CIT v. P. C. Chemicals

359 ITR 129High Court2013#2173 most cited

What is CIT v. P. C. Chemicals authority for?

The Assessing Officer has valid reason to believe that income has escaped assessment when the assessee fails to file a return, especially if the assessee is known to have multiple income sources such as business income and income from house property. This justifies the initiation of reassessment proceedings.

53

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2017 to 2019.

Also referred to as

CIT v. P. C. Chemicals · P. C. Chemicals · Section 147 · Section 148 · reason to believe · income escaped assessment · non-filing of return · no return filed · business income · house property income · reassessment proceedings · Income Tax Officer v. M. Pirai Choodi

Judgments citing CIT v. P. C. Chemicals

Ss Techno Limited, Pune vs. Deputy Commissioner of Income Tax, Pune

In the result, the appeal is partly allowed for statistical purposes

ITA 1403/PUN/2017[2009-10]Status: DisposedITAT Pune26 Sept 2019AY 2009-10

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

…are of the view that the High Court should not have quashed the assessment proceedings vide impugned order’ and accordingly remitted the matter to lower authorities for disposal on merits. 31. The Hon’ble Delhi High Court in CIT Vs. P. C. Chemicals (2013) 359 ITR 129 (Delhi), following M. Pirai Choodi (supra), has restored the matter in the absence of the AO granting opportunity to cross- examine the witnesses, which formed the basis for addition. 32. The Hon’ble Madras High Court in CIT Vs. S.V. Sreenivasan (2018) 404 ITR 433 (Madras) considered both the judgments of Hon’ble Supreme Court, namely, Andam…

Sukhlal Sajan Patil, Pune vs. Deputy Commissioner of Income Tax, Pune

In the result, the appeal is partly allowed for statistical purposes

ITA 1365/PUN/2017[2009-10]Status: DisposedITAT Pune26 Sept 2019AY 2009-10

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

…are of the view that the High Court should not have quashed the assessment proceedings vide impugned order’ and accordingly remitted the matter to lower authorities for disposal on merits. 31. The Hon’ble Delhi High Court in CIT Vs. P. C. Chemicals (2013) 359 ITR 129 (Delhi), following M. Pirai Choodi (supra), has restored the matter in the absence of the AO granting opportunity to cross- examine the witnesses, which formed the basis for addition. 32. The Hon’ble Madras High Court in CIT Vs. S.V. Sreenivasan (2018) 404 ITR 433 (Madras) considered both the judgments of Hon’ble Supreme Court, namely, Andam…

Assistant Commissioner of Income Tax vs. Chandrashekhar Ashok Joshi, Nashik

In the result, the appeal is partly allowed for statistical purposes

ITA 2991/PUN/2016[2009-10]Status: DisposedITAT Pune26 Sept 2019AY 2009-10

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

…are of the view that the High Court should not have quashed the assessment proceedings vide impugned order’ and accordingly remitted the matter to lower authorities for disposal on merits. 31. The Hon’ble Delhi High Court in CIT Vs. P. C. Chemicals (2013) 359 ITR 129 (Delhi), following M. Pirai Choodi (supra), has restored the matter in the absence of the AO granting opportunity to cross- examine the witnesses, which formed the basis for addition. 32. The Hon’ble Madras High Court in CIT Vs. S.V. Sreenivasan (2018) 404 ITR 433 (Madras) considered both the judgments of Hon’ble Supreme Court, namely, Andam…

Assistant Commissoner of Income-Tax vs. Thermax Ltd., Pune

In the result, the appeal of the assessee is partly allowed and

ITA 714/PUN/2014[2006-07]Status: DisposedITAT Pune13 Sept 2019AY 2006-07

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.509/Pun/2014 िनधा"रण वष" / Assessment Year : 2006-07 Thermax Limited, Vs. Dcit, Circle-10, 14, Mumbai Pune Road, Pune Wakdewadi, Pune – 411 003 Pan : Aaact3910D Appellant Respondent आयकर अपील सं. / Ita No.714/Pun/2014 िनधा"रण वष" / Assessment Year : 2006-07

Section 131(1)Section 132Section 133A

…re of the view that the High Court should not have quashed the assessment proceedings vide impugned order’ and accordingly remitted the matter to lower authorities for disposal on merits. 11. The Hon’ble Delhi High Court in CIT Vs. P. C. Chemicals (2013) 359 ITR 129 (Delhi), following M. Pirai Choodi (supra), has restored the matter in the absence of the AO granting opportunity to cross-examine the witnesses, which formed the basis for addition. 12. The Hon’ble Madras High Court in CIT Vs. S.V. Sreenivasan (2018) 404 ITR 433 (Madras) considered both the judgments of Hon’ble Supreme Court, namely, Andaman T…

Thermax Limited, Pune vs. Deputy Commissioner of Income-Tax

In the result, the appeal of the assessee is partly allowed and

ITA 509/PUN/2014[2006-07]Status: DisposedITAT Pune13 Sept 2019AY 2006-07

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.509/Pun/2014 िनधा"रण वष" / Assessment Year : 2006-07 Thermax Limited, Vs. Dcit, Circle-10, 14, Mumbai Pune Road, Pune Wakdewadi, Pune – 411 003 Pan : Aaact3910D Appellant Respondent आयकर अपील सं. / Ita No.714/Pun/2014 िनधा"रण वष" / Assessment Year : 2006-07

Section 131(1)Section 132Section 133A

…re of the view that the High Court should not have quashed the assessment proceedings vide impugned order’ and accordingly remitted the matter to lower authorities for disposal on merits. 11. The Hon’ble Delhi High Court in CIT Vs. P. C. Chemicals (2013) 359 ITR 129 (Delhi), following M. Pirai Choodi (supra), has restored the matter in the absence of the AO granting opportunity to cross-examine the witnesses, which formed the basis for addition. 12. The Hon’ble Madras High Court in CIT Vs. S.V. Sreenivasan (2018) 404 ITR 433 (Madras) considered both the judgments of Hon’ble Supreme Court, namely, Andaman T…

Anjan Kumar Naha, Kolkata vs. I.T.O., Ward - 44(1), Kolkata

Appeals are allowed

ITA 2381/KOL/2017[2011-12]Status: DisposedITAT Kolkata15 May 2019AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 148

…essee for the AY in question despite having both business income as well as income from house property. Therefore, the Aa was justified in having reason to believe that income had escaped assessment. He referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme , Court in CIT, Shillong v. Jai Prakash Singh(l996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the enti…

Anjan Kumar Naha, Kolkata vs. I.T.O., Ward - 44(1), Kolkata

Appeals are allowed

ITA 2380/KOL/2017[2010-11]Status: DisposedITAT Kolkata15 May 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 148

…essee for the AY in question despite having both business income as well as income from house property. Therefore, the Aa was justified in having reason to believe that income had escaped assessment. He referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme , Court in CIT, Shillong v. Jai Prakash Singh(l996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the enti…

Anjan Kumar Naha, Kolkata vs. I.T.O., Ward - 44(1), Kolkata

Appeals are allowed

ITA 2379/KOL/2017[2009-10]Status: DisposedITAT Kolkata15 May 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 148

…essee for the AY in question despite having both business income as well as income from house property. Therefore, the Aa was justified in having reason to believe that income had escaped assessment. He referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme , Court in CIT, Shillong v. Jai Prakash Singh(l996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the enti…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

ITA/1003/2015HC Delhi29 Aug 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 139Section 143Section 148Section 260A

…e as well as income from house property. Therefore, the AO was justified in having reason to believe that income had escaped assessment. He ITA No. 916/2015 & connected matters Page 9 of 14 referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme Court in CIT, Shillong v. Jai Prakash Singh(1996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

ITA/990/2015HC Delhi29 Aug 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 139Section 143Section 148Section 260A

…e as well as income from house property. Therefore, the AO was justified in having reason to believe that income had escaped assessment. He ITA No. 916/2015 & connected matters Page 9 of 14 referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme Court in CIT, Shillong v. Jai Prakash Singh(1996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

ITA/916/2015HC Delhi29 Aug 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 139Section 143Section 148Section 260A

…e as well as income from house property. Therefore, the AO was justified in having reason to believe that income had escaped assessment. He ITA No. 916/2015 & connected matters Page 9 of 14 referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme Court in CIT, Shillong v. Jai Prakash Singh(1996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the…

Pr. Commissioner of Income Tax-16 vs. Jagat Talkies Distributors

ITA/1000/2015HC Delhi29 Aug 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 139Section 143Section 148Section 260A

…e as well as income from house property. Therefore, the AO was justified in having reason to believe that income had escaped assessment. He ITA No. 916/2015 & connected matters Page 9 of 14 referred to the decision in CIT v. P.C. Chemicals (2013) 359 ITR 129 which in turn referred to the decision of the Supreme Court in Income Tax Officer v. M. Pirai Choodi (2011) 334 ITR 262 (SC). Mr. Hossain also relied on the decision of the Supreme Court in CIT, Shillong v. Jai Prakash Singh(1996) 3 SCC 525 where it was held that mere failure to produce a witness for cross-examination would not vitiate the…

Shyam Sunder Jindal, New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 5448/DEL/2016[2006-07]Status: DisposedITAT Delhi10 Apr 2017AY 2006-07

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 5448/Del/2016 : Asstt. Year : 2006-07 Shyam Sunder Jindal, Vs Asstt. Commissioner Of Income 12A, Green Avenue, Sector-D, Tax, Central Circle-30, Pocket-3, Vasant Kunj, New Delhi New Delhi-110070 (Appellant) (Respondent) Pan No. Aagpj0184N Assessee By : Sh. Ajay Vohra, Sr. Adv. & Sh. Rohit Garg, Adv. Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 16.02.2017 Date Of Pronouncement : 10.04.2017 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 24.08.2016 Of Ld. Cit(A)-30, New Delhi

For Appellant: Sh. Ajay Vohra, Sr. Adv. &For Respondent: Sh. S. S. Rana, CIT DR
Section 132Section 143(3)Section 153ASection 153B(1)(viii)Section 4

…he Hon'ble Kerala High Court has been affirmed by the Hon'ble Apex Court in State of Kerala Versus KT, Shaduli Yusuf [39 STC 478] (SC). Also, the Hon'ble jurisdictional High Court has also applied the said principle in the case of CIT Vs P.C. Chemicals (2013) 359 ITR 129. 2.12 In the instant case, the Ld, AO did maintain that the loose sheet of paper, supposedly a foreign bank 15 Shyam Sunder Jindal account, which allegedly, was held by the Appellant, was received under the 'DTAA'. In this regard, one may mention that based on contemporaneous media reports, such information has been made available to the Indian…