CIT v. Sardari Lal & Co.

251 ITR 864High Court2001#364 most cited

What is CIT v. Sardari Lal & Co. authority for?

An appellate authority cannot introduce a new source of income that was not considered by the Assessing Officer; taxability of new sources should be addressed through reassessment provisions like Section 147/148 or revision under Section 263.

240

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Sardari Lal & Co. · Section 251 · Section 147 · Section 148 · Section 263 · new source of income · appellate authority · Assessing Officer · jurisdiction

Also reported as

120 Taxmann 595

Sections most often in play

Section 143(3)Section 153ASection 147Section 263Section 148Section 251(1)(a)Section 251Section 132

Issues it is cited on

section 31(3)place of effective managementsection 6(3)section 127(1)legal expensesddtsection 31section 251(1)section 251(1)(a)preponderance of probabilityprincipal officershell company

Judgments citing CIT v. Sardari Lal & Co.

Sharp Business Systems (India) Pvt. Ltd., New Delhi vs. DCIT, New Delhi

ITA 717/DEL/2016[2011-12]Status: DisposedITAT Delhi11 Mar 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2011-12 Vs. Sh. Vinay Sharma, Dcit, Central Circle-18, B-373, Swarnajyanti Puram, New Delhi Ghaziabad Pan: Bdqps4406L (Appellant) (Respondent) With C.O. No.60/Del/2019 [Arising Out Of Ita No.712/Del/2019] Assessment Year: 2011-12 Vs. Dcit, Sh. Vinay Sharma, B-373, Swarnajyanti Puram, Central Circle-18, Ghaziabad New Delhi Pan: Bdqps4406L (Appellant) (Respondent) With Ita Nos.716 & 717/Del/2019 Assessment Years: 2011-12 & 2012-13 Vs. Sh. Dheer Chand Sharma, Dcit, Central Circle-18, B-373, Swarnajyanti Puram, New Delhi Ghaziabad Pan: Bdlps0502C (Appellant) (Respondent) With C.O. Nos.64 & 65/Del/2019 [Arising Out Of Ita Nos.716 & 717/Del/2019] Assessment Years: 2011-12 & 2012-13 Vs. Dcit, Sh. Dheer Chand Sharma B-373, Swarnajyanti Puram, Central Circle-18, Ghaziabad New Delhi Pan: Bdlps0502C (Appellant) (Respondent)

Section 144Section 153ASection 37(1)

…above percentage of 2.5% representing the profit element therein, amounts to an enhancement under section 251(1)(a) of the Act which is not sustainable in law going by CIT Vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC); CIT Vs. Sardari Lal & Co. (2001) 251 ITR 864 (Del.) and CIT Vs. Union Tyres (1999) 240 ITR 556 (Del.). He therefore vehemently presses the assessee’s cross objections that in case we do not agree to the foregoing legal argument, the impugned entries commission could not be allowed to exceed 0.15% to 0.5% margin only in such circumstances. 6 | P a g e ITA Nos.712, 716, 717, 721, 722, 726 &…

Chetna Sundaram, Janak Puri Delhi vs. DCIT, Circle 70(1), Delhi

ITA 2512/DEL/2024[2012-13]Status: DisposedITAT Delhi10 Mar 2025AY 2012-13

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…n the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. (Para 18 (49)) 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

Devender Kumar, Rohtak vs. ITO, Ward 1, Rohtak

ITA 2509/DEL/2024[2012-13]Status: HeardITAT Delhi06 Mar 2025AY 2012-13

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…n the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. (Para 18 (49)) 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

ACIT, New Delhi vs. M/S. New World Buildcon Pvt. Ltd., New Delhi

In the result, the appeal of the assessee is allowed

ITA 4011/DEL/2011[2007-08]Status: DisposedITAT Delhi28 Feb 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri M. Balaganeshshri Hargovind Jain, Vs. Ito, Ix/ 3435, Street No. 3, Ward-57, Dharampura, Gandhi D Block, New Delhi Nagar, Delhi-110031 (Now Asst Order By Ito, Ward-35(2), New Delhi (Appellant) (Respondent) Pan: Adjpj5609E Assessee By : Shri Pranav Yadav, Adv Revenue By: Shri Om Prakash, Sr. Dr Date Of Hearing 30/06/2025 Date Of Pronouncement 16/07/2025

For Appellant: Shri Pranav Yadav, AdvFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)Section 251Section 36(1)(iii)

…CIT(A) does not have power to make any disallowance or addition on account of new source of income. This issue is no longer res integra in view of the decision of the of Hon‟ble Jurisdictional High Court in the case of CIT Vs. Sardari lal and co. reported in 251 ITR 864 (Del) wherein it was held as under:- “4. Looking from the aforesaid angles, the inevitable conclusion is that whenever the question of taxability of income from a new source of income is concerned, which had not been considered by the assessing officer, the jurisdiction to deal with the same in appropriate cases may be dealt with under section 1…

ACIT, New Delhi vs. Smt. Shashi Mehta, New Delhi

ITA 271/DEL/2015[2011-12]Status: DisposedITAT Delhi19 Feb 2025AY 2011-12

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…n the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. (Para 18 (49)) 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

Mrs. Neeta Gupta, New Delhi vs. ACIT, New Delhi

Appeals are allowed in above terms

ITA 6416/DEL/2016[2009-10]Status: DisposedITAT Delhi22 Jan 2025AY 2009-10

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

For Appellant: NoneFor Respondent: Sh. Dhiraj Kumar Jain, Sr. DR
Section 1Section 148Section 251(1)

…refore. Ordered accordingly. 8. Coming to the learned CIT(A)’s action enhancing the assessee’s capital gains from long term to short term only (supra), we hereby quote CIT vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC), CIT vs. Sardari Lal & Co. (2001) 251 ITR 864(Del.) and CIT vs. Union Tyres (1999) 240 ITR 556(Del) to conclude that he could not add a new head of income or disallowance; as the case may be, while exercising ITA Nos. 2186 & 6416/Del/2016 Neeta Gupta enhancement jurisdiction u/s 251 of the Act. We accordingly reverse the learned CIT(A)’s action to this effect. The assessee succeeds in her in…

Mrs. Neeta Gupta, New Delhi vs. ITO, New Delhi

Appeals are allowed in above terms

ITA 2186/DEL/2016[2006-07]Status: DisposedITAT Delhi22 Jan 2025AY 2006-07

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

For Appellant: NoneFor Respondent: Sh. Dhiraj Kumar Jain, Sr. DR
Section 1Section 148Section 251(1)

…refore. Ordered accordingly. 8. Coming to the learned CIT(A)’s action enhancing the assessee’s capital gains from long term to short term only (supra), we hereby quote CIT vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC), CIT vs. Sardari Lal & Co. (2001) 251 ITR 864(Del.) and CIT vs. Union Tyres (1999) 240 ITR 556(Del) to conclude that he could not add a new head of income or disallowance; as the case may be, while exercising ITA Nos. 2186 & 6416/Del/2016 Neeta Gupta enhancement jurisdiction u/s 251 of the Act. We accordingly reverse the learned CIT(A)’s action to this effect. The assessee succeeds in her in…

Mrs. Neeta Gupta, New Delhi vs. CIT (Appeals)-Xxvi, New Delhi

Appeals are allowed in above terms

ITA 5461/DEL/2014[2009-10]Status: DisposedITAT Delhi22 Jan 2025AY 2009-10

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman

For Appellant: NoneFor Respondent: Sh. Dhiraj Kumar Jain, Sr. DR
Section 1Section 148Section 251(1)

…refore. Ordered accordingly. 8. Coming to the learned CIT(A)’s action enhancing the assessee’s capital gains from long term to short term only (supra), we hereby quote CIT vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC), CIT vs. Sardari Lal & Co. (2001) 251 ITR 864(Del.) and CIT vs. Union Tyres (1999) 240 ITR 556(Del) to conclude that he could not add a new head of income or disallowance; as the case may be, while exercising ITA Nos. 2186 & 6416/Del/2016 Neeta Gupta enhancement jurisdiction u/s 251 of the Act. We accordingly reverse the learned CIT(A)’s action to this effect. The assessee succeeds in her in…

Paramasivam Mahalingam, Ghaziabad vs. ACIT, Central Circle-6, New Delhi

ITA 281/DEL/2020[2014-15]Status: DisposedITAT Delhi17 Jan 2025AY 2014-15

Bench: Ms. Madhumita Roy & Shri Naveen Chandraa.Y. 2015-16 A.Y. 2016-17 A.Y. 2017-18 A.Y. 2018-19 A.Y. 2019-20

…n the assessment a new source of income and the assessment must be confined to those items of income which were the subject-matter of the original assessment. (Para 18 (49)) 50. In course of time, Union Tyres was doubted. In CIT v. Sardari Lal and Co. [2001] 251 ITR 864 (Delhi) [FB], the same issue whether the appellate authority has the power under section 251 to discover a new source of income was referred to a Full Bench. After examining the authorities holding the fielding on that issue, the learned Full Bench has held that the inevitable conclusion is that whenever the question of taxability of income from…

Neeraj Bhardwaj, New Delhi vs. ITO Ward - 39(1), New Delhi

Appeal is partly allowed in above terms

ITA 1086/DEL/2020[2014-15]Status: DisposedITAT Delhi13 Dec 2024AY 2014-15

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 1086/Del/2020 : Asstt. Year : 2014-15 Neeraj Bhardwaj, Vs Income Tax Officer, H.No. 314, Main Chowk, Near Pnb, Ward-39(1), Burari, Delhi-110084 New Delhi-110002 (Appellant) (Respondent) Pan No. Apdpb0280P Assessee By : Sh. Tushal Gupta, Adv. Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 05.12.2024 Date Of Pronouncement: 13.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2014-15, Arises Against The Cit(A)-13, Delhi’S Din & Order No. Itba/Apl/S/250/2019-20/1024600279(1) Dated 03.02.2020 In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Tushal Gupta, AdvFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR
Section 143(3)Section 149Section 150(1)Section 150(2)Section 250Section 251(1)Section 54

…or the purpose of re-computing section 54 deduction already accepted in the preceding A.Y. 2013-14, could not be reopened since amounting to a new head of income as per CIT vs. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC), CIT vs. Sardari Lal & Co. (2001) 251 ITR 864 (Delhi HC) and CIT Vs. Union Tyres (1999) 240 ITR 556 (Del.). 9. Mr. Yadav lastly reiterates the Revenue stand that even the learned Assessing Officer had fairly made the assessee’s impugned addition of Rs.75,00,000/- u/s 54(i) of the Act once the his capital gains were already more than the re-investment of Rs.1,00,00,000/- (supra) forming subj…

Bimla, Delhi vs. ITO Ward-38(5), New Delhi

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

ITA 7973/DEL/2019[2014-15]Status: DisposedITAT Delhi26 Nov 2024AY 2014-15

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekbimla, Vs. Ito, Ward 38 (5), H.No.143, Village Hamidpur, New Delhi. Delhi – 110 036. (Pan : Bpdpb9344B) (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate Shri Ankit Kumar, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.09.2024 Date Of Order : 26.11.2024 Order Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-13, New Delhi (Hereinafter Referred To ‘Ld. Cit (A)’) Dated 23.07.2019 For Assessment Year 2014-15. 2. Brief Facts Of The Case Are, Assessee Filed Return Of Income Declaring Total Income Of Rs.2,23,030/- On 14.08.2014. The Return Of Income Was Processed Under Section 143 (1) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Case Was Selected For Scrutiny Through Cass & Notices

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 131Section 143Section 143(2)Section 69

…he assessee are allowed accordingly.” 12. He relied on the following case law :- (i) Hari Mohan Sharma vs. ACIT 179 ITD 310; (ii) CIT vs. Rai Bahadur Hardutroy Motilal Chamaria 66 ITR 443; (iii) CIT vs. Union Tyres 240 ITR 556; (iv) CIT vs. Sardari Lal & Co. 251 ITR 864; (v) CIT vs. B.P. Sherafudin 399 ITR 524 (Ker); (vi) Nababharat Shiksha Parishad vs. DCIT in ITA No.163/CTK/2015 dated 11 October 2017; (vii) Naresh Sunderlal Chug vs. ITO 171 ITD 116; (viii) Tulsi Tracom (P) Ltd. vs. CIT6 86 taxmann.com 35; (ix) Cairn India Ltd. vs. DIT (IT) 87 taxmann.com 310 (Madras); (x) J.T. (India) Exports and Anr. Vs. UOI…

A & A Capital Services Private Limited, New Delhi vs. ITO, Ward-1(1), Delhi

Appeal is partly allowed in above terms

ITA 1885/DEL/2024[2017-18]Status: DisposedITAT Delhi20 Nov 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh[Assessment Year: 2017-18

Section 143(3)Section 250Section 251(1)(a)Section 69Section 69ASection 69C

…enhancement of Rs. 90.52 crores and find no reason to sustain the same. We are of the considered view, in light of CIT v. Shapoorji Pallonji Mistry (1962) 44 ITR 891 (SC); CIT v. Union of India (1999) 240 ITR 556 (Del.); and CIT v. Sardari Lal & Co. (2001) 251 ITR 864 (Delhi) (FB), that although the learned lower appellate authority is indeed vested with enhancement jurisdiction, the same has been held as not extendable to adding a new head of income itself. It is observed, at the cost of repetition, that once the assessment framed in assessee’s case had disallowed/ added only it’s interest expenditure, the…

Krushi Sadhna Vividh Karyakari Sahakari Vikas Seva Sanstha Maryadit, Kurundwad Shirol, Kolhapur vs. Income Tax Officer, Ichalkaranji

In the result the ground number 1 raised by the Assessee is allowed

ITA 1299/PUN/2024[AY 2015-16]Status: DisposedITAT Pune04 Nov 2024

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Section 148Section 250Section 69ASection 80A(5)Section 80P

…for deduction u/s 80P in respect thereof, not realizing that the powers of the First Appellate Authorities do not extend to making addition in respect of an altogether a new source of income as held by Delhi High Court in the case of CIT vs Sardari Lai & Co., 251 ITR 864 (Delhi). 2. The appellant craves leave to add to, amend, alter, delete or modify all or any of the above ground of appeal or raise a new ground of appeal before or at the time of hearing.” Additional Grounds of appeal : “1. On the facts and in the circumstances of the case and in law, Ld. CIT(A) has erred in making a disallowance of the claim of…

Children Welfare Trust, Faridabad vs. ITO (Exemptions), Faridabad

ITA 1369/DEL/2020[2015-16]Status: DisposedITAT Delhi29 Oct 2024AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Uschildren Welfare Trust Vs. Ito (Exemptions) 3-E, Park, Nit, Faridabad Faridabad Haryana-121001 Haryana Pan No.Aabtc6957B (Appellant) (Respondent) Vs. Ito (Exemptions) Children Welfare Society 3-E, Park, Nit, Faridabad Circle-2, Haryana-121001 Chandigarh Pan No.Aaaac0131F (Appellant) (Respondent) Assessee By Shri Pavan Ved, Adv. Shri Mohit Gupta, Ca & Shri Mirza Baig, Ca Revenue By Shri Narpat Singh, Sr. Dr Date Of Hearing: 08.10.2024 Date Of Pronouncement: 29.10.2024

Section 11Section 143(3)Section 250(6)Section 251(1)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B” DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER Children Welfare Trust Vs. ITO (Exemptions) 3-E, Park, NIT, Faridabad Faridabad Haryana-121001 Haryana PAN No.AABTC6957B (APPELLANT) (RESPONDENT) Vs. ITO (Exemptions) Children Welfare Society 3-E, Park, NIT, Faridabad Circle-2, Haryana-121001 Chandigarh PAN No.AAAAC0131F (APPELLANT) (RESPONDENT) Assessee by Shri Pavan Ved, Adv. Shri Mohit Gupta, CA & Shri Mirza Baig, CA Revenue by Shri Narpat Singh, Sr. DR Date of hearing: 08.10.2024 Date of Pronouncement: 29.10.…

Children Welfare Society, Faridabad vs. DCIT(Exemption) Circle-2, Chandigarh

ITA 1368/DEL/2020[2015-16]Status: DisposedITAT Delhi29 Oct 2024AY 2015-16

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Uschildren Welfare Trust Vs. Ito (Exemptions) 3-E, Park, Nit, Faridabad Faridabad Haryana-121001 Haryana Pan No.Aabtc6957B (Appellant) (Respondent) Vs. Ito (Exemptions) Children Welfare Society 3-E, Park, Nit, Faridabad Circle-2, Haryana-121001 Chandigarh Pan No.Aaaac0131F (Appellant) (Respondent) Assessee By Shri Pavan Ved, Adv. Shri Mohit Gupta, Ca & Shri Mirza Baig, Ca Revenue By Shri Narpat Singh, Sr. Dr Date Of Hearing: 08.10.2024 Date Of Pronouncement: 29.10.2024

Section 11Section 143(3)Section 250(6)Section 251(1)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B” DELHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER Children Welfare Trust Vs. ITO (Exemptions) 3-E, Park, NIT, Faridabad Faridabad Haryana-121001 Haryana PAN No.AABTC6957B (APPELLANT) (RESPONDENT) Vs. ITO (Exemptions) Children Welfare Society 3-E, Park, NIT, Faridabad Circle-2, Haryana-121001 Chandigarh PAN No.AAAAC0131F (APPELLANT) (RESPONDENT) Assessee by Shri Pavan Ved, Adv. Shri Mohit Gupta, CA & Shri Mirza Baig, CA Revenue by Shri Narpat Singh, Sr. DR Date of hearing: 08.10.2024 Date of Pronouncement: 29.10.…

New Life Fellowship Trust, Gurgaon vs. ITO (E), Faridabad

In the result, appeal of the assessee is allowed

ITA 5295/DEL/2019[2015-16]Status: DisposedITAT Delhi15 Oct 2024AY 2015-16

Bench: Pradip Kumar Kedia & Shri Vimal Kumarnew Life Fellowship Trust Vs. Ito(Exemption) S-358, Gf Uppal’S South End Faridabad Sohna Road Gurugram – 122018 Pan No. Aaatn 9270 B (Appellant) (Respondent) Assessee By Shri Alok Kumar Gupta, Adv. Revenue By Shri Pramod Kumar, Sr. D.R. Date Of Hearing: 15.10.2024 Date Of Pronouncement: 15.10.2024 Order Per Pradip Kumar Kedia, Am : The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The First Appellate Order Passed By The Commissioner Of Income Tax (Appeals)- Faridabad (‘Cit(A)’ In Short) Dated 31.03.2019 Arising From The Assessment Order Dated 19.06.2017 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Concerning A.Y. 2015-16 In Question.

Section 11Section 12ASection 13(3)Section 143(2)Section 143(3)Section 251(1)(a)

…lable to the Assessing Officer whose order is under New Life Fellowship Trust vs. ITO A.Y. 2015-16 challenge. As held by the Hon’ble Delhi High Court in CIT vs. Union Tyres’ 240 ITR 556 (Del.) and affirmed by larger bench in CIT vs. Sardari Lal and Co. (2001) 251 ITR 864 (Del.), it is not open to CIT(A) to introduce in assessment, a new source of income and assessment has to be confined to those items of income which were subject matter of original assessment. 8. We thus see potency in the plea raised on behalf of the assessee for setting aside the enhancement of assessed income carried out by the CIT(A). The or…

Suwalka and Suwalka Properties and Builders Pvt Ltd, Kota, Rajasthan vs. ACIT, Central Cirlce, Kota, Rajasthan

ITA 302/JPR/2024[2017-18]Status: DisposedITAT Jaipur03 Oct 2024AY 2017-18

Bench: Him Challenging The 2 Suwalka & Suwalka Properties & Builders Pvt. Ltd. Vs. Acit Assessment Order Dated 22.12.2019 Passed U/S.143(3)Of The Income Tax

For Appellant: Sh. Vijay Goyal, CAFor Respondent: Sh. Anup Singh, Addl. CIT
Section 115BSection 129Section 142Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 68Section 69A

…e's taxable income. We find no merit in the Revenue's instant arguments in light of CIT v. Shapoorji Pallonji Mistry [1962] 44 ITR 891 (SC), CIT v. Union Tyers [1999] 107 Taxman 447/240 ITR 556 (Delhi) and CIT v. Sardari Lal & Co. [2002] 120 Taxman 595/[2001] 251 ITR 864 (Delhi) that the CIT(A)'s jurisdiction does not extend to introducing an altogether new source of income as it has been done in the facts of the instant case. Faced with this situation, we accept the assessee's vehement arguments challenging business profits addition of Rs.65,58,156/-" On observing the decision it is noted that the ITAT held tha…

JCIT (OSD) Circle-2, Trichy vs. The Karur Vysya Bank Ltd., Karur

In the result, appeal filed by the Revenue for assessment year

ITA 635/CHNY/2020[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 620/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 Deputy Commissioner Of Income M/S. Karur Vysya Bank, V. Tax, Finance &Control Dept., Circle -2(1), Erode Road, Trichy. Karur – 639 002. [Pan: Aaact-3373-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.: 635/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 M/S. Karur Vysya Bank, The Joint Commissioner Of V. Finance &Control Dept., Income Tax, Erode Road, Circle -2, Karur – 639 002. No.44, Williams Road, [Pan: Aaact-3373-J] Contanment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By : Shri. Ananthan, Ca & Smt. R. Lalitha, Ca Department By : Shri. Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 05.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.09.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. Ananthan, CA & Smt. R. Lalitha, CAFor Respondent: Shri. Nilay Baran Som, CIT
Section 145Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

…ld fall outside the ambit of provisions of section 251 of the Act in regard to enhancement of income. The Ld. Counsel for the assessee, in written submissions, relied on the case law of Hon’ble Delhi High Court in the case of CIT vs. Sardari Lal & Co., [2001] 251 ITR 864 (Delhi) and argued that the Hon’ble Delhi High Court has categorically held that whatever the question of taxability of income from a new sources of income is concerned, which had not been considered by the AO in the assessment order, jurisdiction to deal with the same in appropriate cases may be dealt with u/s.147 or u/s.263 of the Act as the la…

M/S. Karur Vysya Bank, Karur vs. DCIT, Circle - 2 (1), Trichy

ITA 620/CHNY/2020[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. R. Raghunatha, Hon'Bleआयकर अपील सं./Ita No.: 620/Chny/2020 निर्धारण वर्ष / Assessment Year: 2017-18 M/S. Karur Vysya Bank, Deputy Commissioner Of Income Finance &Control Dept., V. Tax, Erode Road, Circle -2(1), Karur - 639 002. Trichy. [Pan: Aaact-3373-J] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.: 635/Chny/2020 निर्धारण वर्ष / Assessment Year: 2017-18 The Joint Commissioner Of Income Tax, Circle -2, No.44, Williams Road, Contanment, Trichy - 620 001. V. M/S. Karur Vysya Bank, Finance &Control Dept., Erode Road, Karur - 639 002. [Pan: Aaact-3373-J] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) Assessee By : Shri. Ananthan, Ca & Smt. R. Lalitha, Ca Department By : Shri. Nilay Baran Som, Cit सुनवाई की तारीख/Date Of Hearing : 05.08.2024 घोषणा की तारीख/Date Of Pronouncement : 20.09.2024 आदेश / Order Per S. R. Raghunatha: These Two Cross Appeals Filed By The Assessee & Revenue Are Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Trichy, Dated 16.03.2020 & Pertains To

For Appellant: Shri. Ananthan, CA & Smt. R. Lalitha, CAFor Respondent: Shri. Nilay Baran Som, CIT
Section 145Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

…ld fall outside the ambit of provisions of section 251 of the Act in regard to enhancement of income. The Ld. Counsel for the assessee, in written submissions, relied on the case law of Hon'ble Delhi High Court in the case of CIT vs. Sardari Lal & Co., [2001] 251 ITR 864 (Delhi) and argued that the Hon'ble Delhi High Court has categorically held that whatever the question of taxability of income from a new sources of income is concerned, which had not been considered by the AO in the assessment order, jurisdiction to deal with the same in appropriate cases may be dealt with u/s.147 or u/s.263 of the Act as the la…

Parry Infrastructure Co P Ltd., Chennai vs. DCIT Corporate Circle 5(1), Chennai

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

ITA 1653/CHNY/2019[2013-14]Status: DisposedITAT Chennai03 Jul 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri Philip George, AdvocateFor Respondent: Shri Nilay Baran Som, CIT-DR
Section 143(2)Section 143(3)Section 14A

…nsel also relied on the decision of Hon’ble Supreme Court in the case of CIT vs. Raj Bahadur Hardutroy Motilala Chamaria reported in [1967] 66 ITR 443 (SC) and decision of Hon’ble Delhi High Court in the case of CIT vs. Sardari Lal and Co., reported in [2001] 251 ITR 864 (Del). The ld. Counsel argued that in view of the above, the CIT(A) has erred in enhancing the assessment on the above three issues because these issues are not arising out of the assessment order or not connected with earning of income because of land retained by the respective owners i.e., TII & EID. He argued that one subject matter of assessm…