CIT v. S. Goyanka Lime & Chemical Ltd.

64 Taxmann.com 313Supreme Court of India2015#226 most cited

What is CIT v. S. Goyanka Lime & Chemical Ltd. authority for?

A mechanical approval by the prescribed authority under Section 151, made without independent application of mind, vitiates and renders the entire reassessment proceedings invalid. Such approvals, often indicated by brief, unreasoned endorsements, lead to the quashing of the reopening of assessment.

340

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. S. Goyanka Lime & Chemical Ltd. · S. Goyanka Lime & Chemical Ltd. · Section 151 · Section 147 · Section 148 · mechanical approval · non-application of mind · sanctioning authority · approval for reopening · vitiates reopening · reassessment validity · Income Tax Act 1961

Also reported as

237 Taxmann 378453 ITR 242

Issues it is cited on

Judgments citing CIT v. S. Goyanka Lime & Chemical Ltd.

Emm Aar Tourism Pvt Ltd, New Delhi vs. ITO Ward - 8(2), New Delhi

In the result, the appeal of the assessee partly allowed

ITA 5790/DEL/2019[2010-11]Status: DisposedITAT Delhi16 Jun 2023AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri M. Balaganeshassessment Year: 2010-11 Emm Aar Tourism P. Ltd. Ito Ward 8(2), New Delhi 10685, Jhandewalan Road, Nabi Karim, New Delhi 110055 Vs. Pan Aacce 1918 Q (Appellant) (Respondent) For Assessee : Shri Shikar Garg, Ca Shri Manoj Garg, Ca Revenue For : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 19.04.2023 Date Of Pronouncement : 16.06.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Ld. Cit(A)-24 New Delhi Dated 11.04.2019 For Ay 2010-11. 2. The Sole Legal Ground Of Assessee Is As Follows:- 1. That On The Facts & Circumstances Of The Case, The Ld Cit(A) Erred In Confirming The Action Of Ld. Ao For Initiation Of Reassessment Proceedings U/S. 147/148 Of The Income Tax Act. 3. The Ld. Assessee Representative Submitted That For Ay 2010-11 The Assessee Submitted Return Of Income On 25.09.2010 Declaring Loss Of Rs. 46,894/- Which Was Processed U/S. 143(3) Of The Act. Drawing Our Attention Towards Pages 27 To 32 Of Assessee Paper Book The Ld. Ar Submitted That The Assessing Officer Received Information From The Investigation Wing Which Conducted Search & Seizure Operation On 18.11.2015 On Pradeep Kumar Jindal Group. He Further Elaborated That On Receipt Of Information The Assessing Officer Recorded Reasons For Initiated Of Reassessment Proceedings On 29.03.2017 & Obtained Approval Of Acit As Well As Pcit On The Very Same Date. The Ld. Ar Drawing Our Attention Towards Page 28 Of The Approval Note Submitted That The Ld. Acit While Granting Approval Noted “Yes, It Is A Fit Case” & The 1

For Appellant: Shri Shikar Garg, CA
Section 143(3)Section 147Section 148Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2010-11 Emm Aar Tourism P. Ltd. ITO Ward 8(2), New Delhi 10685, Jhandewalan Road, Nabi Karim, New Delhi 110055 vs. PAN AACCE 1918 Q (Appellant) (Respondent) For Assessee : Shri Shikar Garg, CA Shri Manoj Garg, CA Revenue For : Shri Vipul Kashyap, Sr. DR Date of Hearing : 19.04.2023 Date of Pronouncement : 16.06.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of ld. CIT(A)-24 New Delhi dated 11.04.2019 for AY…

Dhanshree Infratech Private Limited, Mumbai vs. Income Tax Officer 12(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1243/MUM/2018[2008-09]Status: DisposedITAT Mumbai05 May 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhdhanshree Infratech Vs. Ito-12(2)(1) Private Limited Aayakar Bhavan, 303, Western Edge 1, 1St Floor, Aaykar Bhavan, W.E. Highway, Borivali M.K. Road, (E), Mumbai – 66 Mumbai - 20 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aagca7306J Appellant .. Respondent Appellant By : Girish Dave Respondent By : Shailja Rai Date Of Hearing 07.02.2023 Date Of Pronouncement 05.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-20, Mumbai Dated 29.12.2017 For A.Y. 2008-09. The Assesse Has Raised The Following Grounds Before Us:

For Appellant: Girish DaveFor Respondent: Shailja Rai
Section 133(6)Section 143(1)Section 147Section 148Section 153Section 68

…P a g e | 1 Dhanshree Infratech Pvt. Ltd. Vs. ITO-12(2)(1) IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Dhanshree Infratech Vs. ITO-12(2)(1) Private Limited Aayakar Bhavan, 303, Western Edge 1, 1st Floor, Aaykar Bhavan, W.E. Highway, Borivali M.K. Road, (E), Mumbai – 66 Mumbai - 20 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAGCA7306J Appellant .. Respondent Appellant by : Girish Dave Respondent by : Shailja Rai Date of Hearing 07.02.2023 Date of Pronouncement 05.05.2023 आदेश / O R D E R Per Amarjit Singh (AM): The present…

Sumangal Techpark (P) Ltd, New Delhi vs. ITO Ward - 24(3), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 3840/DEL/2019[2010-11]Status: DisposedITAT Delhi23 Feb 2023AY 2010-11

Bench: Shri Anil Chaturvedi & Shri C.M. Gargassessment Year: 2010-11 Sumangal Techpark (P) Ltd., Vs. Ito, 117, Hans Bhawan, Ward-24(3), 1 Bsz Marg, New Delhi. New Delhi. Pan: Aalcs4760R (Appellant) (Respondent) Assessee By : Shri S.K. Gupta, Ca Revenue By : Ms Kirti Sankratyayan, Sr. Dr Date Of Hearing : 19.12.2022 Date Of Pronouncement : 23.02.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.02.2019 Of The Cit(A)-8, New Delhi, Relating To Assessment Year 2010-11. 2. First Of All, We Have Heard The Arguments Of Both The Representatives On Legal Ground No.1 Of The Assessee Which Reads As Under:- “3. The Initiation Of The Proceedings U/S 148 & The Consequent Order Us 147 Are Bad In Law As A) The Initiation Of Proceedings U/S 148 Are Contrary To Provisions Of Law B) The Mandatory Procedure Laid Down In The Act Has Not Been Followed. C) The Notice Issued U/S 148 Is Time Barred As Issued After 4 Years From The End Of The Relevant Assessment Year Where The Case Has Already Been Assessed U/S 143(3). D) The Approval Of Addl. Cit & Pcit Is Bad In Law & Mechanical Without Application Of Mind & Has Been Taken Without Bringing To Their Notice Material Facts Of The Case. E) The Information Has Been Collected Behind The Back Of The Assessee & The Assessee Was Never Confronted With The Same Nor An Opportunity Provided For Cross-Examination Of Jain Brothers, Alleged Intermediary & The Relevant Seized Material Relied Upon Has Not Been Provided To The Assessee.”

For Appellant: Shri S.K. Gupta, CAFor Respondent: Ms Kirti Sankratyayan, Sr. DR
Section 143(3)Section 147Section 148Section 151Section 292B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : B : NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER Assessment Year: 2010-11 Sumangal Techpark (P) Ltd., Vs. ITO, 117, Hans Bhawan, Ward-24(3), 1 BSZ Marg, New Delhi. New Delhi. PAN: AALCS4760R (Appellant) (Respondent) Assessee by : Shri S.K. Gupta, CA Revenue by : Ms Kirti Sankratyayan, Sr. DR Date of Hearing : 19.12.2022 Date of Pronouncement : 23.02.2023 ORDER PER C.M. GARG, JM: This appeal filed by the assessee is directed against the order dated 26.02.2019 of the CIT(A)-8, New Delhi, relating to Assessment Year 2…

M/S. Kedar Cotton Industries, Mehsana vs. DCIT, Mehsana Circle, Mehsana

In the result, the appeal filed by the assessee is allowed

ITA 531/AHD/2019[2010-11]Status: DisposedITAT Ahmedabad17 Jun 2022AY 2010-11

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2010-11 M/S. Kedar Cotton Industries, Deputy Commissioner Of Survey No.50/1, Vs Income-Tax, At. Post Budasan, Mehsana Circle, Tal. Kadi, Mehsana Mehsana Pan : Aadfk 2494 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Hem Chhajed, Ca Revenue By : Shri Abhimanyu Singh Yadav, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 07/06/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/06/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Gandhinagar, Ahmedabad (“Cit(A)” In Short) Dated 20.02.2019. 2. The Relevant Facts Of The Case Giving Rise To This Appeal Are That The Assessee Is A Partnership Firm Which Is Engaged In The Business Of Ginning & Pressing Of Cotton. The Return Of Income For The Year Under Consideration Was Filed By It On 23.09.2010 Declaring A Total Income Of Rs.5,14,300/-. The Said Return Was Selected For Scrutiny & In The Assessment Originally Completed Under Section 143(3) Of The Income-Tax Act, 1961 (“The Act” In Short) Vide Order Dated 26.03.2013, Total Income Of The Assessee Was Determined By The Assessing Officer At Rs.3,84,53,522/- After Making An Addition Of Rs.3,79,39,222/-. Against The Said Order Passed By The Assessing Officer Under Section 143(3) Of The Act, An Appeal Was Preferred By The Assessee Before The Learned Cit(A) Who Allowed The Said Kedar Cotton Industries Vs. Dcit Ay : 2010-11 2

For Appellant: Shri Hem Chhajed, CAFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 143(3)Section 148Section 68

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद "यायपीठ आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण अहमदाबाद "यायपीठ अहमदाबाद "यायपीठ ‘बी’ अहमदाबाद। अहमदाबाद "यायपीठ अहमदाबाद। अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD ] ] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT AND MS. MADHUMITA ROY, JUDICIAL MEMBER Assessment Year : 2010-11 M/s. Kedar Cotton Industries, Deputy Commissioner of Survey No.50/1, Vs Income-tax, At. Post Budasan, Mehsana Circle, Tal. Kadi, Mehsana Mehsana PAN : AADFK 2494 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Hem Chhajed, CA Revenue by : Shri Abh…

The Amravati People Co-Op Bank Ltd ( Now Merged in the Cosmos Co-Op Bank Ltd), Amaravati vs. D.C.I.T. Amravati Circle, Amaravati

ITA 309/NAG/2015[2008-09]Status: DisposedITAT Nagpur09 May 2022AY 2008-09

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकरअपीलसं. / Ita No. 309/Nag/2015 "नधा"रणवष" / Assessment Year : 2008-09 The Amravati Peoples Co-Op. Bank Limited (Now Merged In The Cosmos Co-Op. Bank Ltd.) C/O. Cosmos Co-Op Bank Ltd. Jawahar Road, Amravati-444601. Pan : Aaact5899B .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Amravati Circle, Amravati. ……""यथ" / Respondent Assessee By : Shri S.G. Gandhi, Ar Revenue By : Smt. Agnes P. Thomas, Dr सुनवाईक"तार"ख / Date Of Hearing : 18.02.2022 घोषणाक"तार"ख / Date Of Pronouncement : 09.05.2022

For Appellant: Shri S.G. Gandhi, ARFor Respondent: Smt. Agnes P. Thomas, DR
Section 143(3)Section 151

…आयकर अपील"य अ"धकरण "यायपीठ, नागपुर म"। IN THE INCOME TAX APPELLATE TRIBUNAL BENCH, NAGPUR (Through Virtual Hearing at Raipur) BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI JAMLAPPA D BATTULL, ACCOUNTANT MEMBER आयकरअपीलसं. / ITA No. 309/NAG/2015 "नधा"रणवष" / Assessment Year : 2008-09 The Amravati Peoples Co-op. Bank Limited (Now merged in the Cosmos Co-op. Bank Ltd.) C/o. Cosmos Co-op Bank Ltd. Jawahar Road, Amravati-444601. PAN : AAACT5899B .......अपीलाथ" / Appellant बनाम / V/s. The Deputy Commissioner of Income Tax, Amravati Circle, Amravati. ……""यथ" / Respondent Assessee by : Shri S.G. Gandhi, AR Revenue by…

Alankar Commodeal (P) Ltd., Kolkata vs. ITO, Ward - 4(3), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1257/KOL/2018[2009-10]Status: DisposedITAT Kolkata01 Feb 2022AY 2009-10

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.1257/Kol/2018 Assessment Year: 2009-10 Alankar Commodeal (P) Ltd..........................................…………………….……Appellant C/O Ca Bal Kishan Kedia, Bansal Complex, 1St Floor, Ram Nivas Talkies Chowk, Raigarh, Chhattisgarh-496001. [Pan: Aahca1771G] Vs. Ito, Ward-4(3), Kolkata…………….…..…...............……........……...…..…..Respondent Appearances By: Shri Sunil Kr. Agarwal, Advocate, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2021 Date Of Pronouncing The Order : February 01, 2022 Hearing Through Video Conferencing Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 04.04.2018 Of The Commissioner Of Income Tax (Appeals)-2, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act(Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Passing Order Ex-Parte. 2. That Under The Facts & In The Circumstances Of The Case, The Notice Issued U/S 148 Of The Income Tax Act, 1961 Is Bad In Law & Hence The Consequential Reassessment Order Is Also Illegal & Needs To Be Annulled. 3. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Of A Sum Of Rs.2,50,50,000/- For The Share Capital Raised By The Assessee, Holding The Same To Be Unexplained Cash-Credit In Terms Of Sec.68 Of The Income Tax Act, 1961. The Addition Is Unjustified & Need To Be Deleted. 4. That The Appellant Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 147Section 148Section 151(2)Section 250Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” (Virtual Court Hearing) BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member I.T.A. No.1257/Kol/2018 Assessment Year: 2009-10 Alankar Commodeal (P) Ltd..........................................…………………….……Appellant C/o CA Bal Kishan Kedia, Bansal Complex, 1st Floor, Ram Nivas Talkies Chowk, Raigarh, Chhattisgarh-496001. [PAN: AAHCA1771G] vs. ITO, Ward-4(3), Kolkata…………….…..…...............……........……...…..…..Respondent Appearances by: Shri Sunil Kr. Agarwal, Advocate, appeared on behalf of the appellant. Smt. Ranu Biswas, Addl. C…