CIT v. Maithan International

375 ITR 123High Court2015#894 most cited

What is CIT v. Maithan International authority for?

An assessment order becomes erroneous and prejudicial to the revenue, allowing revision under Section 263, if the Assessing Officer fails to conduct a proper and adequate inquiry into the genuineness, identity, and creditworthiness of share application money or other cash credits under Section 68.

119

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Maithan International · Section 263 Income Tax Act 1961 · Section 68 Income Tax Act 1961 · inadequate inquiry by AO · erroneous and prejudicial to revenue · revisionary power of CIT · share application money · unexplained cash credit · genuineness and creditworthiness · lack of inquiry · Malabar Industrial · accommodation entry

Also reported as

56 Taxmann.com 283231 Taxmann 381277 CTR 65

Issues it is cited on

Judgments citing CIT v. Maithan International

M/S Mbl Infrastructures Ltd., Kolkata vs. DCIT, Central Circle-2(2), Kolkata

Appeal is allowed

ITA 427/KOL/2018[2012-13]Status: DisposedITAT Kolkata22 Oct 2020AY 2012-13

Bench: Shri P. M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.427/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Mbl Infrastructure Ltd. Vs Dcit, Central Circle-2(2), Kolkata . 1St Floor, Divine Bliss, 2/3, Judges Court Road, Kolkata – 700027. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccm0564C (Appellant) .. (Respondent) Appellant By : Shri S. K. Tulsiyan, Advocate Respondent By : Shri Ram Bilash Meena, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 06/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 22/10/2020

For Appellant: Shri S. K. Tulsiyan, AdvocateFor Respondent: Shri Ram Bilash Meena, CIT(DR)
Section 143(3)Section 14ASection 263Section 35DSection 80Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” (Virtual Court Hearing), BENCH KOLKATA BEFORE SHRI P. M. JAGTAP, V.P & SHRI S. S. GODARA, JM आयकर अपीलसं./I.T.A No.427/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) M/s. MBL Infrastructure Ltd. Vs DCIT, Central Circle-2(2), Kolkata . 1st Floor, Divine Bliss, 2/3, Judges Court Road, Kolkata – 700027. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCM0564C (Appellant) .. (Respondent) Appellant by : Shri S. K. Tulsiyan, Advocate Respondent by : Shri Ram Bilash Meena, CIT(DR) सुनवाईक"तार"ख/ Date of Hearing : 06/10/2020 घोषणाक"तार"ख/Date of Pronouncement : 22/10/2020 आदेश / O R D…

M/S Manish Finlease (P) Ltd, Patna vs. ITO, Ward-2(1), Patna

ITA 25/PAT/2019[2010-11]Status: DisposedITAT Patna09 Aug 2019AY 2010-11

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2010-2011 Manish Finlease Pvt Ltd., Vs. Ito, Ward 2(1), Patna Chandi House Exhibition Road, Patna Pan/Gir No.Aaccm 6252 B (Appellant) .. ( Respondent) Assessee By : Shri A.K.Rastogi & Rakesh Kumar, Ars Revenue By : Shri Indrajeet Singh, Dr Date Of Hearing : 20/06/ 2019 Date Of Pronouncement : 09/08/ 2019 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Patna Dated 27.9.2018 For The Assessment Year 2010-2011. 2. The Appeal Filed By The Assessee Is Delayed By 51 Days. The Assessee Has Filed Application For Condonation Of Delay Stating The Reasons For Not Filing The Appeal In Time Before The Tribunal. After Hearing The Submissions Of The Parties, We Are Satisfied That The Assessee Had A Bonafide Reason For Not Filing The Appeal In Time. Therefore, We Condone The Delay & Proceed To Decide The Appeal Of The Assessee On Merits.

For Appellant: Shri A.K.Rastogi & Rakesh Kumar, ARsFor Respondent: Shri Indrajeet Singh, DR
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148(1)Section 68

…e Department is free to proceed to reopen their individual assessments in accordance with the law, but, it cannot be regarded as undisclosed income of the assessee. This judgement has been critically analysed in the case of CIT Vs Maithan International (2015) 277 CTR 65 (Cal) “This reasoning must apply a fortiori to large scale subscriptions to the shares of a public company where the latter may have no material other than the application forms and bank transaction details to give some indication of the identity of these subscribers. It may not apply in circumstances where the shares are allotted directly by the…

Ashutosh V. Jhaveri, Mumbai vs. ITO - 17(1)(2), Mumbai

ITA 5122/MUM/2016[2007-08]Status: DisposedITAT Mumbai24 Jun 2019AY 2007-08

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2011-12 Income Tax Officer - Mr. Ashutosh V. Jhaveri 259, 17(1)(2), Room No 116, Vs. 2Nd Floor, Shroff Chambers, 1St Floor, Aayakar Bazaar Gate Street, Mumbai- Bhavan,M.K. Road, 400001. Mumbai-400020 Pan No. Abapj2406L Appellant Respondent Assessment Year: 2011-12 Mr. Ashutosh V. Jhaveri Income Tax Officer - 259, 2Nd Floor, Shroff Vs. 17(1)(2), Room No 116, Chambers, Bazaar Gate 1St Floor, Aayakar Street, Mumbai-400001. Bhavan,M.K. Road, Mumbai-400020 Pan No. Abapj2406L Appellant Respondent Revenue By : Mr.Raveev Gubgotra & Mr. Chaudhary Arunkumar Singh, Drs Assessee By : Mr. Mehul Choksi, Ar Last Date Of Hearing : 29.03.2019 Date Of Pronouncement: 24/06/2019

For Appellant: Mr. Mehul Choksi, ARFor Respondent: Mr.Raveev Gubgotra & Mr
Section 143(3)

…explain the nature and cause of these entries, which fact has also been acknowledged by the Ld. CIT(A) in his appellate order, (ii) It has been judicially held in the cases of CIT Vs. Mihir Kanti Hazra, 375 ITR 555, (Calcutta), CIT vs. Maithan International, 375 ITR 123 and a catena of other decisions that the Assessing Officer could not accept genuineness of loan taken by assessee from various creditors merely on basis of their bank Mr. Ashutosh V. Jhaveri without examining correctness of views expressed by Assessing Officer. 2. The appellant prays that the order of the A.O. should be restored and order of the…

ITO 17(1)(2), Mumbai vs. Asutosh V. Jhaveri, Mumbai

ITA 4837/MUM/2016[2011-12]Status: DisposedITAT Mumbai24 Jun 2019AY 2011-12

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2011-12 Income Tax Officer - Mr. Ashutosh V. Jhaveri 259, 17(1)(2), Room No 116, Vs. 2Nd Floor, Shroff Chambers, 1St Floor, Aayakar Bazaar Gate Street, Mumbai- Bhavan,M.K. Road, 400001. Mumbai-400020 Pan No. Abapj2406L Appellant Respondent Assessment Year: 2011-12 Mr. Ashutosh V. Jhaveri Income Tax Officer - 259, 2Nd Floor, Shroff Vs. 17(1)(2), Room No 116, Chambers, Bazaar Gate 1St Floor, Aayakar Street, Mumbai-400001. Bhavan,M.K. Road, Mumbai-400020 Pan No. Abapj2406L Appellant Respondent Revenue By : Mr.Raveev Gubgotra & Mr. Chaudhary Arunkumar Singh, Drs Assessee By : Mr. Mehul Choksi, Ar Last Date Of Hearing : 29.03.2019 Date Of Pronouncement: 24/06/2019

For Appellant: Mr. Mehul Choksi, ARFor Respondent: Mr.Raveev Gubgotra & Mr
Section 143(3)

…explain the nature and cause of these entries, which fact has also been acknowledged by the Ld. CIT(A) in his appellate order, (ii) It has been judicially held in the cases of CIT Vs. Mihir Kanti Hazra, 375 ITR 555, (Calcutta), CIT vs. Maithan International, 375 ITR 123 and a catena of other decisions that the Assessing Officer could not accept genuineness of loan taken by assessee from various creditors merely on basis of their bank Mr. Ashutosh V. Jhaveri without examining correctness of views expressed by Assessing Officer. 2. The appellant prays that the order of the A.O. should be restored and order of the…

Anandalok, Kolkata vs. CIT(Exemption), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 1064/KOL/2017[2012-13]Status: DisposedITAT Kolkata08 May 2019AY 2012-13

Bench: Sh. P.M.Jagtap & Sh.S.S.Viswanethra Ravianandlok, Vs Cit(Exem.), Dk-7/3, Salt Lake City, 10B, Middleton Row, Kolkata-700091. 6Th Floor, Kolkata-700071. Pan-Aaata5320P (Appellant) (Respondent) Appellant By Sh. Rajeeva Kumar, Adv. Respondent By Sh. A.K.Nayak, Cit Dr Date Of Hearing 14.03.2019 Date Of Pronouncement 08.05.2019 Order Per S.S. Viswanethra Ravithis Appeal Filed By The Assessee Against The Order Dated 14.03.2017 Passed By Cit(E), Kolkata For Ay 2012-13. 2. The Only Issue Is To Be Decided As To Whether Cit Is Justified In Exercising His Jurisdiction U/S 263 Of The Income Tax Act, 1961 (In Short “Act”) In The Facts & Circumstances Of The Case.

Section 131Section 147Section 263

…T u/s 263 of the Act and dismiss the appeal of the assessee. 6. Further, We are of the view that, exercise of Jurisdiction u/s 263 of the Act was fully justified. The decision of the Hon’ble High Court of Calcutta in the case of CIT Vs. Maithen International 375 ITR 123 (Cal), dealt with this aspect of lack of enquiry with even more stringent conditions. The assessee in that case obtained loans aggregating to Rs.1.60 crore from six private limited companies ranging between Rs.7 lac to Rs.1.10 crore. These companies have filed their returns with nominal income. The AO mentioned in the assessment order that the In…

Philips India Ltd., Kolkata vs. PCIT-IV, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1142/KOL/2016[2009-2010]Status: DisposedITAT Kolkata27 Mar 2019AY 2009-2010

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

Section 143(3)Section 263Section 32

…hat the Assessing Officer has not examined the fact and simply accepted the claim of the assessee. He relied on the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Income-tax, Central-I, Kolkata v. Maithan International [2015] 375 ITR 123 (Calcutta), for the proposition that if an order is passed without enquiry/investigation it is erroneous insofar as it is prejudicial to the interest of the revenue. He prayed that the order of the ld. Pr. CIT be upheld. 7. We have heard rival contentions. On careful consideration of the facts and circumstances of the case, perusal of the papers…