CIT v. Sakuntala Devi Khetan

352 ITR 484High Court2013#5054 most cited

What is CIT v. Sakuntala Devi Khetan authority for?

Income-tax authorities are bound by the sales tax authorities' acceptance of an assessee's sales tax returns and cannot scrutinize them without a difference or variation in closing stock by the competent sales tax authority.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Also referred to as

CIT v. Sakuntala Devi Khetan · sales tax returns · accepted by sales tax authorities · binding on income-tax authorities · scrutiny of return · closing stock adjustment · section 80 · business

Issues it is cited on

ready for usesection 80ictax benefitsection 80ibsection 80isection 139(1)section 80transfercompanytotal incomebusiness

Judgments citing CIT v. Sakuntala Devi Khetan

KAMIVISA PRODUCTS,PONDICHERRY vs. DCIT, PONDICHERRY

In the result, appeals filed by the assessee are allowed

ITA 995/CHNY/2018[2012-13]Status: DisposedITAT Chennai21 Sept 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.881 To 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2011-12 & 2012-13)

Section 139(1)Section 80I

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI "ी वी.दुगा" राव, "या"यक सद"य एवं "ी जी.मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.Nos.881 to 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 to 2011-12 & 2012-13) M/s. Kamivisa Products, Vs Deputy Commissioner of C-7, Industrial Estate, Income Tax, Thattanchavady, Puducherry Circle, Puducherry-605 009. Puducherry. PAN: AAEFK 3686J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. N.Arjunraj, C.A for अपीलाथ"क"ओरसे/ Appella…

M/S KAMIVISA PRODUCTS,PONDICHERRY vs. DCIT , PONDICHERRY

In the result, appeals filed by the assessee are allowed

ITA 884/CHNY/2018[2011-12]Status: DisposedITAT Chennai21 Sept 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.881 To 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2011-12 & 2012-13)

Section 139(1)Section 80I

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI "ी वी.दुगा" राव, "या"यक सद"य एवं "ी जी.मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.Nos.881 to 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 to 2011-12 & 2012-13) M/s. Kamivisa Products, Vs Deputy Commissioner of C-7, Industrial Estate, Income Tax, Thattanchavady, Puducherry Circle, Puducherry-605 009. Puducherry. PAN: AAEFK 3686J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. N.Arjunraj, C.A for अपीलाथ"क"ओरसे/ Appella…

M/S KAMIVISA PRODUCTS,PONDICHERRY vs. DCIT , PONDICHERRY

In the result, appeals filed by the assessee are allowed

ITA 883/CHNY/2018[2010-11]Status: DisposedITAT Chennai21 Sept 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.881 To 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2011-12 & 2012-13)

Section 139(1)Section 80I

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI "ी वी.दुगा" राव, "या"यक सद"य एवं "ी जी.मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.Nos.881 to 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 to 2011-12 & 2012-13) M/s. Kamivisa Products, Vs Deputy Commissioner of C-7, Industrial Estate, Income Tax, Thattanchavady, Puducherry Circle, Puducherry-605 009. Puducherry. PAN: AAEFK 3686J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. N.Arjunraj, C.A for अपीलाथ"क"ओरसे/ Appella…

M/S KAMIVISA PRODUCTS,PONDICHERRY vs. DCIT , PONDICHERRY

In the result, appeals filed by the assessee are allowed

ITA 882/CHNY/2018[2009-10]Status: DisposedITAT Chennai21 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.881 To 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2011-12 & 2012-13)

Section 139(1)Section 80I

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI "ी वी.दुगा" राव, "या"यक सद"य एवं "ी जी.मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.Nos.881 to 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 to 2011-12 & 2012-13) M/s. Kamivisa Products, Vs Deputy Commissioner of C-7, Industrial Estate, Income Tax, Thattanchavady, Puducherry Circle, Puducherry-605 009. Puducherry. PAN: AAEFK 3686J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. N.Arjunraj, C.A for अपीलाथ"क"ओरसे/ Appella…

M/S KAMIVISA PRODUCTS,PONDICHERRY vs. DCIT , PONDICHERRY

In the result, appeals filed by the assessee are allowed

ITA 881/CHNY/2018[2008-09]Status: DisposedITAT Chennai21 Sept 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.Nos.881 To 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 To 2011-12 & 2012-13)

Section 139(1)Section 80I

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘B’ BENCH, CHENNAI "ी वी.दुगा" राव, "या"यक सद"य एवं "ी जी.मंजुनाथ, लेखा सद"य के सम$ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपीलसं./I.T.A.Nos.881 to 884 & 995/Chny/2018 ("नधा"रणवष" / Assessment Years: 2008-09 to 2011-12 & 2012-13) M/s. Kamivisa Products, Vs Deputy Commissioner of C-7, Industrial Estate, Income Tax, Thattanchavady, Puducherry Circle, Puducherry-605 009. Puducherry. PAN: AAEFK 3686J (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr. N.Arjunraj, C.A for अपीलाथ"क"ओरसे/ Appella…

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 49/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 48/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

M/S. VIJAYALAXMICASHEW CO.,,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 47/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.K.RAVINDRANATHAN NAIR,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 46/COCH/2016[2008-09]Status: DisposedITAT Cochin03 Feb 2020AY 2008-09

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 45/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SMT. T.C. USHA,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 44/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 43/COCH/2016[2011-12]Status: DisposedITAT Cochin03 Feb 2020AY 2011-12

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 42/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 41/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R.PRAKASH,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 40/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 39/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 38/COCH/2016[2010-11]Status: DisposedITAT Cochin03 Feb 2020AY 2010-11

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

SRI.R. PRATAP,KOLLAM vs. THE ACIT, KOLLAM

In the result, the appeals of the assessees in ITA Nos

ITA 37/COCH/2016[2009-10]Status: DisposedITAT Cochin03 Feb 2020AY 2009-10

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

…tted that no addition had been made by the sales tax Dept either on the assessee or sister concerns in respect of such sales which were all documented. The Ld. AR relied on the judgment of the Madras High Court in the case of CIT vs. Sakuntala Devi Khetan (352 ITR 484) wherein it was held that Assessing Officer has to adopt the figures and turnover finally assessed by the Sales Tax authorities. The Ld. AR drew our attention to the following Annexures: Annexure I - Bulletin of International Prices Annexure II - Comparison chart showing overall wt. average of sales Vs. Cost Annexure III- wt. average chart Vs.…

THE ACIT CEN CIR-13, MUMBAI vs. SHRI SURESH V. JAIN, MUMBAI

Accordingly, ground raised by the revenue is dismissed

ITA 5091/MUM/2007[2005-2006]Status: DisposedITAT Mumbai10 Dec 2019AY 2005-2006

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 5091/Mum/2007 (निर्धारणवर्ा / Assessment Year: 2005-06)

For Appellant: Shri L. K. S. DehiyaFor Respondent: ShriRajiv Khandelwal
Section 132(1)Section 153A

…ook. 1.8.Sales tax returns have been accepted by sales tax authorities, in Jaipur — thus, the sales in Jaipur ought to be accepted by the income-tax authorities Reliance is placed on the decision of Madras High Court in the case of SmtShakuntala Devi Khetan — 352 ITR 484 (Mad) Further, the claim of the income-tax department that the Appellant has made sales in Mumbai and thereby earned due to the rate difference in sales tax between Jaipur and Mumbai is only hypothetical, without evidence — there are no proceedings taken by the sales tax department of Maharashtra against the Appellant, which is very unlikely - i…

MAHASHAKTI ENGINEERING CO.,GHAZIABAD vs. DCIT, NEW DELHI

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

ITA 1940/DEL/2016[2009-10]Status: DisposedITAT Delhi22 Jul 2019AY 2009-10

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2009-10 Mahashakti Engineering Co., Vs Dcit, C/O Akhilesh Kumar, Advocate, Circle-21(1), Chamber No.206-07, Ansal ‘Satyam’, New Delhi. Rdc Raj Nagar, Ghaziabad. Pan: Aaofm9129J (Appellant) (Respondent) Assessee By : Shri Akhilesh Kumar, Advocate Revenue By : Ms Ashima Neb, Sr. Dr Date Of Hearing : 15.07.2019 Date Of Pronouncement : 22.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20Th March, 2015 Of The Cit(A)-13, New Delhi Relating To Assessment Year 2009-10. 2. The Grounds Of Appeal No.1 & 2 Raised By The Assessee Read As Under:-

For Appellant: Shri Akhilesh Kumar, AdvocateFor Respondent: Ms Ashima Neb, Sr. DR

…the closing stock without making any adjustment to opening stock, any addition on account of under valuation of closing stock was unjustified. Referring to the decision of the Hon'ble Madras High Court in the case of CIT vs. Smt. Sakuntala Devi Khetan (2013) 352 ITR 484 (Mad), he submitted that the Hon'ble High Court in the said decision has held that unless and until the competent authority under Sales Tax Act differs or varies with closing stock of assessee, return accepted by said authority is binding on income-tax authorities and the Assessing Officer, in such a case, has no power to scrutinize return subm…

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CIT v. Sakuntala Devi Khetan (352 ITR 484) — Cited in 23 Judgments | BharatTax