CIT v. Orient Craft Ltd.

354 ITR 536High Court2013#204 most cited

What is CIT v. Orient Craft Ltd. authority for?

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

366

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Orient Craft Ltd. · Section 147 · Section 148 · Section 143(1) · fresh tangible material · reason to believe · escapement of income · mere change of opinion · live link · reopening of assessment

Also reported as

29 Taxmann.com 392

Sections most often in play

Section 147Section 143(3)Section 148Section 143(2)Section 139Section 143(1)Section 133ASection 142(1)

Issues it is cited on

fresh tangible materialkelvinatorbeyond four yearsmaterial facts necessary for assessmentfirst proviso to section 147mere change of opinionlive linkchange of opiniontangible materialshort term capital gainsreason to believeescapement of income

Judgments citing CIT v. Orient Craft Ltd.

Dasari Keshanna, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1336/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Venkatanna Dara, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1335/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Mooti Rama Subbaiah, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1334/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Mooti Rama Subbaiah, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1333/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Konda Madhu Kumar, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1332/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Gadnampalli Gampanna, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1331/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Gadnampalli Gampanna, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1330/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Channa Gurappa, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1329/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Channa Gurappa, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1328/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Bandela Naga Rangaiah, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1327/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Bandari Kullayappa, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1326/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Sreenivasulu Bandela, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1325/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Rageni Gangadhar, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1324/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Rageni Gangadhar, Tadipatri, Hyderabad vs. ACIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1323/HYD/2016[2009-10]Status: DisposedITAT Hyderabad26 Sept 2018AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Asst. Commissioner of Income Tax, Circle-1, Anantapur vs. B.Lakshmi Narayana, Tadipatri

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1954/HYD/2017[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Pinjari Abdul Saleem, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1371/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Komali Nagayya, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1370/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

Naraboyena Gangaraju, Tadipatri, Hyderabad vs. DCIT, Circle-1, Anantapur

In the result, the assessee’s appeals are allowed and the Revenue’s appeals are dismissed

ITA 1369/HYD/2016[2010-11]Status: DisposedITAT Hyderabad26 Sept 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri Rifaur Rahmansl

…u/s 143(1), to form an opinion that there was escapement of income. Therefore, the assessments for A.Y. 2009- 10 could not be reopened u/s 147 of the Act. He relied upon the decision of the Hon’ble Delhi High Court in the case of Orient Craft Ltd reported in 354 ITR 536 (Delhi) for the proposition that the condition that tangible material is necessary for reopening of the assessment has to be followed even for the assessments which are completed u/s 143(1) of the Act. But we find that in a recent judgment in the case of Indulata Rangwala vs. DCIT reported in (2016) 384 ITR 337 (Delhi), the Hon’ble Delhi High Cou…

DCIT Cen Cir 4(3) Cr 4, Mumbai vs. Kargwal Products P. Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1462/MUM/2017[2009-10]Status: DisposedITAT Mumbai26 Sept 2018AY 2009-10

Bench: Shri G.S. Pannu & Shri Pawan Singhdcit, Cc- 4(3) Central M/S Kargwal Products P. Ltd. Range-4, Room No. 1921, Om Shiv Sai Chs, Off Eastern C-11, 19Th Floor, Air India Vs. Express Highway, Opp Sion Building, Nariman Point, Chunabhati Signal, Sion, Mumbai-400021. Mumbai-400022. Pan: Aadck3047P Appellant Respondent Cross Objection No.132/Mum/2018 (Assessment Year 2009-10) M/S Kargwal Products P. Ltd. Dcit, Cc- 4(3) Central Om Shiv Sai Chs, Off Eastern Range-4, Room No. 1921, C-11, 19Th Floor, Air India Express Highway, Opp Sion Vs. Chunabhati Signal, Sion, Building, Nariman Point, Mumbai-400022. Mumbai-400021. Pan: Aadck3047P Appellant Respondent Appellant By : Shri Dharmesh Shah (Dr) Respondent By : Ms. Pooja Swaroop (Sr. Ar) Date Of Hearing : 11.07.2018 Date Of Pronouncement : 26.09.2018 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri Dharmesh Shah (DR)For Respondent: Ms. Pooja Swaroop (Sr. AR)
Section 143(1)Section 143(3)Section 147Section 148Section 254(1)

…bchandani Health parks Pvt. Ltd. vs. ITO & Ors [384 ITR 322], Hon’ble Gujarat High Court in case of Krupesh Ghanshyambhai Thakkar vs. DCIT [77 taxmann.com 293], Hon’ble Delhi High Court in CIT vs. Batra Bhatia Company [321 ITR 526], CIT vs. Orient Craft Ltd. [354 ITR 536], Decision of Hon’ble Supreme Court in case of CIT vs. Kelvinator of India Ltd. [320 ITR 561(SC)] . 7. We have considered the rival submission of the parties and have gone through the orders of authorities below. The assessee filed return of income on 31.03.2010 for Assessment Year 2009-10. The assessment was processed under section 143(1). The a…

ITO 6(3)(2), Mumbai vs. Jaydeep Profiles P.Ltd, Mumbai

ITA 3236/MUM/2016[2009-10]Status: DisposedITAT Mumbai25 Sept 2018AY 2009-10

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2009-10 Income Tax Officer 6(3)(2), Jaydeep Profiles P. Ltd., R No.503, 5Th Floor, Aayakar 142/7 Lakdi Bunder Road, बनाम/ Bhavan, M.K.Road, Darukhana, Reay Road, Vs. Mumbai 400 020 Mumbai 400 086 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aaacj8998B Assessment Year: 2009-10 Jaydeep Profiles P. Ltd., Income Tax Officer 6(3)(2), 142/7 Lakdi Bunder Road, R No.503, 5Th Floor, Aayakar बनाम/ Darukhana, Reay Road, Bhavan, M.K.Road, Vs. Mumbai 400 086 Mumbai 400 020 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaacj8998B 2 & 2698/Mum/2016

Section 133(6)Section 139Section 142Section 143Section 147Section 148

…1) 336 ITR 59 (Raj.), vii. Emirates Shipping Line FZE vs Asst. DIT (2012) 349 ITR 493 (Del.). viii. Reference may also made to following judicial decisions:- ix. Safetag international India P. Ltd. (2011) 332 ITR 622 (Del.), x. CIT vs Orient Craft Ltd. (2013) 354 ITR 536 (Del.) xi. Acorus Unitech Wirelss Pvt. Ltd. vs ACIT (2014) 362 ITR 417 (Del.). 12 & 2698/Mum/2016 Jaydeep Profiles P.Ltd xii. Praful Chunilal Patel: Vasant Chunilal Patel vs Asst. CIT (1999) 832, 843-44, 844-45 (Guj.), xiii. Venus Industrial Corporation vs Asst. CIT (1999) 236 ITR 742, 746 (Punj.), xiv. Srichand Lalchand Talreja vs Asst. CIT (199…