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 366,470 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.

The Haryana State Co-Operative Agriculture and Rural Development, Panchkula vs. DCIT, Circle, Panchkula

Appeal is allowed

ITA 588/CHANDI/2024[2014-15]Status: DisposedITAT Chandigarh30 May 2025AY 2014-15

Bench: BEFORE: SHRI. RAJPALYADAV (Vice President), SHRI. KRINWANT SAHAY (Accountant Member)

…it objections, and lacked proper application of mind, relying on various judicial precedents which are as follows: (i) Anil Nagpal (2017) 291 CTR 272/ 145 DTR 209 (P&H HC) (ii) Agya Ram (2016) 96 CCH 103 (Del HC) dtd. 01.08.2016 (iii) Orient Craft Ltd. (2013) 354 ITR 536 (Delhi HC) (iv) Kelvinator of India Ltd. (320 ITR 561) (2010) (SC) (v) Asian Paints Ltd. (308 ITR 195) (2009) (Bom. HC) (vi) Asteroids Trading & Investments Pvt. Ltd. (308 ITR 190) (2009) (Bom. HC) (vii) GKN Sinter Metals Ltd. (371 ITR 225) (2015) (Bom. HC) (viii) Appellant’s own case in AY 2012-13 and AY 2013-14 by Hon’ble ITAT (ix) Indo Arab Ai…

Bses Yamuna Power Ltd, Delhi vs. ACIT, Circle-5(1), New Del;Hi

The appeal of the assessee is allowed on legal issues

ITA 4853/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Apr 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

…ES Rajdhani Power Ltd. & Ors vs. ACIT KLM Royal Dutch Airlines v. ADIT: [2007] 292 ITR 49 (Del.) CIT v. Feather Foam Enterprises (P) Ltd.: [2008] 296 ITR 342 (Del.) Atma Ram properties Pvt. Ltd v DCIT: [2012] 343 ITR 141 (Del) CIT v. Orient Craft Ltd: [2013] 354 ITR 536 (Del) Aventis Pharma Ltd. v. ACIT: [2010] 323 ITR 570 (Bom) 44. Reliance in this regard is placed on the following decisions of the Delhi High Court wherein the Court has held that when the reasons recorded refers to "perusal of records" or similar observations, it itself indicates that reassessment proceedings are initiated on reappraisal of exi…

Bses Yamuna Power Ltd., New Delhi vs. DCIT, Circle- 5(1), New Delhi

The appeal of the assessee is allowed on legal issues

ITA 4852/DEL/2017[2007-08]Status: DisposedITAT Delhi16 Apr 2025AY 2007-08

Bench: Shri Anubhav Sharma & Shri Manish Agarwalbses Rajdhani Power Ltd., Dy. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd., Asst. Cit, Bses Bhawan, Cicle-5(1), Nehru Place, Vs. New Delhi. New Delhi-110019 Pan-Aagcs3187H (Appellant) (Respondent) Bses Yamuna Power Dy. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Bses Rajdhani Power Ltd. & Ors Vs. Acit Bses Yamuna Power Asst. Cit, Limited, Cicle-5(1), Shakti Kiran Building, Vs. New Delhi. Karkardoooma, Delhi-110092 Pan-Aagcs3187H (Appellant) (Respondent) Assessee By Shri Rohit Jain, Adv., Sh. Deepesh Jain, Adv. & Sh. Shivam Gupta, Ca Department By Mr. Javed Akhtar, Cit-Dr Date Of Hearing 20/02/2025 Date Of Pronouncement 16/04/2025 O R D E R

Section 143(3)Section 147Section 148Section 154Section 250

…ES Rajdhani Power Ltd. & Ors vs. ACIT KLM Royal Dutch Airlines v. ADIT: [2007] 292 ITR 49 (Del.) CIT v. Feather Foam Enterprises (P) Ltd.: [2008] 296 ITR 342 (Del.) Atma Ram properties Pvt. Ltd v DCIT: [2012] 343 ITR 141 (Del) CIT v. Orient Craft Ltd: [2013] 354 ITR 536 (Del) Aventis Pharma Ltd. v. ACIT: [2010] 323 ITR 570 (Bom) 44. Reliance in this regard is placed on the following decisions of the Delhi High Court wherein the Court has held that when the reasons recorded refers to "perusal of records" or similar observations, it itself indicates that reassessment proceedings are initiated on reappraisal of exi…

M. Natesan, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2765/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

R.Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2697/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

S. Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

ITA 2696/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 133A

…ior to issue of notice u/s.148. The notice under section 148 dated 9.12.2002 is thus an arbitrary exercise of power and a review of proceedings impermissible in law. 13. The Division Bench of the Delhi High Court in the case of CIT v. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 deals specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as follows; 'Was the Tribunal right in law in holding that in the absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement of in…

S. Easwaramoorthy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2695/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

K. Paramasivam, Karur vs. ITO, Ward-1, Karur

ITA 2694/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

Section 133A

…or to issue of notice u/s.148. The notice under section 148 dated 9.12.2002 is thus an arbitrary exercise of power and a review of proceedings impermissible in law. 13. The Division Bench of the Delhi High Court in the case of CIT v. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 deals specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as follows; 'Was the Tribunal right in law in holding that in the absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement of i…

K. Paramasivam, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2693/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

K. Baskar, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2692/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

K. Baskar, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2691/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

K. Sadasivam, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2690/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

P. Nallusamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2687/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

K. Kathirvel, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2686/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

P. Karunanithi, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2685/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

Ramasamy Palanisamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2591/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

Ramasamy Palanisamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2590/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

Palanisamy Gounder Loganathan, Karur vs. ITO, Ward-1, Karur

ITA 2589/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…ior to issue of notice u/s.148. The notice under section 148 dated 9.12.2002 is thus an arbitrary exercise of power and a review of proceedings impermissible in law. 13. The Division Bench of the Delhi High Court in the case of CIT v. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 deals specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as follows; 'Was the Tribunal right in law in holding that in the absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement of in…

M. Velusamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2587/CHNY/2024[2013-14]Status: DisposedITAT Chennai09 Apr 2025AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…

M. Velusamy, Karur vs. ITO, Ward-1, Karur

In the result, all the appeals t, all the appeals stand allowed

ITA 2586/CHNY/2024[2012-13]Status: DisposedITAT Chennai09 Apr 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Jagadish

…dings an arbitrary exercise of power and a review of proceedings impermissible in law. impermissible in law. 13. The Division Bench of the The Division Bench of the Delhi High Court in the case in the case of CIT v. Orient Craft Ltd. Orient Craft Ltd. [2013] 354 ITR 536/215 Taxman 28/29 [2013] 354 ITR 536/215 Taxman 28/29 taxmann.com 392 taxmann.com 392 deals specifically with this aspect of the matter. The specifically with this aspect of the matter. The substantial question of law that was dealt with by the High Court is as substantial question of law that was dealt with by the High Court is as substantial que…