CIT v. Ramendra Nath Ghosh

82 ITR 888Supreme Court of India1971#2841 most cited

What is CIT v. Ramendra Nath Ghosh authority for?

For substituted service of notice by affixation to be valid, the serving officer must exercise all due and reasonable diligence to find the assessee or their agent, strictly adhering to the procedure under Rule 17 of Order V of the Civil Procedure Code. Failure to follow this proper procedure renders the service invalid and cannot sustain subsequent proceedings.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Ramendra Nath Ghosh · 82 ITR 888 · service of notice · Section 282 · Rule 17 Order V CPC · substituted service · service by affixation · proper procedure notice · natural justice · reassessment notice invalid

Issues it is cited on

Judgments citing CIT v. Ramendra Nath Ghosh

DY.COMMISSIONER OF INCOME TAX,CC-2,, KANPUR vs. SHRI.MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…ss of law as mandated to safeguard all assessee from any misuse of these provisions relating to service of a notice or reporting non-existence of a particular person on any given address made vague inquiry, reliance is placed upon CIT vs. Ramendra Nath Ghosh, 82 ITR 888 (SC). Such spot inquiry is not in accordance with law and has no creditability or any evidentiary value. Therefore, the appellant cannot be held to responsible merely on the basis of vague and illegal spot inquiry by inspector. 16. Without prejudice to the above, the appellant humbly submits that profit element on the six creditor of which additio…

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

…ss of law as mandated to safeguard all assessee from any misuse of these provisions relating to service of a notice or reporting non-existence of a particular person on any given address made vague inquiry, reliance is placed upon CIT vs. Ramendra Nath Ghosh, 82 ITR 888 (SC). Such spot inquiry is not in accordance with law and has no creditability or any evidentiary value. Therefore, the appellant cannot be held to responsible merely on the basis of vague and illegal spot inquiry by inspector. 16. Without prejudice to the above, the appellant humbly submits that profit element on the six creditor of which additio…

MECONS COMMOTRADE PRIVATE LIMITED,KOLKATA, WEST BENGAL vs. ITO, WARD 4(2), KOL, KOLKATA, WEST BENGAL

In the result, appeal of the assessee is allowed

ITA 2396/KOL/2024[2009-10]Status: DisposedITAT Kolkata09 Jul 2025AY 2009-10

Bench: Shri George Mathanआयकर अपील सं/Ita No.2396/Kol/2024 (नििाारण वर्ा / Assessment Year :2009-2010) Mecons Commotrade Private Ltd. Vs Ito, Ward-4(2), Kolkata 211, Eastern Building, 19, Mukherjee Road, Kolkata Pan No. : Aabcm 7696 Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) : Shri Yash Baid, Ar नििााररती की ओर से /Assessee By राजस्व की ओर से /Revenue By : Smt. Madhumita Das, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 09/07/2025 घोषणा की तारीख/Date Of Pronouncement : 09/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 27.09.2024 In Din & Order No.Itba/Nfac/S/250/2024-25/1069178720(1) For The Assessment Year 2009-2010. 2. Shri Yash Baid, Ld.Ar Appeared On Behalf Of The Assessee & Smt. Madhumita Das, Ld. Sr.Dr Appeared On Behalf Of The Revenue. 3. It Was The Submission By The Ld. Ar That The Issue Relates To Reopening Of The Assessment By Issuance Of Notice U/S.148 Of The Act. It Was The Submission That A Notice Has Been Alleged To Have Been Issued U/S.148 Of The Act On 31.03.2016. It Was The Submission That Such Notice U/S.148 Of The Act Has Not Been Served On The Assessee. When This Was Put To The Ld. Sr. Dr, The Paper Book Has Been Filed Containing 08 Pages, Which Read As Follows :-

For Respondent: Smt. Madhumita Das, Sr.DR
Section 142(1)Section 148Section 282

…oad. It was the submission that the report of the service by affixation did not comply with the requirement of the Section 282 of the Act. The ld. AR further drew my attention the decision of the Hon’ble Supreme Court in the case of Ramendra Nath Ghosh (1971) 82 ITR 888 (SC), wherein the Hon’ble Supreme Court has categorically held that the notice can be served even by the method provided under Rule 17 of Order V of the Civil Procedure Code, 1908. The observations of the Hon’ble Supreme Court in this regard are as under :- 9. Rule 17 of Order V of the Civil Procedure Code reads: Where the defendant or his agent…

ACIT, CENTRAL CIRCLE- 30, NEW DELHI vs. RAJNIL SALES PVT. LTD., NEW DELHI

ITA 4050/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2012-13 Acit, Vs Rajnil Sales Pvt. Ltd., Room No.91, 4Th Floor, Central Circle-30, New Delhi. 2B Grant Lane, Kolkata, West Bengal. Pan: Aabcr3491C (Appellant) (Respondent) Assessee By : Shri Ajay Wadhwa, Advocate & Ms Ragini Handa, Advocate Revenue By : Shri Pitambar Das, Cit-Dr Date Of Hearing : 25.11.2024 Date Of Pronouncement : 18.12.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 31.03.2017 Of The Commissioner Of Income Tax (Appeals)-30, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.320/15-16/2297 Arising Out Of The Appeal Before It Against The Order Dated 31.03.2015 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Acit, Central Circle-30, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Ajay Wadhwa, Advocate &For Respondent: Shri Pitambar Das, CIT-DR
Section 127Section 143(2)Section 143(3)Section 68

…been served through affixture as provided in Code of Civil Procedure. Here provisions of Order V Rules 17 to 20 of CPC are relevant. After taking notice of above statutory provisions, their Lordships of Supreme Court in the case of Ramendra Nath Ghosh v. CIT, 82 ITR 888, observed as under (as per head note): "The Inspector of Income-tax who had to serve notices under Section 33B of the Income-tax Act, 1922, claimed to have served the notices by affixing them on the assessee's place of business but in his report did not mention the names and addresses of the persons who identified the place of business of the asse…

ROCKSALT INTERACTIVE GAMES PRIVATE LIMITED ,HYDERABAD vs. INCOME TAX OFFICER, WARD-3(2) , HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 403/HYD/2020[2015-16]Status: DisposedITAT Hyderabad12 Dec 2022AY 2015-16

Bench: Shri Rama Kanta Panda & Shri Laliet Kumarm/S. Rocksalt Interactive Income Tax Officer, Vs. Games Pvt. Ltd., Ward 3(2), Hyderabad. Hyderabad. Pan Aafcr3033A (Appellant) (Respondent) Appellant By : Shri P. Murali Mohan Rao, C.A. Respondent By : Shri Vijay Bhaskar Reddy, Cit-Dr Date Of Hearing : 16.11.2022 Date Of Pronouncement : 12.12.2022 O R D E R Per Shri Laliet Kumar, J.M. : This Appeal Filed By The Assessee Is Directed Against The Order Dt.30.03.2020 Of The Learned Pr. Commissioner Of Income Tax/Cit-3, Hyderabad Relating To Assessment Year 2015-16 U/S. 263 Of The Income Tax Act, 1961 (In Short ‘The Act’).

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar
Section 139Section 139(1)Section 263Section 72Section 73Section 73ASection 74Section 74ASection 80

…mained the same. He further submitted that no show- cause notice was properly served on the assessee and no reasonable opportunity was afforded to the assessee in tune with the ratio laid down by the Hon'ble Supreme Court in the case of CIT Vs. Ramendra Ghosh 82 ITR 888 (SC). He further submitted that the order of Pr. CIT’s order u/s. 263 of the Act be set aside and allow the appeal of the assessee / restore the matter for verification of the filing of returns of income submitted for the Assessment Years 2013-14 and 2014-15. 7 6. Learned Departmental Representative supported the orders of authorities below. 7. W…

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