What is CIT v. Leisure Wear Exports Ltd. authority for?

An Assessing Officer's order is deemed prejudicial to the interests of the revenue under Section 263 if, due to its erroneous nature, the revenue suffers a loss of lawfully payable tax. This principle applies where the Assessing Officer fails to conduct proper enquiry.

How many judgments cite CIT v. Leisure Wear Exports Ltd.?

93 judgments on BharatTax cite CIT v. Leisure Wear Exports Ltd. (341 ITR 166), spanning 2014 to 2026.

Which sections of the Income Tax Act does CIT v. Leisure Wear Exports Ltd. come up under?

It is most often cited in judgments turning on Section 143(3), Section 263, Section 147, Section 10(37), Section 145A(b), Section 148.

CIT v. Leisure Wear Exports Ltd. (341 ITR 166)

Abhinandan Kedia, Janjgir-Champa vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result appeal of the assessee is allowed in terms of our observations herein above

ITA 174/RPR/2023[2018-19]Status: DisposedITAT Raipur11 Sept 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.174/Rpr/2023 िनधा"रण वष" /Assessment Year: 2018-19

For Appellant: Shri S.R.Rao, AdvFor Respondent: Shri Debashish Lahiri, CIT DR

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

…nt order is erroneous and prejudicial to revenues interest especially after recording his satisfaction that no adverse inference is drawn. 15. The Appellant relies on case laws mentioned at S1.No.13 to 17 of PB and on CIT vs. Leisure Wear Exports Ltd. [2012] 341 ITR 166 (Del.) 16. In this view of the matter, Appellant prays that the appeal may kindly be allowed in the interest of justice. Prayed accordingly. 4 4. With the above written synopsis furnished by the Ld AR, it was further submitted that on perusal of order of Ld PCIT while recording the findings at para 7(ii) at page 8 of the order u/s 263, Ld PCIT…

Kaur Kookies (P) Ltd., New Delhi vs. Pr, CIT, Delhi-4, New Delhi

Appeal are allowed

ITA 1119/DEL/2022[2017-18]Status: DisposedITAT Delhi11 May 2023AY 2017-18

Bench: Shri Kul Bharat & Shri Pradip Kumar Kediaassessment Year: 2017-18

Section 263Section 36

…n 263 of the Act. No substantial question of law arises.” [Emphasis supplied] 9 THAT SECTION 263 OF THE ACT CANNOT BE INVOKED TO MAKE DEEPER ENQUIRY: It is submitted that Hon’ble High Court of Delhi in the case of CIT vs. Leisure Wear Exports Ltd. reported in 341 ITR 166 has held that where the assessment order has been passed by the Assessing Officer after taking into account the assessee’s submissions and documents furnished by him and no material whatsoever has been brought on record by the Commissioner which showed that there was any discrepancy or falsity in evidences furnished by the assessee, the order of…

Shri Manmohan Singh Kapur, Hoshiarpur vs. Principal Commissioner of Income Tax-1, Jalandhar

In the result, appeal of the assessees in ITA Nos

ITA 68/ASR/2022[2017-18]Status: DisposedITAT Amritsar22 Mar 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Smt. Balwinder Kaur, CIT-DR

Section 115BSection 143Section 143(3)Section 147Section 148Section 263Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T. A. No. 66/Asr/2022 Assessment Year: 2017-18 Smt. Harneet Kaur Juneja V. Pr. Commissioner of Income R/o 216 Lajpat Nagar, Tax-1, Jalandhar Jalandhar (Punjab) [PAN: AJBPJ 4673Q] (Appellant) (Respondent) I.T. A. No. 67/Asr/2022 Assessment Year: 2012-13 Sh. Sukhjit Singh V. Pr. Commissioner of Income Village & P.O. Manik Dheri, Tax-1, Jalandhar Hoshiarpur (Punjab) [PAN: BHAPS 9843P] (Appellant) (Respondent) I.T. A. No. 68/Asr/2022 Assessment Year: 2017…

Shri Sukhjit Singh, Hoshiarpur vs. Principal Commissioner of Income Tax-1, Jalandhar

In the result, appeal of the assessees in ITA Nos

ITA 67/ASR/2022[2012-13]Status: DisposedITAT Amritsar22 Mar 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Smt. Balwinder Kaur, CIT-DR

Section 115BSection 143Section 143(3)Section 147Section 148Section 263Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T. A. No. 66/Asr/2022 Assessment Year: 2017-18 Smt. Harneet Kaur Juneja V. Pr. Commissioner of Income R/o 216 Lajpat Nagar, Tax-1, Jalandhar Jalandhar (Punjab) [PAN: AJBPJ 4673Q] (Appellant) (Respondent) I.T. A. No. 67/Asr/2022 Assessment Year: 2012-13 Sh. Sukhjit Singh V. Pr. Commissioner of Income Village & P.O. Manik Dheri, Tax-1, Jalandhar Hoshiarpur (Punjab) [PAN: BHAPS 9843P] (Appellant) (Respondent) I.T. A. No. 68/Asr/2022 Assessment Year: 2017…

Smt Harneet Kaur Juneja, Jalandhar vs. Principal Commissioner of Income Tax -1, Jalandhar

In the result, appeal of the assessees in ITA Nos

ITA 66/ASR/2022[2017-18]Status: DisposedITAT Amritsar22 Mar 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Surinder Mahajan, CAFor Respondent: Smt. Balwinder Kaur, CIT-DR

Section 115BSection 143Section 143(3)Section 147Section 148Section 263Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T. A. No. 66/Asr/2022 Assessment Year: 2017-18 Smt. Harneet Kaur Juneja V. Pr. Commissioner of Income R/o 216 Lajpat Nagar, Tax-1, Jalandhar Jalandhar (Punjab) [PAN: AJBPJ 4673Q] (Appellant) (Respondent) I.T. A. No. 67/Asr/2022 Assessment Year: 2012-13 Sh. Sukhjit Singh V. Pr. Commissioner of Income Village & P.O. Manik Dheri, Tax-1, Jalandhar Hoshiarpur (Punjab) [PAN: BHAPS 9843P] (Appellant) (Respondent) I.T. A. No. 68/Asr/2022 Assessment Year: 2017…

M/S Parwati Educational & Welfare Trust, Patna vs. Pr.CIT-Central, Patna

In the result, both the appeals filed by the assessee are allowed

ITA 45/PAT/2021[2012-13]Status: DisposedITAT Patna23 May 2022AY 2012-13

Bench: Sri Manish Borad & Sri Sonjoy Sarma)

Section 132Section 143(3)Section 153ASection 263

…ussion in that regard. The Hon’ble Court has held that the PCIT has set aside the order of the AO only on the ground that the PCIT did not agree the view taken and take a different view by the AO. • In the case of CIT vs. Leisure Wear Exports Ltd. reported in 46 DTR 97, the Hon’ble Delhi High Court has held that the revisionary power is not meant to be exercised for the purpose of directing the AO to hold another investigation without describing as to how the order of the AO is erroneous. The Hon’ble Court observed that where assessment order has been passed by the AO after taking into account the assessee’s subm…

M/S Parwati Educational & Welfare Trust, Patna vs. Pr.CIT-Central, Patna

In the result, both the appeals filed by the assessee are allowed

ITA 44/PAT/2021[2011-12]Status: DisposedITAT Patna23 May 2022AY 2011-12

Bench: Sri Manish Borad & Sri Sonjoy Sarma)

Section 132Section 143(3)Section 153ASection 263

…ussion in that regard. The Hon’ble Court has held that the PCIT has set aside the order of the AO only on the ground that the PCIT did not agree the view taken and take a different view by the AO. • In the case of CIT vs. Leisure Wear Exports Ltd. reported in 46 DTR 97, the Hon’ble Delhi High Court has held that the revisionary power is not meant to be exercised for the purpose of directing the AO to hold another investigation without describing as to how the order of the AO is erroneous. The Hon’ble Court observed that where assessment order has been passed by the AO after taking into account the assessee’s subm…

Gurbakshish Singh Batra, New Delhi vs. Pr. CIT - 12, New Delhi

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

ITA 396/DEL/2021[2016-17]Status: DisposedITAT Delhi31 Mar 2022AY 2016-17

Bench: Shri R.K. Panda & Shri N.K. Choudhryassessment Year: 2016-17 Gurbakshish Singh Batra, Vs Pr.Cit-12, E-1511, Wazir Nagr, New Delhi. Kotla Mubarakpur, New Delhi. Pan: Adspb2480J (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Ca Revenue By : Shri Shashi Bhushan Sukla, Cit, Dr Date Of Hearing : 15.02.2022 Date Of Pronouncement : 31.03.2022 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22Nd March, 2021 Of The Pcit, Delhi-12, Passed U/S 263 Of The It Act For The Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed His Return Of Income On 6Th October, 2016 Declaring The Total Income At Rs.44,86,160/-. The Return Was Processed U/S 143(1) Of The It Act. Subsequently, The Case Of The Assessee Was Selected For ‘Limited Scrutiny’ Based On The Following Reasons:-

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Shri Shashi Bhushan Sukla, CIT, DR

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 244ASection 263Section 50C

…ry and merely on the basis of presumption and surmises. For the above proposition, the ld. Counsel for the referred to the following decisions:- i. PCIT vs. Shreeji Prints (P.) Ltd. [2021] 130 taxmann.com 294 (SC); ii. CIT vs. Leisure Wear Exports Ltd. [2012] 341 ITR 166 (Delhi HC) [14-09- 2010]; iii. Commissioner of Income-tax vs. Ansal Housing & Construction Ltd. [2014] 45 taxmann.com 223 (Delhi HC); iv. Commissioner of Income-tax vs. Honda Siel Power Products Ltd. [2010] 194 Taxman 175 (Delhi HC); v. CIT vs. DLF Ltd. [2013] 31 taxmann.com 158 (Delhi HC); vi. CIT vs. Sunbeam Auto Ltd. [2011] 332 ITR167 (Delhi H…

Pawan Kumar Agarwal, New Delhi vs. Pr. CIT - 12, New Delhi

In the result, the appeals filed by the assessee are allowed

ITA 1357/DEL/2020[2012-13]Status: DisposedITAT Delhi17 Mar 2022AY 2012-13

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

For Appellant: Shri Satish Agarwal, CAFor Respondent: Shri T. Kipgen, CIT DR

Section 132Section 143(3)Section 153ASection 263

…rendered assessment order "erroneous". If due to an erroneous order of the AO the revenue is losing tax lawfully payable by a person, it would be certainly prejudicial to the interest of revenue, as held in the case of CIT Vs Leisure Wear Exports Ltd. (2012) 341 ITR 166 (Del.). In case of Malabar Industrial Co. Ltd. Vs CIT (2000) 243 ITR 87 (SC) Hon'ble Apex Court held that there was no material to support the claim of appellant & yet AO accepted the entry in the statement of account in absence of any supporting material and without making any inquiry. It is incumbent on the officer to investigate the facts stat…

Pawan Kumar Agarwal, New Delhi vs. Pr. CIT - 12, New Delhi

In the result, the appeals filed by the assessee are allowed

ITA 1355/DEL/2020[2011-12]Status: DisposedITAT Delhi17 Mar 2022AY 2011-12

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

For Appellant: Shri Satish Agarwal, CAFor Respondent: Shri T. Kipgen, CIT DR

Section 132Section 143(3)Section 153ASection 263

…rendered assessment order "erroneous". If due to an erroneous order of the AO the revenue is losing tax lawfully payable by a person, it would be certainly prejudicial to the interest of revenue, as held in the case of CIT Vs Leisure Wear Exports Ltd. (2012) 341 ITR 166 (Del.). In case of Malabar Industrial Co. Ltd. Vs CIT (2000) 243 ITR 87 (SC) Hon'ble Apex Court held that there was no material to support the claim of appellant & yet AO accepted the entry in the statement of account in absence of any supporting material and without making any inquiry. It is incumbent on the officer to investigate the facts stat…

Pawan Kumar Agarwal, New Delhi vs. Pr. CIT - 12, New Delhi

In the result, the appeals filed by the assessee are allowed

ITA 1354/DEL/2020[2010-11]Status: DisposedITAT Delhi17 Mar 2022AY 2010-11

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

For Appellant: Shri Satish Agarwal, CAFor Respondent: Shri T. Kipgen, CIT DR

Section 132Section 143(3)Section 153ASection 263

…rendered assessment order "erroneous". If due to an erroneous order of the AO the revenue is losing tax lawfully payable by a person, it would be certainly prejudicial to the interest of revenue, as held in the case of CIT Vs Leisure Wear Exports Ltd. (2012) 341 ITR 166 (Del.). In case of Malabar Industrial Co. Ltd. Vs CIT (2000) 243 ITR 87 (SC) Hon'ble Apex Court held that there was no material to support the claim of appellant & yet AO accepted the entry in the statement of account in absence of any supporting material and without making any inquiry. It is incumbent on the officer to investigate the facts stat…

M/S Satyam Educational Health & Charitable Trust, Patna vs. Pr. CIT-Central, Patna

In the result, all the four appeals of the assessee are allowed

ITA 39/PAT/2021[2016-17]Status: DisposedITAT Patna08 Mar 2022AY 2016-17

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 132Section 133ASection 142(1)Section 143(3)Section 153ASection 263

…f law. The Ld. A.R. contended that the provisions of section 263 of the Act cannot be invoked to conduct the fresh investigation by revising the assessment by relying on the decision of Hon’ble Delhi High Court in the case of CIT vs. Leisure Wear Exports Ltd. 46 DTR 97(Del) and the decision of Co-ordinate Bench of ITAT, Kolkata in the case of Boddhisatva Chattaopadyay vs. CIT in ITA No. 1314/Kol/2019. The Ld. A.R. submitted that the AO has taken a view after examining the details/explanations of assessee,then the Ld. PCIT cannot invoke the provision of section 263 of the Act to revise the assessment for a reason…

M/S Satyam Educational Health & Charitable Trust, Patna vs. Pr. CIT-Central, Patna

In the result, all the four appeals of the assessee are allowed

ITA 38/PAT/2021[2015-16]Status: DisposedITAT Patna08 Mar 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 132Section 133ASection 142(1)Section 143(3)Section 153ASection 263

…f law. The Ld. A.R. contended that the provisions of section 263 of the Act cannot be invoked to conduct the fresh investigation by revising the assessment by relying on the decision of Hon’ble Delhi High Court in the case of CIT vs. Leisure Wear Exports Ltd. 46 DTR 97(Del) and the decision of Co-ordinate Bench of ITAT, Kolkata in the case of Boddhisatva Chattaopadyay vs. CIT in ITA No. 1314/Kol/2019. The Ld. A.R. submitted that the AO has taken a view after examining the details/explanations of assessee,then the Ld. PCIT cannot invoke the provision of section 263 of the Act to revise the assessment for a reason…

M/S Satyam Educational Health & Charitable Trust, Patna vs. Pr. CIT-Central, Patna

In the result, all the four appeals of the assessee are allowed

ITA 37/PAT/2021[2014-15]Status: DisposedITAT Patna08 Mar 2022AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 132Section 133ASection 142(1)Section 143(3)Section 153ASection 263

…f law. The Ld. A.R. contended that the provisions of section 263 of the Act cannot be invoked to conduct the fresh investigation by revising the assessment by relying on the decision of Hon’ble Delhi High Court in the case of CIT vs. Leisure Wear Exports Ltd. 46 DTR 97(Del) and the decision of Co-ordinate Bench of ITAT, Kolkata in the case of Boddhisatva Chattaopadyay vs. CIT in ITA No. 1314/Kol/2019. The Ld. A.R. submitted that the AO has taken a view after examining the details/explanations of assessee,then the Ld. PCIT cannot invoke the provision of section 263 of the Act to revise the assessment for a reason…

M/S Satyam Educational Health & Charitable Trust, Patna vs. Pr. CIT-Central, Patna

In the result, all the four appeals of the assessee are allowed

ITA 36/PAT/2021[2013-14]Status: DisposedITAT Patna08 Mar 2022AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 132Section 133ASection 142(1)Section 143(3)Section 153ASection 263

…f law. The Ld. A.R. contended that the provisions of section 263 of the Act cannot be invoked to conduct the fresh investigation by revising the assessment by relying on the decision of Hon’ble Delhi High Court in the case of CIT vs. Leisure Wear Exports Ltd. 46 DTR 97(Del) and the decision of Co-ordinate Bench of ITAT, Kolkata in the case of Boddhisatva Chattaopadyay vs. CIT in ITA No. 1314/Kol/2019. The Ld. A.R. submitted that the AO has taken a view after examining the details/explanations of assessee,then the Ld. PCIT cannot invoke the provision of section 263 of the Act to revise the assessment for a reason…