Singh, Cit Dr Date Of Hearing : 29.08.2018 Date Of Pronouncement : 09.10.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 13.03.2018 Of Ld. Pr. Cit, Muzaffarnagar U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Sh. Vivek Bansal, AdvFor Respondent: Ms. Rachna Singh, CIT DR

Section 143(3)Section 263Section 269SSection 271DSection 41(1)Section 68

…. (2012) 343 ITR 329 (Del.) " CIT Vs Shree Manjunathesware Packing & Products Camphor Works (1998) 231 ITR 53 (SC) " DIT Vs Jyoti Foundation (2013) 357 ITR 388 (Del.) " CIT Vs Kamal Galani (2018) 95 Taxmann.com 261 (Guj.) " CIT Vs Jawahar Bhattacharjee (2012) 341 ITR 434 (Gauhati) 24 Durgesh Autofin P. Ltd. " CIT Vs Arvind Jewellers (2003) 259 ITR 502 (Guj.) " Malabar Industrial Co. Ltd. Vs CIT (2000) 243 ITR 83 (SC) " CIT Vs Max India Ltd. (2007) 295 ITR 282 (SC) 19. It was contended that detailed enquiries were conducted by the AO on both the issues and the ld. Pr. CIT had exercised her revisionary power only…

Lhotse Developerrs & Traders P. Ltd, Mumbai vs. Pr CIT 12, Mumbai

In the result the grounds of appeals raised by the assessee are allowed

ITA 2811/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jul 2018AY 2012-13

Bench: Shri G.S. Pannu & Shri Pawan Singhm/S Lhotse Developers & Traders Dcit, Ward 12(3)(2) Pvt. Ltd., Raheja Chambers, Room No. 363, Aayakar Linking Road, Santaxruz (West), Vs. Bhavan, M.K. Road, Mumbai-400054. Mumbai-20. Pan: Aabcl0079N Apellant Respondent Appellant By : Shri Nishit Gandhi (Ar) Respondent By : Shri R.P. Meena (Cit-Dr) Date Of Hearing : 02.05.2018 Date Of Pronouncement : 31.07.2018 Order Per Pawan Singh;

For Appellant: Shri Nishit Gandhi (AR)For Respondent: Shri R.P. Meena (CIT-DR)

Section 143(3)Section 253Section 263Section 36(1)(iii)Section 57

…IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M/s Lhotse Developers & Traders DCIT, Ward 12(3)(2) Pvt. Ltd., Raheja Chambers, Room No. 363, Aayakar Linking Road, Santaxruz (West), Vs. Bhavan, M.K. Road, Mumbai-400054. Mumbai-20. PAN: AABCL0079N Apellant Respondent Appellant by : Shri Nishit Gandhi (AR) Respondent by : Shri R.P. Meena (CIT-DR) Date of Hearing : 02.05.2018 Date of Pronouncement : 31.07.2018 ORDER PER PAWAN SINGH, JUDICIAL MEMBER; 1. The instant appeal by assessee under section 253 of the Income-tax Act…

Manoir Petro India Ltd, Mumbai vs. Pr CIT 1, Mumbai

ITA 2626/MUM/2015[2010-11]Status: DisposedITAT Mumbai12 Jul 2018AY 2010-11

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2010-11 Manoir Petro India Limited, Pr. Cit-1 602, B-Wing, Universal Room No.387, बनाम/ Business Park, Chandivali 3Rd Floor, Vs. Farm Road, Off Saki Vihar Aayakar Bhavan, Road, Andheri (East), M. K. Road, Mumbai-400072 Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aafcm5210J

…Taxman 408/29 taxmann.com 291 (Delhi) (para 20), xxxix. CIT v. Active Traders (P.) Ltd. [1995] 214 ITR 583/[1993] 69 Taxman 281 (Cal.) (para 20), 21 Manoir Petro India Limited ITA No.2626/Mum/2015 & C.O. No.95/Mum/2015 xl. CIT v. Jawahar Bhattacharjee [2012] 341 ITR 434/209 Taxman 174/24 taxmann.com 215 (Gau.) (FB) (para 20) and xli. Smt. Tara Devi Aggarwal v. CIT [1973] 88 ITR 323 (SC) (para 27). 2.16. So far as, the cases relied upon by the assessee like CIT vs Fine Jewellery (India) Ltd. and CIT vs Nirav Modi ((supra)) are concerned, no doubt these cases throw light on the issue but were decided by Hon'ble…