CIT v. Krishak Bharti Co-operative Ltd.

266 ITR 208High Court2004#15553 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 116 Section 154 Section 200A Section 206CB Section 139(1)Section 143 Section 143(1)Section 143(3)

Issues it is cited on

mistake apparent from record section 154 section 11 section 15 interest

Judgments citing CIT v. Krishak Bharti Co-operative Ltd.

ADITYA CEMENT,BEHROR vs. ITO, BEHROR

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

ITA 1491/JPR/2024[2013-14]Status: DisposedITAT Jaipur13 May 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Anand Kumar Gupta, AdvFor Respondent: Mrs. Swapnil Parihar, JCIT-DR a

Section 143(3)Section 154Section 68Section 72(1)

…he A.O.'s. Reliance was placed on the following decisions for this proposition (i) TS. Balaram, ITO vs. Valkart brothers (1971) 82 ITR 50 (SC ); ii) Varindra Construction vs. ITO (2004) 1 SOT 152 (Asr); (iii) CIT vs. Krishak Bharti Co-operative Lotd. (2004) 266 ITR 208 (Del.); 13 Aditya Cement, Alwar (iv) Relays (P) Ltd. vs. ACIT (2003) SOT 15 (Delhi): (v) CIT vs. Jayana Cold Storage & Ice Factory (2003) 128 Taxman 51/260 ITR 430 (All)” 6. Per contra, ld. DR relied upon the orders of the Ld. CIT(A). She also filed a letter received from the AO countering the submissions made by the assessee. 7. We have hear…

AVIAXPERT PVT. LTD.,NEW DELHI vs. ITO WARD 3(1), NEW DELHI

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

ITA 87/DEL/2024[2017-18]Status: DisposedITAT Delhi09 Aug 2024AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singhआ.अ.सं/.I.T.A No.87/Del/2024 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Avia Xpert Pvt. Ltd. Ito, E-178, East Of Kailash, Vs. Ward 3(1), New Delhi. C.R. Building, I.P. Estate, New Delhi. Pan No. Aaica7960L अपीलाथ" Appellant ""यथ"/Respondent

Section 139(1)Section 143(1)Section 154Section 154(3)Section 36(1)(va)

…table legal claim can be made while passing rectification order u/s 154 of the Act: 1. ITO vs. M/s Volkart Brothers & Ors [(1971) 82 ITR 50 (SC)] 2. CIT Vs. Hero Cycles (P) Ltd. [(1997) 228 ITR 463 (SC)] 3. CIT Vs. Krishak Bharati Co-opeative Ltd. [(2004) 266 ITR 208 (Del)(HC)] 4. Bajaj Auto Finance Ltd. vs. CIT [(2018) 404 ITR 564 (Bom) (HC)] 5. Khatau Junkar Ltd. vs. DCIT [(1992) 196 ITR 55 (Bom) (HC)]. 7. Ld. Counsel for the assessee also placed reliance on the decision of the Madhya Pradesh High Court in the case of CIT Vs. Mahavir Drilling Company (273 ITR 201) for the proposition that when there are…

SHRI GOPAL SONI ,BIKANER vs. ACIT, CIRCLE-1, BIKANER

In the result the appeal filed by the assessee is allowed

ITA 383/JODH/2018[2014-15]Status: DisposedITAT Jodhpur11 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripoteshri Gopal Soni Prop Vs. The Acit, Circle – 1 Durga Silver Home Bikaner. Katla Chowk Nokha Rajasthan. Bikaner-334803, Rajasthan. Pan/Gir No. : Aemps5097M Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), Bikaner Passed U/S 154 & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair, JCIT -DR

Section 115BSection 133ASection 143(1)Section 154Section 234CSection 69

…s and record, which is not permissible in the proceedings u/s 154 of the Act. Matters of debatable interpretations of law can't be rectified u/s 154 as is evident from the decision in the case of CIT Vs. Krishak Bhrati Co-operative society Limited reported in 266 ITR 208 wherein the Hon'ble high court observed as under: "Interpretation of section 801 is a mater, which should be ordinarily be taken not a matter of rectification. Here the interpretation is debatable. An attempt to withdraw relief granted u/s 80 I u/s 154 was held to be invalid" Shri Gopal Soni, Bikaner The Hon'ble Rajasthan High Court in the case…

SUNLAND ALLOYS,DELHI vs. ACIT, NEW DELHI

In the result, the appeal filed by the Assessee stands allowed

ITA 209/DEL/2015[2010-11]Status: DisposedITAT Delhi16 Nov 2018AY 2010-11

Bench: Shri H. S. Sidhu & Shri N.K. Billaiya

For Appellant: SH. SACHIN KUMAR, CAFor Respondent: SH. AMIT KATOCH, SR. DR

Section 143(2)Section 143(3)Section 154Section 234DSection 244ASection 80I

…debtors and on fixed deposit with banks. Accordingly, the grounds no. 2 & 3 raised by the assessee are allowed. Our aforesaid view is fortified by the decision of the Hon’ble Delhi High Court in the case of CIT vs. Krishak Bharti Co-operative Ltd. (2004) 266 ITR 208 (Del.) wherein, it has been held as under:- “2....The only issue which arose for consideration before the Tribunal was whether a part of the relief granted to the respondent / assessee under section 80-I of the Act could be withdrawn by taking recourse of s. 154 of the Act. The Tribunal, by placing reliance on various decisions of the Apex Court…

ADVANCED ENZYME TECHNOLOGIES LTD,THANE vs. ACIT CIR I, THANE

In the result, the appeal of assessee is allowed

ITA 1775/MUM/2014[2002-03]Status: DisposedITAT Mumbai16 Nov 2017AY 2002-03

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Advanced Enzyme The Asst. Commissioner Of Technologies Ltd. (Formerly Income Tax- 1, Circle01, Known As Advanced Ashar It Park B Wing, 6 Th Biochemicals Ltd.) Floor, Road No. Z-16, Now Known As Advanced Wagle Indl Estate Vs. Enzyme Technologies Ltd. Thane (W) -400 604 Sun Magnetica, A Wing, 5 Th Fl Near Lic Service Road, Thane (W)-400 604 Appellant .. Respondent Pan No. Aabca4555E

For Appellant: Vipul Joshi & Dinkle Hariya, ARs’For Respondent: Rajesh Kumar Yadav, DR

Section 115JSection 143(3)Section 154Section 80Section 80H

…hat the Court was dealing with the very similar issue of section 80 HHC, viz., the adjustment of unabsorbed investment allowance in rectification proceedings. Similarly, Hon'ble Delhi High Court in the case of CIT v/s. Krishak Bharati Co-operative Ltd. (2004) 266 ITR 208 (Delhi), while dealing with the provisions of section 80 I of the Act, which are akin to section 80HHC of the Act, held that the relief granted to an assessee u/s. 80 I of the Act could not be withdrawn by taking recourse to section 154 of the Act. Even in this case, the SLP filed by the department is also dismissed by the Apex Court (2003) 264 I…

DCIT, NEW DELHI vs. M/S. COMVERSE NETWORK SYSTEMS INDIA PVT. LTD., GURGAON

In the result, the appeal of the Revenue is allowed for statistical

ITA 1626/DEL/2011[2002-03]Status: DisposedITAT Delhi09 Feb 2016AY 2002-03

Bench: Smt Diva Singh & Sh.L.P.Sahu

Section 90CSection 92CSection 92F

…e was placed on the following decisions in support of the prayer for admitting additional/supplementary grounds. It was submitted that the judicial precedent laid permitted the admission of the additional ground:- i) CIT vs Krishak Bharti Co-operative Ltd. 266 ITR 208; ii) CIT vs South India Bank Ltd. 249 ITR 304; iii) CIT vs Keshri Metal Pvt.Ltd. 237 ITR 165. Page 4 of 28 I.T.A .No.-1626/Del/2011 & C.O.-144/Del/2011 5. The prayer for admission of additional ground was not objected to by the Ld.Sr.DR. Accordingly after considering the material on record and the stand of the respective parties before the Ben…