CIT v. Nirma Chemical Works Ltd.

309 ITR 67High Court2009#671 most cited

What is CIT v. Nirma Chemical Works Ltd. authority for?

An assessment order is not erroneous or prejudicial under Section 263 merely because it is silent on a claim or lacks explicit reasons for its acceptance. Revision under Section 263 is impermissible if the Assessing Officer has taken a plausible view, even if the PCIT holds a different opinion.

149

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Nirma Chemical Works · section 263 · section 143(3) · assessment order erroneous · prejudicial to revenue · revision u/s 263 · lack of inquiry · silence of assessment order · AO's plausible view · Malabar Industrial Co. Ltd.

Also reported as

182 Taxmann 183

Sections most often in play

Section 263Section 143(3)Section 142(1)Section 139(1)Section 153ASection 131Section 132Section 143

Issues it is cited on

section 263(1)malabar industrialassessment order erroneousrevision u/s 263erroneous and prejudiciallack of enquirykelvinatorsection 263section 26revenue expendituresection 254(1)capital expenditure

Judgments citing CIT v. Nirma Chemical Works Ltd.

Enviro Technology Ltd., Ankleshwar vs. Asstt. Commissioner of Income Tax, Bharuch

In the result, appeal of the assessee is allowed

ITA 497/AHD/2015[2010-11]Status: DisposedITAT Surat08 Jun 2022AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA No(s). 2018, 2019/Ahd/2014 (A Y: 2008-09 & 2009-10) (Hearing in Virtual Court) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT ITA Nos. 497 & 498/Ahd/2015 (AY: 2010-11 & 2011-12) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ank…

Enviro Technology Limited, Ankleshwar vs. The ACIT., Bharuch Circle, Bharuch

In the result, appeal of the assessee is allowed

ITA 2019/AHD/2014[2009-10]Status: DisposedITAT Surat08 Jun 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA No(s). 2018, 2019/Ahd/2014 (A Y: 2008-09 & 2009-10) (Hearing in Virtual Court) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT ITA Nos. 497 & 498/Ahd/2015 (AY: 2010-11 & 2011-12) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ank…

Enviro Technology Limited, Ankleshwar vs. The ACIT., Bharuch Circle, Bharuch

In the result, appeal of the assessee is allowed

ITA 2018/AHD/2014[2008-09]Status: DisposedITAT Surat08 Jun 2022AY 2008-09

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 147Section 148Section 234DSection 254(1)Section 271(1)(c)Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA No(s). 2018, 2019/Ahd/2014 (A Y: 2008-09 & 2009-10) (Hearing in Virtual Court) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT ITA Nos. 497 & 498/Ahd/2015 (AY: 2010-11 & 2011-12) Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ankleshwar, Bharuch, Vs. Gujarat-393002. Circle-Bharuch. PAN : AAACE 4126 G APPELLANT RESPONDEDNT Enviro Technology Ltd., A.C.I.T. 2413/14, GIDC, Ank…

Learning Curve Edutech Solutions Pvt Ltd., Mumbai vs. Pr CIT-7, Mumbai

In the result, appeal by the assessee is allowed

ITA 832/MUM/2020[2015-16]Status: DisposedITAT Mumbai31 May 2022AY 2015-16
Section 115JSection 142(1)Section 143(3)Section 263

…the case of CIT Vs. Nirav Modi (reported in 390 ITR 292), Idea Cellular Ltd. (reported in 301 ITR 407) and CIT Vs. Fine Jewellery India Ltd. (reported in 55 Taxman.com 514). Further we find that Hon'ble Gujarat High Court in the case of Nirma Chemical Works (309 ITR 67) had observed that “if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order.” Merely because learned PCIT does not agree with the possible view taken by learned Assessing Officer, assessment cannot be the subject matter of revision. Reliance in t…

State Industries Promotion Corporation of Tamilnad Limited, Chennai vs. DCIT Corporate Ward 6(2), Chennai

In the result, the appeals filed by the assessee in ITA

ITA 954/CHNY/2019[2014-15]Status: DisposedITAT Chennai08 Apr 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri M.Rajan, CIT
Section 143(3)Section 263Section 263(1)Section 80I

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him to justify the…

State Industries Promotion Corporation of Tamil Nadu Limited, Chennai vs. ACIT, Chennai

In the result, the appeals filed by the assessee in ITA

ITA 2093/CHNY/2019[2013-14]Status: DisposedITAT Chennai08 Apr 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri M.Rajan, CIT
Section 143(3)Section 263Section 263(1)Section 80I

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him to justify the…

M/S State Industries Promotion Corporation of Tamilnadu Ltd, Chennai vs. DCIT Corporate Circle 6 (2), Chennai

In the result, the appeals filed by the assessee in ITA

ITA 1312/CHNY/2018[2014-15]Status: DisposedITAT Chennai08 Apr 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri M.Rajan, CIT
Section 143(3)Section 263Section 263(1)Section 80I

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him to justify the…

M/S State Industries Promotion Corporation of Tamilnadu Ltd, Chennai vs. DCIT Corporate Circle 6 (2), Chennai

In the result, the appeals filed by the assessee in ITA

ITA 1311/CHNY/2018[2013-14]Status: DisposedITAT Chennai08 Apr 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Shri M.Rajan, CIT
Section 143(3)Section 263Section 263(1)Section 80I

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him to justify the…

Sach Electro Mech Pvt. Ltd., Surat vs. Pr. CIT-2, Surat

In the result, the grounds of appeal raised by the assessee is allowed

ITA 392/SRT/2018[2013-14]Status: DisposedITAT Surat06 Apr 2022AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court)

Section 145ASection 14ASection 254(1)Section 263Section 40A

…ner held a different belief that would not permit him to take the order in revision, it if further held that when Assessing Officer made full enquiry, he made up his mind, the notice of revision is not valid. 23. In CIT Vs Nirma Chemical Works (P) Ltd (2009) 309 ITR 67, the Hon’ble High Court also held that when assessing officer after making due inquiries had adopted one of the view and granted partial relief, merely because Commissioner took a different view of the matter, it would not be sufficient to permit Commissioner to exercise his powers under section 263. The Hon’ble Court in para 22 of its order on th…

Enviro Technology Ltd., Ankleshwar vs. The Assistant Commissioner of Income Tax, Bharuch Circle-2, Bharuch

ITA 1472/AHD/2017[2007-08]Status: DisposedITAT Surat28 Feb 2022AY 2007-08

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…subject matter of appeal before the ld.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour…

Bharuch Enviro Infrastructure Ltd., Ankleshwar vs. Dy. Commissioner of Income Tax, Bharuch

ITA 499/AHD/2015[2006-07]Status: DisposedITAT Surat28 Feb 2022AY 2006-07

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…subject matter of appeal before the ld.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour…

Enviro Technology Limited, Ankleshwar vs. The ACIT., Bharuch Circle, Bharuch

ITA 2017/AHD/2014[2007-08]Status: DisposedITAT Surat28 Feb 2022AY 2007-08

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

Section 143(1)Section 143(3)Section 147Section 148Section 234BSection 234B(3)Section 234DSection 234D(1)Section 254(1)Section 80I

…subject matter of appeal before the ld.CIT(A) and was further examined by the Tribunal. To support his submissions, the ld. Senior .Counsel of the assessee relied upon the decision of Gujarat High Court in CIT Vs Nirma Chemical Works P. Ltd. (182 Taxman 183) /309 ITR 67, Nirma Industries Limited 283 ITR 402 (Guj) 155 taxmann 330 (Guj), decision of Hon’ble Supreme Court in Kolkata Discount Company Limited 41 ITR 191 (SC) and in CIT Vs Kelvinator of India Limited 320 ITR 561 (SC). 9. On merit, the ld. Senior Counsel for the Assessee submits that all the grounds of appeal raised by the assessee is covered in favour…

Bank of Baroda (Dena Bank), Mumbai vs. The Pr. CIT - 2, Mumbai

In the result, appeal of the assessee is allowed

ITA 1686/MUM/2020[2015-16]Status: DisposedITAT Mumbai25 Nov 2021AY 2015-16
Section 143(3)Section 263Section 36Section 36(1)(vii)Section 36(1)(viia)

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67/182 Taxman 183 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him…

Shri Atul K. Patel, Surat vs. Pr. CIT-3, Surat

In the result, appeal of the Assessee is allowed

ITA 267/SRT/2018[2013-14]Status: DisposedITAT Surat09 Nov 2021AY 2013-14

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.267/Srt/2018 (िनधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Atul K. Patel, V Principal Commissioner Of Income B-34, Kalpana Society-2, Rander Road, Tax-3, Aaykar Bhavan, Majura S. Adajan Patiya, Surat. Gate, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ackpp 4749 F (Assessee) (Respondent)

For Appellant: Shri Sapnesh Sheth, C.AFor Respondent: Shri Ritesh Mishra, CIT-DR
Section 143(3)Section 263Section 54B

…rmation called for, it must be presumed that the officer was satisfied before allowing the claim and there is no need to discuss the matter in his assessment order. As observed by the Gujarat High Court in the matter of CIT v. Nirma Chemical Works reported in 309 ITR 67. "The contention on behalf of the Revenue that the assessment order does not reflect any application of mind as to the eligibility otherwise under section-80-I of the Act requires to be noted to be rejected. An assessment order cannot not incorporate reasons for making/granting a claim of deduction. If it does so, an assessment order would cease t…

Smt. Niti Nitinkumar Didwania, Mumbai vs. Pr. CIT, Emtra; - 3, Mumbai

ITA 284/MUM/2021[2015-16]Status: DisposedITAT Mumbai02 Nov 2021AY 2015-16

Bench: Shri Pramod Kumar & Shri Ravish Sood

For Appellant: Shri Rakesh F. JoshiFor Respondent: Shri Rahul Raman
Section 10(38)Section 143(3)Section 153ASection 263Section 68

…Shri Nitin Kumar Didwania Vs. Pr.CIT, C-3 1 AY.s 2010-11 & 2011-12, ITA Nos. 278 & 281/Mum/2021 A.Ys. 2010-11 to 2015-16 – ITA Nos. 279 to 284/Mum/201 IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI RAVISH SOOD, JUDICIAL MEMBER ITA.Nos.278& 281/MUM/2021 (A.Ys: 2010-11& 2011-12) Shri Nitin Kumar Didwania v. Pr.CIT-(central)-3 172, 7th Floor, Khistij Apartment Room No. 1901, 19th Floor 47 Napean Sea Road Air India Building Mumbai – 400 036 Nariman Point Mumbai – 400 021 PAN No: AACPD7055J (Appellant) (Respondent) ITA.Nos. 279, 280, 282, 283…

Shri Nitin Kumar Didwania, Mumbai vs. Pr. CIT, Central-3, Mumbai

ITA 281/MUM/2021[2011-12]Status: DisposedITAT Mumbai02 Nov 2021AY 2011-12

Bench: Shri Pramod Kumar & Shri Ravish Sood

For Appellant: Shri Rakesh F. JoshiFor Respondent: Shri Rahul Raman
Section 10(38)Section 143(3)Section 153ASection 263Section 68

…Shri Nitin Kumar Didwania Vs. Pr.CIT, C-3 1 AY.s 2010-11 & 2011-12, ITA Nos. 278 & 281/Mum/2021 A.Ys. 2010-11 to 2015-16 – ITA Nos. 279 to 284/Mum/201 IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI RAVISH SOOD, JUDICIAL MEMBER ITA.Nos.278& 281/MUM/2021 (A.Ys: 2010-11& 2011-12) Shri Nitin Kumar Didwania v. Pr.CIT-(central)-3 172, 7th Floor, Khistij Apartment Room No. 1901, 19th Floor 47 Napean Sea Road Air India Building Mumbai – 400 036 Nariman Point Mumbai – 400 021 PAN No: AACPD7055J (Appellant) (Respondent) ITA.Nos. 279, 280, 282, 283…

Smt. Niti Nitin Kumar Didwania, Mumbai vs. Pr. CIT, Central-3, Mumbai

ITA 280/MUM/2021[2011-12]Status: DisposedITAT Mumbai02 Nov 2021AY 2011-12

Bench: Shri Pramod Kumar & Shri Ravish Sood

For Appellant: Shri Rakesh F. JoshiFor Respondent: Shri Rahul Raman
Section 10(38)Section 143(3)Section 153ASection 263Section 68

…Shri Nitin Kumar Didwania Vs. Pr.CIT, C-3 1 AY.s 2010-11 & 2011-12, ITA Nos. 278 & 281/Mum/2021 A.Ys. 2010-11 to 2015-16 – ITA Nos. 279 to 284/Mum/201 IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI RAVISH SOOD, JUDICIAL MEMBER ITA.Nos.278& 281/MUM/2021 (A.Ys: 2010-11& 2011-12) Shri Nitin Kumar Didwania v. Pr.CIT-(central)-3 172, 7th Floor, Khistij Apartment Room No. 1901, 19th Floor 47 Napean Sea Road Air India Building Mumbai – 400 036 Nariman Point Mumbai – 400 021 PAN No: AACPD7055J (Appellant) (Respondent) ITA.Nos. 279, 280, 282, 283…

Shri Nitin Kumar Didwania, Mumbai vs. Pr. CIT, Central-3, Mumbai

ITA 278/MUM/2021[2010-11]Status: DisposedITAT Mumbai02 Nov 2021AY 2010-11

Bench: Shri Pramod Kumar & Shri Ravish Sood

For Appellant: Shri Rakesh F. JoshiFor Respondent: Shri Rahul Raman
Section 10(38)Section 143(3)Section 153ASection 263Section 68

…Shri Nitin Kumar Didwania Vs. Pr.CIT, C-3 1 AY.s 2010-11 & 2011-12, ITA Nos. 278 & 281/Mum/2021 A.Ys. 2010-11 to 2015-16 – ITA Nos. 279 to 284/Mum/201 IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI RAVISH SOOD, JUDICIAL MEMBER ITA.Nos.278& 281/MUM/2021 (A.Ys: 2010-11& 2011-12) Shri Nitin Kumar Didwania v. Pr.CIT-(central)-3 172, 7th Floor, Khistij Apartment Room No. 1901, 19th Floor 47 Napean Sea Road Air India Building Mumbai – 400 036 Nariman Point Mumbai – 400 021 PAN No: AACPD7055J (Appellant) (Respondent) ITA.Nos. 279, 280, 282, 283…

Shri Rajnibhai Shivlal Modi, Himatnagar vs. The Income Tax Officer, S.K.Ward-3, Himatnagar

In the result, the appeal of the assessee is allowed

ITA 866/AHD/2016[2009-10]Status: DisposedITAT Ahmedabad03 Jun 2021AY 2009-10
For Appellant: Shri Tushar Hemani, A.RFor Respondent: Shri L.P. Jain, Sr. D.R
Section 143(3)Section 147Section 148Section 234ASection 271(1)(c)

…f change of opinion as the same material and facts were already considered by the Assessing Officer while finalizing original assessment u/s. 143(3) of the act. The ld. counsel has also placed reliance on the decision of CIT vs. Nirma Chemical Works Pvt. Ltd. 309 ITR 67 (Guj) & Gujarat Power Corporation Ltd. 350 ITR 266 (Guj). The ld. counsel has also submitted that assessee has also not made any payment to the sub-contractor in respect of such R.A. Bills amounting of Rs. 57,57,910/- and unpaid sub-contract bill of the same to the amount of Rs. 54,66,560/-. The revised return of income was filed voluntarily showi…

Pooja Marketing, Mumbai vs. Pr. CIT- 31, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2596/MUM/2019[2014-15]Status: DisposedITAT Mumbai24 May 2021AY 2014-15

Bench: Us, The Core Issues To Be Decided Are As Under:-

Section 115BSection 263Section 58(4)

…y those issues in respect of which the Assessee has not been able to satisfy him and give reasons for his conclusion. This would enable the Assessee to challenge the same, if aggrieved. In fact the Gujarat High Court in CIT v. Nirma Chemical Works Ltd. [2009] 309 ITR 67/182 Taxman 183 has observed that if an assessment order were to incorporate the reasons for upholding the claim made by an assessee, the result would be an epitome and not an assessment order. In this case, during the assessment proceedings for both the Assessment Years, the Assessing Officer issued a query memos to the assessee, calling upon him…