CIT v. Kelvinator of India Ltd.

320 ITR 561Supreme Court of India2010#18 most cited

What is CIT v. Kelvinator of India Ltd. authority for?

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

1,673

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2010 to 2026.

Also referred to as

CIT v. Kelvinator of India Ltd. · Kelvinator of India · Section 147 · Section 148 · reassessment proceedings · mere change of opinion · fresh tangible material · escapement of income · reason to believe · validity of reassessment

Also reported as

187 Taxmann 3122 SCC 723187 Taxmann.com 312

Sections most often in play

Section 147Section 143(3)Section 148Section 142(1)Section 151Section 143(2)Section 68Section 139
Read the full judgment

Issues it is cited on

kelvinatorfresh tangible materialmere change of opinionfirst proviso to section 147material facts necessary for assessmentfull and true disclosurechange of opinionbeyond four yearslive linktangible materialescapement of incomereason to believe

Judgments citing CIT v. Kelvinator of India Ltd.

M/S Berhampur Development Authority vs. ITO, Berhampur

In the result, appeal of the assessee is allowed

ITA 128/CTK/2014[2005-06]Status: DisposedITAT Cuttack29 Nov 2019AY 2005-06

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

For Appellant: Shri D.K.Sheth, ARFor Respondent: Shri Subhendu Dutta, DR
Section 11Section 12ASection 143(2)Section 143(3)Section 144

…as full disclosure of material facts by the assessee and on the basis of those facts, assessment was completed u/s 143(3) of the Act. For this proposition, he relied on the decision of Hon’ble Supreme Court in the case of CIT Vs. Kelvinator India Ltd. (2010) 310 ITR 561 (SC) and also the decision of Hon’ble Delhi High Court in the case of CIT vs Usha International Ltd. (2012) 348 ITR 485 (Delhi) 23. Replying to above, ld D.R. supported the orders of lower authorities. 24. We have heard the rival submissions, perused the orders of lower authorities and materials available on record. We find that the assessmen…

Standard Chartered Investments & Loans (India) Ltd, Mumbai vs. DCIT 1(3), Mumbai

ITA 7068/MUM/2016[2005-06]Status: DisposedITAT Mumbai29 Nov 2019AY 2005-06

Bench: Shri S. Rifaur Rahman, Am & Shri Ravish Sood, Jm आयकरअपीलसं./ I.T.A. No. 7068/Mum/2016 (निर्धारणवर्ा / Assessment Year: 2005-06)

For Appellant: Shri Dhanesh Bafna & MsFor Respondent: Mrs. Snita Billa, DR
Section 143(2)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, AM & SHRI RAVISH SOOD, JM आयकरअपीलसं./ I.T.A. No. 7068/Mum/2016 (निर्धारणवर्ा / Assessment Year: 2005-06) DCIT -1(1)(1), M/s Standard Chartered Room No. 533, Investments and Loans Aayakar Bhavan, M.K. (India) Ltd. बिधम/ Road, Mumbai-400 020 Corporate office – 7th floor, Vs. C-38/39, G-Block, Bandra Kurla Complex, Bandra (east), Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./PAN No. AAHCS6432N (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant : Shri Dhanesh Bafna & Ms. Chandani Shah, ARs by प्रत्यथीकीओरसे/Respondentb…

The Shipping Corporation of India Ltd., Mumbai vs. Addl.C.I.T. Ltu, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2551/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

For Respondent: Shri R. Manjunatha Swamy
Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

…ased on the same set of documents examined during the original proceedings is not sustainable. In this connection we find support and guidance from the judgment as discussed below: Hon’ble Apex Court in the case of CIT versus Kelvinator India Ltd reported in 320 ITR 561 wherein it was held as under: “the Assessing Officer has power to reopen, provided there is 'tangible material' to come to conclusion that there is escapement of income from assessment. Under the Direct Tax Laws (Amendment) Act, 1987, the Parliament not only deleted the words 'reason to believe' but also inserted the word 'opinion' in section 147…

Addl CIT Ltu, Mumbai vs. The Shipping Corporation of India Ltd, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2129/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

For Respondent: Shri R. Manjunatha Swamy
Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

…ased on the same set of documents examined during the original proceedings is not sustainable. In this connection we find support and guidance from the judgment as discussed below: Hon’ble Apex Court in the case of CIT versus Kelvinator India Ltd reported in 320 ITR 561 wherein it was held as under: “the Assessing Officer has power to reopen, provided there is 'tangible material' to come to conclusion that there is escapement of income from assessment. Under the Direct Tax Laws (Amendment) Act, 1987, the Parliament not only deleted the words 'reason to believe' but also inserted the word 'opinion' in section 147…

Sanatan Dharam Shiksha Samittee, Haryana vs. ITO (Exemptions), Rohtak

In the result, appeal of the assessee is allowed

ITA 871/DEL/2017[2010-11]Status: DisposedITAT Delhi18 Nov 2019AY 2010-11

Bench: Shri Amit Shukla & Shri O.P.Meenaआ.अ.सं././././I.T.A No.871/Del/2017 "नधा"रण वष"/Assessment Year: 2010-11 Sanatan Dharam Shiksha Vs. Income Tax Officer Samittee, (Exemption), Rohtak. C/S. S. D. Public School, Narwana, Distt. Jind, Haryana- 126116. [Pan: Aaets 6172 P] अपीलाथ" / Appellant ""यथ"/Respondent

Section 143(3)Section 147Section 148

…2015] wherein placing reliance on the decision of Hon’ble Delhi High Court in the case of CIT Vs. Simbhaoli Sugar Mills Ltd., (supra) and after applying the ratio of judgement of Hon`ble Supreme Court in the case of CIT vs. Kelvinator of India Ltd. [2010] 320 ITR 561/187 Taxman 312 (SC) held that initiation of reassessment proceedings on the basis of audit report objection is impermissible. The ld.Counsel also supported his view by placing reliance in the case of Income Tax Officer Vs. Shri Satya Prakash Agarwal and Sons [ITA No.3792/Del/2011 dated 15.12.2013 of ITAT Delhi]. The ld. Counsel further refer…

Empee Holdings Ltd., Chennai vs. DCIT, Chennai

ITA 1503/CHNY/2014[2005-06]Status: DisposedITAT Chennai07 Nov 2019AY 2005-06

Bench: Shri George Mathan & Shri Ramit Kochar

Section 143(3)Section 147Section 148Section 2(22)(e)

…he present case the reopening is within a period of four years. Where a reopening of an assessment under Section 148 takes place within a period of four years, the test that has been laid down by the Supreme Court in the CIT v. Kelvinator of India Ltd. [2010] 320 ITR 561/187 Taxman 312 is whether the Assessing Officer had tangible material to come to the conclusion that there is an escapement of income from assessment. The Supreme Court has held that the "reason to believe" that any income chargeable to tax has escaped assessment cannot be founded on a mere change of opinion. The power to reassess is not in the n…

P Arvind Maiya vs. The Assistant Commissioner of Income Tax

Accordingly, writ petition is allowed

WP/12118/2016HC Karnataka05 Nov 2019

Bench: S.SUJATHA

Section 143Section 148Section 28

…ing Officer would not have gone into the said question or applied his mind. However, this would depend upon the facts and circumstances of each case.” 18. It would be apt to refer Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd. (2010) 320 ITR 561(SC) wherein the Hon’ble Apex Court has held as under:- “5….where the Assessing Officer has reason to believe that income has escaped assessment, confers jurisdiction to re- open the assessment. Therefore, post-1st April, 1989, power to re-open is much wider. However, one needs to give a schematic interpretation to the words "reason…

P Vikram Maiya vs. The Assistant Commissioner of Income Tax

Accordingly, writ petition is allowed

WP/11385/2016HC Karnataka05 Nov 2019

Bench: S.SUJATHA

Section 143Section 148Section 28

…ing Officer would not have gone into the said question or applied his mind. However, this would depend upon the facts and circumstances of each case.” 18. It would be apt to refer Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd. (2010) 320 ITR 561(SC) wherein the Hon’ble Apex Court has held as under:- “5….where the Assessing Officer has reason to believe that income has escaped assessment, confers jurisdiction to re- open the assessment. Therefore, post-1st April, 1989, power to re-open is much wider. However, one needs to give a schematic interpretation to the words "reason…

Shree Shankar Sarees, Mumbai vs. ITO 18 (3)(3), Mumbai

In the result, the appeals are partly allowed

ITA 2751/MUM/2019[2010-11]Status: DisposedITAT Mumbai31 Oct 2019AY 2010-11

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2010-11

For Appellant: Mr. Bhupendra Shah, ARFor Respondent: Ms. Vidisha Kalra, DR
Section 132Section 143Section 143(1)Section 143(3)Section 147Section 148

…2. The 1st ground of appeal: In the facts and the circumstances of the case and in law, the AO erred in passing the order u/s 143(3) r.w.s. 147 by mere change of opinion which is bad in law as per the judgement of SC in the case of Kelvinator of India Ltd (320 ITR 561 SC), that too after four years and therefore rendering the whole re-assessment bad in law, also on the basis of borrowed satisfaction, presumption and surmises. 3. Briefly stated the facts are that the assessee filed its return of income for the A.Y. 2008-09 on 27.09.2008 declaring total income of Rs.10,15,730/. The assessee trades in sarees and…

Shree Shankar Sarees, Mumbai vs. ITO 18 (3)(3), Mumbai

In the result, the appeals are partly allowed

ITA 2750/MUM/2019[2008-09]Status: DisposedITAT Mumbai31 Oct 2019AY 2008-09

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2010-11

For Appellant: Mr. Bhupendra Shah, ARFor Respondent: Ms. Vidisha Kalra, DR
Section 132Section 143Section 143(1)Section 143(3)Section 147Section 148

…2. The 1st ground of appeal: In the facts and the circumstances of the case and in law, the AO erred in passing the order u/s 143(3) r.w.s. 147 by mere change of opinion which is bad in law as per the judgement of SC in the case of Kelvinator of India Ltd (320 ITR 561 SC), that too after four years and therefore rendering the whole re-assessment bad in law, also on the basis of borrowed satisfaction, presumption and surmises. 3. Briefly stated the facts are that the assessee filed its return of income for the A.Y. 2008-09 on 27.09.2008 declaring total income of Rs.10,15,730/. The assessee trades in sarees and…

ACIT, New Delhi vs. Sh. Ravi Sharma, New Delhi

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

ITA 4930/DEL/2016[2007-08]Status: DisposedITAT Delhi31 Oct 2019AY 2007-08

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2007-08]

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri Surendra Pal, Sr. DR
Section 143(3)Section 147Section 148Section 2(22)(e)

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘F’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER [A.Y 2007-08] The A.C.I.T Vs. Shri Ravi Sharma Circle – 50(1) 13/30, Infotech House New Delhi G.L. Sikka Marg, East Patel Nagar New Delhi PAN: ABKPS 7088 K (Applicant) (Respondent) Assessee By : Shri Kapil Goel, Adv Department By : Shri Surendra Pal, Sr. DR Date of Hearing : 30.10.2019 Date of Pronouncement : 31.10.2019 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the Revenue is preferred against the order of the Commissioner of Incom…

M/S Tenughat Emta Coal Mines Ltd., Ranchi vs. ITO, Ward-3(2), Ranchi

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

ITA 56/RAN/2015[07-08]Status: DisposedITAT Ranchi30 Oct 2019

Bench: S/Shri Chandra Mohan Garg & Laxmi Prasad Sahu

For Appellant: Shri Manish Mallick Adv & L.N.Mallick, CAFor Respondent: Shri P.K.Mondal, Addl. CIT(DR)
Section 147Section 148

…income has escaped assessment as there is no reason or description or basis on which the AO formed an opinion to believe that income has escaped assessment in the assessment year 2007-08. Placing reliance on the decision of CIT v. Kelvinator of India Ltd.: 320 ITR 561(SC), ld A.R. contended that as there was no tangible materials in the hands of the AO for reopening the assessment, the impugned assessment as well as the first appellate order deserves to be quashed. 6. Replying to above, ld Sr. DR strongly opposed to the legal ground of the assessee and submitted that the assessee earned interest income fr…

DCIT-4(2)(2), Mumbai vs. M/S.Jhawar Trade and Investment Private Limited, Mumbai

In the result, appeal of the revenue is dismissed and cross objection of the assessee is allowed

ITA 6684/MUM/2017[2010-11]Status: DisposedITAT Mumbai23 Oct 2019AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am The Dcit-4(2)(2), Vs. M/S. Jhawar Trade & Room No.640, 6Th Floor Investment Pvt. Ltd., Aayakar Bhavan 285, Princess Street, C.J.House, 2Nd Floor M.K.Road, Mumbai – 400 020 Mumbai – 400 002 Pan/Gir No. Aaacj8175E (Appellant) .. (Respondent) Co No.161/Mum/2019 (Arising Out Of Ita No.6684/Mum/2017) (Assessment Year :2010-11) M/S. Jhawar Trade & Vs. The Dcit-4(2)(2), Room No.640, 6Th Floor Investment Pvt. Ltd., 285, Princess Street, Aayakar Bhavan C.J.House, 2Nd Floor M.K.Road, Mumbai – 400 002 Mumbai – 400 020 Pan/Gir No. Aaacj8175E (Appellant) .. (Respondent) Revenue By Shri Akhtar Ansari Assessee By Shri Vimal Punmiya Date Of Hearing 18/10/2019 Date Of Pronouncement 25/10/2019

Section 143(1)Section 143(3)Section 147Section 148

…Act that income of the assessee had escaped assessment which is supported by the tangible material available with the ld. AO. This understanding of law has been approved by the Hon’ble Supreme Court in the case of CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC). 2.7. It is already very well settled that in determining whether commencement of assessment proceedings was valid or not, it has to be seen whether there was primafacie some material on the basis of which the department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at that stage. This…

The ITO, Ward-1 (1) (3), Rajkot-Gujarat vs. M/S Swapnalok Developers, Rajkot-Gujarat

In the result, the appeal of the Revenue is dismissed

ITA 438/RJT/2015[2007-08]Status: DisposedITAT Rajkot22 Oct 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Ranjit Singh, CIR-DRFor Respondent: Shri D.M. Rindani, AR
Section 143(3)Section 147Section 153ASection 40Section 80I

…8 147 of the Act based on the same set of documents examined during the original proceedings is not sustainable. In this connection we find support and guidance from the judgment of Hon’ble Apex Court in the case of CIT versus Kelvinator India Ltd reported in 320 ITR 561 wherein it was held as under: “the Assessing Officer has power to reopen, provided there is 'tangible material' to come to conclusion that there is escapement of income from assessment. Under the Direct Tax Laws (Amendment) Act, 1987, the Parliament not only deleted the words 'reason to believe' but also inserted the word 'opinion' in section 147…

Herve Pomerleau International Cccl Joint Venture, Chennai vs. ACIT, Non Corp Cir-1, Chennai

In the result, the ITA No

ITA 19/CHNY/2019[2013-14]Status: DisposedITAT Chennai21 Oct 2019AY 2013-14

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Sridhar, Advocate and Shri. K. Venkatraman, C.A
Section 143(3)Section 147Section 148Section 167BSection 2

…icer during the original assessment proceedings and therefore reassessment are promoted by mere change of opinion. In support of this, he placed reliance on the following decisions. ITA Nos.1008/17, 17 to 19/2019 :- 6 -: 01 CIT vs. Kelvinator of India Ltd, 320 ITR 561 (SC) 02 Tanmac India vs. DCIT, 78 Taxmann.com 155 (Madras HC) 03 CIT vs. Orient Craft Ltd, 354 ITR 536, (Del HC) 04 Shivsu Canadian Clear Waters Ltd vs. DCIT, 90 Taxmann. com 352, (Chennai ITAT) 05 Sun Pharmaceutical Industries Ltd vs. DICT, 381 ITR 387, (DEL HC) 06 PCIT vs. Shodiman Investments P. Ltd 93 Taxmann.com 153 (Bom HC) On the meri…

Herve Pomerleau International Cccl Joint Venture, Chennai vs. ACIT, Non Corp Cir-1, Chennai

In the result, the ITA No

ITA 18/CHNY/2019[2012-13]Status: DisposedITAT Chennai21 Oct 2019AY 2012-13

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Sridhar, Advocate and Shri. K. Venkatraman, C.A
Section 143(3)Section 147Section 148Section 167BSection 2

…icer during the original assessment proceedings and therefore reassessment are promoted by mere change of opinion. In support of this, he placed reliance on the following decisions. ITA Nos.1008/17, 17 to 19/2019 :- 6 -: 01 CIT vs. Kelvinator of India Ltd, 320 ITR 561 (SC) 02 Tanmac India vs. DCIT, 78 Taxmann.com 155 (Madras HC) 03 CIT vs. Orient Craft Ltd, 354 ITR 536, (Del HC) 04 Shivsu Canadian Clear Waters Ltd vs. DCIT, 90 Taxmann. com 352, (Chennai ITAT) 05 Sun Pharmaceutical Industries Ltd vs. DICT, 381 ITR 387, (DEL HC) 06 PCIT vs. Shodiman Investments P. Ltd 93 Taxmann.com 153 (Bom HC) On the meri…

Herve Pomerleau International Cccl Joint Venture, Chennai vs. ACIT, Non Corp Cir-1, Chennai

In the result, the ITA No

ITA 17/CHNY/2019[2011-12]Status: DisposedITAT Chennai21 Oct 2019AY 2011-12

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Sridhar, Advocate and Shri. K. Venkatraman, C.A
Section 143(3)Section 147Section 148Section 167BSection 2

…icer during the original assessment proceedings and therefore reassessment are promoted by mere change of opinion. In support of this, he placed reliance on the following decisions. ITA Nos.1008/17, 17 to 19/2019 :- 6 -: 01 CIT vs. Kelvinator of India Ltd, 320 ITR 561 (SC) 02 Tanmac India vs. DCIT, 78 Taxmann.com 155 (Madras HC) 03 CIT vs. Orient Craft Ltd, 354 ITR 536, (Del HC) 04 Shivsu Canadian Clear Waters Ltd vs. DCIT, 90 Taxmann. com 352, (Chennai ITAT) 05 Sun Pharmaceutical Industries Ltd vs. DICT, 381 ITR 387, (DEL HC) 06 PCIT vs. Shodiman Investments P. Ltd 93 Taxmann.com 153 (Bom HC) On the meri…

Herve Pomerleau International Cccl, Chennai vs. ACIT, Chennai

In the result, the ITA No

ITA 1008/CHNY/2017[2010-11]Status: DisposedITAT Chennai21 Oct 2019AY 2010-11

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Sridhar, Advocate and Shri. K. Venkatraman, C.A
Section 143(3)Section 147Section 148Section 167BSection 2

…icer during the original assessment proceedings and therefore reassessment are promoted by mere change of opinion. In support of this, he placed reliance on the following decisions. ITA Nos.1008/17, 17 to 19/2019 :- 6 -: 01 CIT vs. Kelvinator of India Ltd, 320 ITR 561 (SC) 02 Tanmac India vs. DCIT, 78 Taxmann.com 155 (Madras HC) 03 CIT vs. Orient Craft Ltd, 354 ITR 536, (Del HC) 04 Shivsu Canadian Clear Waters Ltd vs. DCIT, 90 Taxmann. com 352, (Chennai ITAT) 05 Sun Pharmaceutical Industries Ltd vs. DICT, 381 ITR 387, (DEL HC) 06 PCIT vs. Shodiman Investments P. Ltd 93 Taxmann.com 153 (Bom HC) On the meri…

Charushula Suresh Borole, Jalgaon vs. Income-Tax Officer, Ward - 2 (4), Jalgaon

In the result, the appeal of assessee is allowed

ITA 633/PUN/2019[2011-12]Status: FixedITAT Pune17 Oct 2019AY 2011-12

Bench: Shri Anil Chaturvedi

For Appellant: Shri Vinay KawdiaFor Respondent: Shri Vishwas Mundhe
Section 143(3)Section 148

…d not have resorted to re-opening of assessment u/s 148 of the Act as it would amount to change of opinion, which is not permissible. Ld.A.R. further relied on the decision of Hon’ble Supreme Court in the case of CIT Vs. Kelvinator India Limited reported in 320 ITR 561 wherein the Hon’ble Apex Court held that the change of opinion cannot constitute a reason for re-opening of the completed assessment. He therefore submitted that the order of AO be set aside. Ld. D.R. on the other hand, supported the order of lower authorities. 6. I have heard the rival submissions and perused the material on record. Assessee i…

Hemalatha Rajan, Chennai vs. DCIT Corporate Circle 4(1), Chennai

In the result, the ITA No

ITA 668/CHNY/2019[2009-10]Status: DisposedITAT Chennai17 Oct 2019AY 2009-10

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. Vikram Vijayaraghavan, AdvFor Respondent: Shri. R. Clement Ramesh
Section 143(3)Section 147

…(Ker) 05. CIT vs. Fenner India Ltd, 241 ITR 672 (Mad) 06. CIT vs. Froamer France, 264 ITR 566 (SC) 07. CIT vs. T.N. Transport Develop Finance Corp Ltd, 306 ITR 136 (Mad) and he further relied on the followings judgments. 01. CIT vs. Kelvinator of India Ltd, 320 ITR 561 (SC) 02. Tanmac India vs. DCIT, (2019) 97 CCH 189 (Mad) 03. Principal CIT vs. Century Textiles & Industries Ltd, (2018) 99’ taxmann. com 206 (SC). ITA Nos.667 &668/19 :- 7 -: On the merits, it is submitted that the donation made by 9. M/s. Ranstand Holdings, NV, Netherlands is a voluntary payment to the trust as a goodwill gesture and the con…