CIT v. RIETA Biscuits Co. (P) Ltd.

309 ITR 154High Court2009#10532 most cited
10

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2022.

Judgments citing CIT v. RIETA Biscuits Co. (P) Ltd.

KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY (KIIT),BHUBANESWAR vs. COMMISSIONER OF INCOME TAX (EXEMPTION), HYDERABAD

In the result, appeal of the assessee is allowed

ITA 45/CTK/2021[2106-17]Status: DisposedITAT Cuttack08 Apr 2022AY 2106-17

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Kalinga Institute Of Industrial Kalinga Institute Of Industrial Vs Cit (Exemptions), Cit (Exemptions), Technology (Kiit Technology (Kiit), Hyderabad Bhubaneswar Bhubaneswar Pan/Gir No. No.Aaatk 3103 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Agarwal S.K.Agarwal, Ar Revenue By : Shri Manoj Kumar Goutam, Manoj Kumar Goutam, Cit (Dr) Date Of Hearing : 7 /3/ 20 / 2022 Date Of Pronouncement : 08/ /4/2022 O R D E R Per C.M.Garg G, Jm

For Appellant: Shri S.K.AgarwalFor Respondent: Shri Manoj Kumar Goutam
Section 142(1)Section 143(3)Section 263Section 263(1)Section 69A

…quiry cannot be made against the AO for alleging the impugned scrutiny assessment order as erroneous and prejudicial to the interest of the revenue. Placing reliance on the decision of Hon’ble P&H High Court in the case of CIT vs Reita Biscuits Co. (P) Ltd.,, 309 ITR 154 (P&H), ld counsel submitted that once the issue has been P a g e 10 | 18 Assessment Year : 2016-17 decided against the revenue on the same issue during subsequent year, there is no need to take a different view on a technical reason and thus, the notice and revisionary order u/s.263 of the Act is not valid and bad in law. 11. Replying to above,…

SUREKHA BUILDERS & DEVELOPERS PVT. LTD.,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 207/CTK/2018[2013-14]Status: DisposedITAT Cuttack20 Jul 2020AY 2013-14

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year: 2013-14

For Appellant: Shri S.K.Agarwal, ARFor Respondent: Shri M.K.Gautam, CIT,DR
Section 143(3)Section 263Section 263(1)

…ditor cannot be disputed or disbelieved for invoking the provisions of section 263 of the Act. Ld A.R. has placed reliance on the following judgments: P a g e 7 | 20 ITA No.2 07/CTK/201 8 Assessm ent Y ear : 20 13- 14 i) CIT vs Reita Biscuits Co.(P) Ltd., 309 ITR 154 (P&H) ii) DIT vs Jyoti Foundation, 357 ITR 388 (Del) iii) Nanda Kishore Agarwalla vs Pr. CIT in ITA No.212/CTK/2017 iv) Pr. CIT vs Kessoram Industries Ltd., 105 CCH 99 (kol) v) ITO vs DG Housing Projects , 343 ITR 329(Del) 9. Replying to above, ld CIT DR submitted that the Assessing Officer has not made any enquiry, verification or any other exe…

M/S. BANSAL OVERSEAS,KARNAL vs. ACIT, KARNAL

Appeal of the assessee is allowed

ITA 1828/DEL/2016[2004-05]Status: DisposedITAT Delhi08 Jan 2019AY 2004-05

Bench: Shri G. D. Agrawal & Ms Suchitra Kamblebansal Overseas Vs Acit 121 Km Stone, Near Namastesy Karnal Circle, Chowk, Aayakar Bhawan, Sector- G. T. Road 12, Urban Estate Karnal Aadfb3375L Karnal (Appellant) (Respondent)

Section 143Section 143(3)Section 154Section 263Section 80HSection 80I

…e same assessee in both the years. The Ld. AR further submitted that the decisions in favour of assessee for one year cannot be changed in subsequent years regarding the same issue. The Ld. AR relied upon the decision in case of CIT(A) Vs. Reita Biscuits Ltd. 309 ITR 154 (P & H). In absence of any change in circumstances revenue is bound by earlier decision (193 ITR 321). The decision of court in case of assessee for one year is binding on department 367 ITR 568(Bombay). The Ld. AR further submitted that the in the case of assessee, revenue is following orders of ITAT in one year and not following the same on som…

ITO, SIRHIND vs. SH. VINOD KUMAR SHARDA, MANDI GOBINDGARH

In the result, the appeal of the Revenue is hereby dismissed

ITA 394/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh04 Jun 2018AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year: 2012-13

For Appellant: Sh. Manjit Singh, Sr. DRFor Respondent: None
Section 144Section 145(3)

…mstances has accepted the books results shown by the assessee which included the assessee as well, hence, he following the principle of consistency laid down by the Hon'ble Punjab & Haryana High Court in the case of CIT Vs. RIETA Biscuits Co. (P) Ltd [2009] 309 ITR 154 (P&H) held that the books results shown by the assessee company for the year under consideration need to be accepted, as well. He therefore, set aside the action of the Assessing officer in rejecting the books of account and directed the Assessing officer to accept the book results shown by the assessee and deleted the additions so made by th…

ITO, W-2, MANDI GOBINDGARH vs. M/S RUBY STRIPS PVT. LTD., MANDI GOBINDGARH

The appeal of the Revenue is hereby dismissed

ITA 1276/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh11 May 2018AY 2012-13

Bench: Shri Sanjay Garg & Ms. Annapurna Guptaassessment Year : 2012-13 The Ito, Vs. M/S Ruby Strips Pvt Ltd., Ward-3, Talwara Road, Mandi Gobindgarh Mandi Gobindgarh Pan No. Aaacr8106M

For Appellant: Shri Manjit Singh, Sr DRFor Respondent: Sh. Ashok Goyal, CA
Section 144Section 145(3)

…umstances has accepted the books results shown by the assessee which included the assessee as well, hence, he following the principle of consistency laid down by the Hon'ble Punjab & Haryana High Court in the case of CIT Vs. RIETA Biscuits Co. (P) Ltd [2009] 309 ITR 154 (P&H) held that the books results shown by the assessee company for the year under consideration need to be accepted, as well. He therefore, set aside the action of the Assessing officer in rejecting the books of account and directed the Assessing officer to accept the book results shown by the assessee and deleted the additions so made by the As…

DCIT, SIRHIND vs. M/S SHAKTI STEEL ROLLING MILLS, MANDI GOBINDGARH

The appeals of the Revenue are hereby dismissed

ITA 478/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh10 Apr 2018AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Smt. Lagan Preet Sandhu, Sr DRFor Respondent: Sh. Ashwani Kumar, CA
Section 144Section 145(3)

…umstances has accepted the books results shown by the assessee which included the assessee as well, hence, he following the principle of consistency laid down by the Hon'ble Punjab & Haryana High Court in the case of CIT Vs. RIETA Biscuits Co. (P) Ltd [2009] 309 ITR 154 (P&H) held that the books results shown by the assessee company for the year under consideration need to be accepted, as well. He therefore, set aside the action of the Assessing officer in rejecting the books of account and directed the Assessing officer to accept the book results shown by the assessee and deleted the additions so made by the As…

DCIT, SIRHIND vs. M/S SAMANA ISPAT PVT. LTD., MANDI GOBINDGARH

The appeals of the Revenue are hereby dismissed

ITA 477/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh10 Apr 2018AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

For Appellant: Smt. Lagan Preet Sandhu, Sr DRFor Respondent: Sh. Ashwani Kumar, CA
Section 144Section 145(3)

…umstances has accepted the books results shown by the assessee which included the assessee as well, hence, he following the principle of consistency laid down by the Hon'ble Punjab & Haryana High Court in the case of CIT Vs. RIETA Biscuits Co. (P) Ltd [2009] 309 ITR 154 (P&H) held that the books results shown by the assessee company for the year under consideration need to be accepted, as well. He therefore, set aside the action of the Assessing officer in rejecting the books of account and directed the Assessing officer to accept the book results shown by the assessee and deleted the additions so made by the As…

SAILENT BUSINESS SOLUTIONS LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, reversing the order of the Ld

ITA 6297/DEL/2013[2008-09]Status: DisposedITAT Delhi19 May 2017AY 2008-09
For Appellant: Shri PC Yadav, AdvocateFor Respondent: Sri N K Bansal
Section 143Section 143(3)

…this principle has been recently appreciated by the Hon'ble Delhi High Court in the case of Grain U.K 359 ITR 268(Del) and Excell Industries 358 ITR 295(SC). In yet another case Hon'ble Punjab and Harayana High Court in the case of Reita. Biscuts reported in 309 ITR 154(P&H) has held that once a_claim is accepted in subsequent year then no disallowance is permissible in impugned year if there is no change in facts. 20. The relevant observation of the Hon'ble High Court in Grain U.K (Supra) is as under:- "The decision of AAR in the present case dated 1st August, 2011, taking a diametrically reverse view has broug…

ABERCROMBIE & KENT INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal is partly allowed

ITA 5742/DEL/2011[2007-08]Status: DisposedITAT Delhi09 Mar 2017AY 2007-08

Bench: Shri I. C. Sudhira N D Shri Prashant Maharishi

For Appellant: Shri P. C. Yadav, AdvFor Respondent: Shri Amrendra Kumar, CIT [DR]

…rendered by the assessee. See TPO order Page NO- 22 of Compilation. 16. It is submitted that now it is settled position of law that if some claim has been accepted in subsequent year then such claim is to be allowed in previous year also. Rieta Industries- 309 ITR 154(P&H). Recently Hon’ble Delhi High Court in the case of Crain U.K- 359 ITR 268(Del) has held that that there has to be consistency uniformity in the approach of revenue while dealing in taxation matters. Relevant observations of the High Court are as under:- “Certainty is integral to rule of law. Certainty and stability form the basis foundation…

ABERCROMBIE & KENT INDIA PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal is partly allowed

ITA 4229/DEL/2010[2006-07]Status: DisposedITAT Delhi09 Mar 2017AY 2006-07

Bench: Shri I. C. Sudhira N D Shri Prashant Maharishi

For Appellant: Shri P. C. Yadav, AdvFor Respondent: Shri Amrendra Kumar, CIT [DR]

…rendered by the assessee. See TPO order Page NO- 22 of Compilation. 16. It is submitted that now it is settled position of law that if some claim has been accepted in subsequent year then such claim is to be allowed in previous year also. Rieta Industries- 309 ITR 154(P&H). Recently Hon’ble Delhi High Court in the case of Crain U.K- 359 ITR 268(Del) has held that that there has to be consistency uniformity in the approach of revenue while dealing in taxation matters. Relevant observations of the High Court are as under:- “Certainty is integral to rule of law. Certainty and stability form the basis foundation…

CIT v. RIETA Biscuits Co. (P) Ltd. (309 ITR 154) — Cited in 10 Judgments | BharatTax