CIT v. PVS Beedies Pvt. Ltd.

237 ITR 13Supreme Court of India1999#873 most cited

What is CIT v. PVS Beedies Pvt. Ltd. authority for?

An audit objection that points out a factual error or omission overlooked by the Assessing Officer during the original assessment constitutes tangible material or information justifying the reopening of assessment under Section 147. This principle applies even for reopening beyond four years and is not considered a mere change of opinion.

120

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. PVS Beedies Pvt. Ltd. · Section 147 · Section 148 · reopening assessment · audit objection · factual error · tangible material · beyond four years · change of opinion · income escaping assessment

Sections most often in play

Section 147Section 143(3)Section 148Section 144Section 115JBSection 14ASection 151Section 80P

Issues it is cited on

section 147(b)fresh tangible materialfull and true disclosurebeyond four yearsmere change of opinionkelvinatorfirst proviso to section 147change of opinionmaterial facts necessary for assessmenttangible materialsection 151(2)income escaping assessment

Judgments citing CIT v. PVS Beedies Pvt. Ltd.

Pr. Commissioner of Income Tax -Ltu, New Delhi vs. Srf Ltd

ITA/1148/2018HC Delhi05 Mar 2024

Bench: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV,HON'BLE MR. JUSTICE YASHWANT VARMA

Section 147

…the regular assessment and the CIT(A) has not properly examined this aspect. Thus the finding of the CIT(A) regarding reopening u/s 147 is not correct. The Ld. DR relied upon the decision of the Hon'ble Supreme Court in case of CIT Vs. PVS Beedis Pvt. Ltd 237 ITR 13 wherein it is held that re- opening of case u/s 147 (B) on basis of factual information given by internal audit party was valid in law. It is pertinent to note that the Hon'ble Supreme Court ratio is not applicable in the present case as in the present case audit objection was finally settled by the Assessing Officer on the issue where the ass…

Dr Batras Positive Health Clinic Private Limited, Mumbai vs. CIT(A), National Faceless Appeal Centre

In the result, all the appeals of the assessee

ITA 2748/MUM/2023[2011-12]Status: DisposedITAT Mumbai29 Dec 2023AY 2011-12

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 2748, 2747 & 2761/Mum/2023 Assessment Year: 2011-12, 2012-13 & 2013-14 Dr Batras Positive Health Clinic Cit(A), National Faceless Pvt. Ltd., Appeal Centre, Delhi. 2Nd Floor, H Kantilal Compound, Vs. Andheri Kurla Road, Sakinaka Andheri East-400072 Pan No. Aabcd 3857 G Appellant Respondent

For Appellant: Mr. Yogesh A. Thar, Mr. ChaitanyaFor Respondent: Mr. Ashok Kumar Ambastha, Sr
Section 143(2)Section 147Section 16(2)

…ant the initiation of re DR Batras Positive Health Clinic Pvt. Ltd.. 13 DR Batras Positive Health Clinic Pvt. Ltd.. ITA Nos. 2748, 2747 & 2761/Mum/2023 ITA Nos. 2748 However, the decision in the case of PVS Beedis Pv PVS Beedis Pvt. 7.1.4 However, the Ltd., 237 ITR 13 (SC) , 237 ITR 13 (SC) provided a nuanced perspective, as the provided a nuanced perspective, as the Hon'ble Supreme Court upheld the initiation of re-assessment Hon'ble Supreme Court upheld the initiation of re Hon'ble Supreme Court upheld the initiation of re proceedings based on a factual error identified by the internal audit proceedings based…

Dr Batras Positive Health Clinic Private Limited, Mumbai vs. CIT(A), NFAC, National Faceless Appeal Centre

In the result, all the appeals of the assessee

ITA 2747/MUM/2023[AY 2012-13]Status: DisposedITAT Mumbai29 Dec 2023

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 2748, 2747 & 2761/Mum/2023 Assessment Year: 2011-12, 2012-13 & 2013-14 Dr Batras Positive Health Clinic Cit(A), National Faceless Pvt. Ltd., Appeal Centre, Delhi. 2Nd Floor, H Kantilal Compound, Vs. Andheri Kurla Road, Sakinaka Andheri East-400072 Pan No. Aabcd 3857 G Appellant Respondent

For Appellant: Mr. Yogesh A. Thar, Mr. ChaitanyaFor Respondent: Mr. Ashok Kumar Ambastha, Sr
Section 143(2)Section 147Section 16(2)

…ant the initiation of re DR Batras Positive Health Clinic Pvt. Ltd.. 13 DR Batras Positive Health Clinic Pvt. Ltd.. ITA Nos. 2748, 2747 & 2761/Mum/2023 ITA Nos. 2748 However, the decision in the case of PVS Beedis Pv PVS Beedis Pvt. 7.1.4 However, the Ltd., 237 ITR 13 (SC) , 237 ITR 13 (SC) provided a nuanced perspective, as the provided a nuanced perspective, as the Hon'ble Supreme Court upheld the initiation of re-assessment Hon'ble Supreme Court upheld the initiation of re Hon'ble Supreme Court upheld the initiation of re proceedings based on a factual error identified by the internal audit proceedings based…

+DCIT CC- 7(2), Mumbai vs. Sahebrao Deshmukh Co.Op. Bank Ltd., Mumbai

Accordingly, Ground No. 1 and 2 raised by the Revenue are dismissed, while Ground No

ITA 2478/MUM/2021[2014-15]Status: DisposedITAT Mumbai29 Dec 2023AY 2014-15

Bench: The Tribunal.

For Appellant: Shri Satish ModiFor Respondent: Ms. Shreekala Pardeshi
Section 143(3)Section 147Section 148

…been disallowed. The Assessing Officer also issued notice under Section 148 of the Act without application of mind and without providing any basis or reasoning by merely placing reliance on the audit objection. In the case of CIT Vs. P.S.V. Beedies Pvt. Ltd.: 237 ITR 13 (SC)], the Hon’ble Supreme Court has held that reopening of the case on the basis of factual error pointed out by the audit party is permissible under law. However, on perusal of audit objection [placed at page 6 to 8 of the paper-book] we find that no such factual error has been pointed out by the Assessing Officer. In the facts and circumstances…

Global Business Conexxtions Pvt.Ltd., Madhya Pradesh vs. ACIT/DCIT-5(3), Mumbai

ITA 720/MUM/2023[2013-14]Status: DisposedITAT Mumbai28 Jun 2023AY 2013-14
For Appellant: Shri Jitendra SinghFor Respondent: Dr. Kishor Dhule
Section 143(3)Section 147Section 2(22)(e)

…riginal assessment proceedings no question related to applicability of provisions of Section 2(22)(e) of the Act were 3 raised or examined. The CIT(A) placed reliance on the judgment of the Hon’ble Supreme Court in the case of CIT Vs. P.V.S. Beedis Pvt. Ltd. (237 ITR 13) wherein it was held that reassessment proceedings can be initiated in case of factual error or omission pointed out by the audit party. As regards non-disposal of the objections to reopening of assessment the CIT(A) noted that the objections were filed at the very fag end of the assessment proceedings on 22/12/2018 whereas the reasons recorded we…

DCIT Corporate Circle 1, Coimbatore vs. Chiranjeevi Wind Energy Limited, Coimbatore

The appeal stands dismissed

ITA 1879/CHNY/2018[2011-12]Status: DisposedITAT Chennai27 Jun 2023AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1879/Chny/2018 (िनधा*रण वष* / Assessment Year: 2011-12) Dcit M/S. Chiranjeevi Wind Energy Ltd. बनाम/ Corporate Circle-1, 45/3A, Arts College Road, Coimbatore. Opp. To Bala Lodge, Vs. Coimbatore-641 018. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-8761-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri R. Vijayaraghavan (Advocate)-Ld.Ar " थ" की ओर से/Respondent By : Shri D. Hema Bhupal (Jcit)- Ld. Sr. Dr

For Appellant: Shri R. Vijayaraghavan (Advocate)-Ld.ARFor Respondent: Shri D. Hema Bhupal (JCIT)- Ld. Sr. DR
Section 143Section 143(3)Section 147Section 148

…n the case of Som Dutt Builders (P) Ltd., Vs. DCIT reported in 98 ITD 78, on the basis of the views of the Hon'ble Supreme Court in the case of Malabar Industrial CO. Ltd.,vs CIT cited in 243 ITR 83 (SC). 4. In the case of PVS Beedis P Ltd vs. CIT reported in 237 ITR 13(SC), the Hon'ble Supreme court had held that change of opinion is valid in cases where the assessment is reopened by mere change of opinion. 5. Whenever, there is escapement of income by way of under assessment, assessment of tax at lesser rate, assessment based on wrong claim, excessive deduction allowed, the provisions of section 147 has to be i…

Rain Cements Limited, Hyd, Hyderabad vs. DCIT, Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 864/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 May 2023AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2008-09 M/S. Rain Cements Ltd Vs. Dy. Commissioner Of (Formerly Known As Rain Income Tax, Circle 3 (1) Cii Carbon (India) Ltd Hyderabad Hyderabad Pan:Aabcr8858F (Appellant) (Respondent) Assessee By: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue By: Dr.Rajendra Kumar, Cit-Dr Date Of Hearing: 20/03/2023 Date Of Pronouncement: 31/05/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 24.03.2017 Passed U/S 143(3) R.W.S. 144C(5) R.W.S. 260 Of The I.T. Act For The A.Y 2008-09. 2. This Appeal Was Earlier Decided By The Tribunal Vide Order Dated 18.10.2019. Subsequently Vide Ma No.15/Hyd/2020, Dated 23.3.2021, The Tribunal Recalled The Entire Order For Fresh Adjudication. Therefore, This Is A Recalled Matter.

For Appellant: Advocate Prathishta Singh &For Respondent: Dr.Rajendra Kumar, CIT-DR
Section 10BSection 115JSection 143(2)Section 143(3)Section 147Section 148Section 92C

…he assessee had agitated before the DRP objecting to the reopening of the assessment on the basis of audit objection. While disposing of the said objection, the DRP relied on the decision of the Hon'ble Supreme Court in the case of CIT vs. PVS Beedi Pvt. Ltd (237 ITR 13) (S.C) and concluded that the position of law pointed out by the internal audit party was a valid basis for reopening. He submitted that the question whether reopening on the basis of audit party objection is valid or not was examined by the Hon'ble Supreme Court in the case of Indian and Eastern Newspaper Society vs. CIT (1979) 2 Taxman 197 where…

Assistant Commissioner of Income Tax, Circle 1(1), Raipur vs. M/S Hotel Ishika, Raipur

ITA 235/RPR/2017[2008-09]Status: DisposedITAT Raipur28 Apr 2023AY 2008-09

Bench: Shri Ravish Soodआयकर अपील सं./ Ita No. 235/Rpr/2017 "नधा"रण वष" / Assessment Year : 2008-09 The Assistant Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Hotel Ishika, A-08, Shubham Vihar, New Purena Raipur, Pan : Aadfh8557L

For Appellant: NoneFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 143(3)Section 147Section 36(1)(iii)

…ctually distinguishable with the case of the assessee?" 6. "Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) has erred in ignoring the ratio of the decision of the Apex Court in the case of CIT vs P.V.S. Beedies Pvt. Ltd. (SC) 237 ITR 13 where in the Hon'ble Apex Court has held that "the reopening of the assessment on the basis of error pointed out by the Audit Parties valid?" 7. "Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) has erred in giving a finding that the material available on the record cannot be used for the reopening of the assessmen…

DCIT-14(2)(1), Mumbai vs. Idea Cellular Ltd., Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 3147/MUM/2018[2009-10]Status: DisposedITAT Mumbai31 Mar 2023AY 2009-10
Section 115JSection 143(3)Section 147Section 148

…is only taxing it as short term capital gain u/s.50B of the Act treating it as slump sale. 9. With regard to the arguments advanced by the ld. DR by placing reliance heavily on the decision of the Hon‟ble Supreme Court in the case of PVS Beedies reported in 237 ITR 13 (SC), we find that the said decision was rendered in the context of erstwhile provision of Section 147(b) of the Act. This fact is very much evident in paras 1-3 of the said order of the Hon‟ble Supreme Court. Moreover, the Hon‟ble Supreme Court was concerned with the fact that a donation was given by that assessee to a charitable institution whic…

Idea Cellular Limited, Mumbai vs. Assistant Commissioner of Income Tax Hq (Judl) to CIT-14, Mumbai

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 2350/MUM/2018[2009-10]Status: DisposedITAT Mumbai31 Mar 2023AY 2009-10
Section 115JSection 143(3)Section 147Section 148

…is only taxing it as short term capital gain u/s.50B of the Act treating it as slump sale. 9. With regard to the arguments advanced by the ld. DR by placing reliance heavily on the decision of the Hon‟ble Supreme Court in the case of PVS Beedies reported in 237 ITR 13 (SC), we find that the said decision was rendered in the context of erstwhile provision of Section 147(b) of the Act. This fact is very much evident in paras 1-3 of the said order of the Hon‟ble Supreme Court. Moreover, the Hon‟ble Supreme Court was concerned with the fact that a donation was given by that assessee to a charitable institution whic…

The Deputy Commisioner of Income Tax, Circle- 3(1), Raipur vs. M/S Sankalp Realities, Raipur

In the result, appeal of the revenue is dismissed in terms of our aforesaid observations

ITA 47/RPR/2018[2009-10]Status: DisposedITAT Raipur13 Jan 2023AY 2009-10

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.47/Rpr/2018 Co. No.01/Rpr/2018 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of Income Tax, Circle-3(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Sankalp Realities, 28/620 Anand Niwas, Shankar Nagar, Raipur (C.G.) Pan: Abcsf6391P ……""यथ" / Respondent

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri G.N Singh, Sr. DR
Section 143(3)Section 147Section 148

…and the information need not be from external source?" 4. "Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) has erred in ignoring the ratio of the decision of the Apex Court in the case of CIT vs P.V.S. Beedies Pvt. Ltd. (SC) 237 ITR 13 where in the Hon'ble Apex Court has held that "the reopening of the assessment on the basis of error pointed out by the Audit Parties valid?" 3 DCIT, Circle-3(1) Vs. M/s. Sankalp Realities CO No.01/RPR/2018 5. "Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) was justified in accepting the fresh evidence produced…

ACIT, Kancheepuram vs. Sadasivan Jayabalan, Kanchipuram

In the result, the appeal filed by the Revenue is dismissed

ITA 189/CHNY/2019[2012-13]Status: DisposedITAT Chennai08 Sept 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A No.:189/Chny/2019 िनधा"रण वष"/ Assessment Year 2012 - 2013 The Acit, Shri Sadasivan Jayabalan, Circle – 1, Vs. No.243, Eswara Nagar, Kancheepuram. Main Road, Veppampattu, Tiruvallur Taluk & District Pincode – 602 024 Pan: Aqqpj 7037A (अपीलाथ"/Appellant) (""यथ"/Respondent) ""यथ" क" ओर से/Respondent By : Shri P. Sajit Kumar, Jcit अपीलाथ" क" ओर से/Appellant By : Shri T. Vasudevan, Advocate सुनवाई क" तार"ख/Date Of Hearing : 08.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 08.09.2022

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 143(1)Section 143(3)Section 147Section 148Section 46ASection 56(2)(vii)

…the Assessing Officer to form an opinion that income has escaped assessment within the meaning of Section 147 of the Act without considering the decision of the Hon’ble Supreme Court in the case of Commissioner of Income Tax Vs. M/s. PVS Beedies (P) Limited [237 ITR 13]. 3. The Commissioner of Income Tax (Appeals) erred in quashing the re- assessment by treating it as null and void. But it cannot be merely said to be null and void when application of mind of his superior officer like the JCIT is also there by approving the re-opening proposal. 4. The Commissioner of Income Tax (Appeals) erred in deleting the add…

DCIT Cent Cir 7(1), Mumbai vs. Shri Manoj Kumar Babulal Punamiya, Mumbai

In the result, the appeal of the revenue is allowed for statistical purposes

ITA 1550/MUM/2021[2011-12]Status: DisposedITAT Mumbai15 Jul 2022AY 2011-12

Bench: Us Is Less Than The Monetary Limit Prescribed By Cbdt For Enabling Revenue To Prefer Appeal Before This Tribunal. This Was Vehemently Objected By The Ld. Dr By Stating That The Case Falls Under The Exception To The Said Cbdt Circular On Low Tax Effect, As In The Instant Case, The Case Was Reopened Based On Audit Objection Which Was Accepted By The Revenue. In Support Of This, The Ld. Dr Placed On Record The Copy Of The Audit Objection, Which Has Been Accepted By The Department. We Have Verified The Same & Are In Concurrence With The Argument Advanced By The Ld. Dr. Accordingly, This Is Not A Fit Case To Be Dismissed On The Ground Of Low Tax Effect. Hence The Parties Were Allowed To Represent The Issues Ground Wise.

Section 143(3)Section 147

…mistake of fact – rectifying the mistake of allowing wrong set off of brought forward losses which was not available with the assessee company in Asst Year 2011-12. Hence the ratio laid down by the Hon’ble Supreme Court in the case of PVS Beedies reported in 237 ITR 13 (SC) would squarely come to the rescue of the revenue in the instant case. 3.6. In view of the above, we hold that the reopening has been done properly in the instant case and the ld. CIT(A) ought not to have quashed the reassessment as void abinitio. Accordingly, the Grounds raised by the revenue challenging the quashing of reassessment by the l…

ACIT, Non Corporate Circle - 7(1), Chennai vs. A.Thiagarajan, Chennai

In the result, appeal filed by the revenue is dismissed

ITA 2112/CHNY/2017[2009-10]Status: DisposedITAT Chennai12 Apr 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.No.2112/Chny/2017 & C.O. No. 164/Chny/2017 [In Ita No.2112/Chny/2017] ("नधा"रणवष" / Assessment Year: 2009-10) Vs Mr. A.Thiagarajan The Assistant Commissioner Of Income Tax, Plot No.67, Akshya Colony, Non-Corporate Circle-7(1) Padi, Chennai-600 034. Chennai-600 098. Pan: Aabpt 1461F (अपीलाथ"/Appellant) (""यथ"/Respondent /Cross Objector) : Mr. G.Johnson, Addl.Cit अपीलाथ" क" ओरसे/ Appellant By : Mr. T.Banusekar, C.A ""यथ"क" ओर से/Respondent By : 04.04.2022 सुनवाईक"तार!ख/Date Of Hearing : 12. 04.2022 घोषणाक"तार!ख /Date Of Pronouncement आदेश / O R D E R

For Appellant: Mr. T.Banusekar, C.A ""For Respondent: 04.04.2022
Section 143(3)Section 147Section 37(1)

…formation of belief on the basis of fresh tangible material and thus, the learned CIT(A) has erred in quashing reassessment order. The learned DR further referring to decision of the Hon'ble Supreme Court in the case of CIT Vs. PVS Beedies Pvt. Ltd. (1999) 237 ITR 13 (SC) submitted that reopening of assessment on the basis of audit objection is valid, because there is no dispute as to factual error committed by the Assessing Officer has been brought out in the audit note. The learned DR further referring to decision of the Hon'ble Supreme Court in the case of in the case of A.L.A Firm Vs.CIT (1991) 189 ITR 2…

Goel Ganga Construction, Pune vs. Income-Tax Officer, Ward - 7(3), Pune

In the result, the appeal filed by the assessee stands dismissed

ITA 2138/PUN/2017[2008-09]Status: DisposedITAT Pune11 Mar 2022AY 2008-09
For Appellant: Shri Rajiv ThakkarFor Respondent: Shri M. Jasnani
Section 139Section 143(3)Section 147Section 148Section 80I

…of the fresh tangible information enabling the Assessing Officer to form an opinion that the income got escaped assessment tax. The ld. CIT(A) also placing reliance on the decision of the Hon’ble Supreme Court in the case of CIT vs. P.V.S. Beedies (P.) Ltd., 237 ITR 13(SC) held that reopening the assessment on the basis of factual error pointed out by the audit party is valid in law. 6 Thus, the ld. CIT(A) upheld the validity of the reassessment proceedings. 7. On merits, the ld. CIT(A) held that the Assessing Officer is correct in taxing the interest earned on the loans and advances made to the sister concerns…

DCIT, Coimbatore vs. Maheswara Sugars Limited, Coimbatore

In the result, the appeal filed by the Revenue is dismissed

ITA 1809/CHNY/2015[2006-07]Status: DisposedITAT Chennai31 Jan 2022AY 2006-07

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri R. Vijayaraghavan, Advocate
Section 143(1)Section 143(3)Section 148

…sessee. He admitted that reopening is beyond 4 years and original assessment was completed 8 I.T.A. No.1809/Chny/2015 u/s.143(3) of the Act. The ld.CIT-DR only relied on the decision on the Hon’ble Supreme Court in the case of CIT vs. PVS Beedies Pvt. Ltd., 237 ITR 13 (SC). He particularly read out para 9 of AO which states that “re-opening of the assessment order is squarely covered by the principle laid down by the Hon’ble Supreme Court in the case of CIT vs. PVS Beedies Pvt Ltd.” Apart from this, he could not controvert the above submissions made by the ld.counsel for the assessee. 7. We have heard rival co…

M/S R S Builders, Amritsar vs. Assistant Commissioner of Income Tax, Circle-1, Amritsar

The appeal is allowed for statistical purpose

ITA 639/ASR/2017[2011-12]Status: DisposedITAT Amritsar21 Sept 2021AY 2011-12

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. No. 639/Asr/2017 Assessment Year: 2011-12

Section 148

…that the reopening of the case u/s 148 may be done on the basis of any information. The action of the AO is supported by the decision of the Hon’ble Supreme Court in the above case. The Hon’ble Supreme Court in the case of CIT V/s P.V.S Beedies Pvt. Ltd. 1999 237 ITR 13 SC held in favour of revenue on the issue of reopening on the basis of audit objection. Action of the AO is further supported by the Hon’ble Supreme Court in the case of L&T (2017) 79 Taxman 267(SC) as there was no direction from 4 I.T.A. No. 639/Asr/2017 the audit party to reopen the case. Audit party only revealed the escapement of income from…

J.D. Sons Steel Pvt. Ltd., Faridabad vs. ACIT, Faridabad

In the result, the appeal of the assessee is allowed

ITA 1061/DEL/2015[2009-10]Status: DisposedITAT Delhi31 Aug 2021AY 2009-10

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Shri Rajesh Jain, CAFor Respondent: Shri Umesh Takiyar, Sr.D.R
Section 139Section 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 148(1)Section 148(2)Section 68

…osed) where Hon’ble Supreme Court held that the intimation which the Income-tax Officer received from the audit department would constitute "information" within the meaning of section 147(b). 16 CIT Vs P.V.S. Beedies (P.) Ltd. M9991 103 Taxman 294 (SO/[1999] 237 ITR 13 (SC/[1999] 155 CTR 538 (SC) Where Hon’ble Supreme Court held that Audit party had merely pointed out a fact which had been overlooked by Assessing Officer and this was not a case of information on a question of law. Reopening of case under section 147(b) on basis of factual information given by internal audit party was valid in law. 17 ACIT Vs Ra…

The Assistant Commr. of Income Tax, Cen. Circle-1, Jamnagar vs. Shri Meraman H. Parmar, Jamnagar

In the result, appeal filed by the Revenue is dismissed

ITA 42/RJT/2016[2012-13]Status: DisposedITAT Rajkot30 Jul 2021AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed) [Through Virtual Court]

For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri S. S. Rathi, Sr. D.R
Section 147Section 234ASection 269SSection 271DSection 271dSection 288

…IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) [Through Virtual Court] ITA. No: 42/RJT/2016 (Assessment Years: 2012-13) Asstt. Commissioner of Shri Meraman H Parmar Income Tax, Circle-1, 501, Shilp Apartment, Jamnagar Indira Marg, Jamnagar PAN No. ACPPP6171L (Appellant) (Respondent) Appellant by : Shri Chetan Agarwal, A.R. Respondent by : Shri S. S. Rathi, Sr. D.R. (आदेश)/ORDER Date of hearing : 16 -06-2021 Date of Pronouncement : 30 -07-2021 PER MAHAVIR PRASAD, J.M. 1. This appeal has been filed by the Re…

The Dy. CIT, Circle-1(2), Vadodara vs. M/S. Web Gazer Software Company, Vadodara

ITA 1559/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad18 Feb 2021AY 2009-10
For Appellant: Shri M.J. Shah &For Respondent: Shri Lalit P. Jain, Sr.D.R
Section 10ASection 10BSection 14

…ed 3-1-1992, was neither raised nor discussed in the assessment order for the assessment year 1992-93. On those facts, the court refused to intervene in the extraordinary jurisdiction. Reliance is also placed the case of CIT Vs P.V.S. Beedies (P.) Ltd. [19991 237 ITR 13 (SC). Notice for reopening of assessment was based on the report of the internal audit party. The court held that it would be permissible. Similar was the view taken by the Delhi High Court in the case of New Light Trading Co. Vs CIT [2002] 256 ITR 391 (Del). It is necessary to refer to the judgment of the Supreme Court in Ess Ess Kay Engg. Co. (P…