CIT v. SFIL Stock Broking Ltd.

325 ITR 285High Court2010#358 most cited

What is CIT v. SFIL Stock Broking Ltd. authority for?

Reassessment proceedings under Section 147 are invalid and void ab initio if initiated based on 'borrowed satisfaction' without the Assessing Officer's independent application of mind, or merely on documents already available on record without fresh tangible material.

243

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. SFIL Stock Broking Ltd. · SFIL Stock Broking Ltd. · section 147 · section 148 · section 151 · reopening of assessment · borrowed satisfaction · independent application of mind · mere change of opinion · documents already on record · tangible material

Also reported as

149 Taxmann.com 22341 DTR 98

Issues it is cited on

Judgments citing CIT v. SFIL Stock Broking Ltd.

Shree Metal, Delhi vs. ITO, New Delhi

In the result, the appeal is allowed

ITA 1368/DEL/2015[2006-07]Status: DisposedITAT Delhi20 Jun 2016AY 2006-07

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: 2006-07 Shree Metal, Vs. Ito, 5487 Basti Harphool Singh, Ward 39(3), Sadar Thana Road, New Delhi. Delhi. (Pan: Aafdj4351C) (Appellant) (Respondent) Assessee By: Shri Ved Jain & Ashish Goyal, Adv. Department By: Shri Anima Barnwal, Sr. Dr Date Of Hearing : 23 .03.2016 Date Of Pronouncement: 20:06.2016 Order Per I.C. Sudhir:The Assessee Has Questioned First Appellate Order On Several Grounds Mainly Involving Two Issues. Firstly, As To Whether The Learned Cit(Appeals) Was Justified In Rejecting The Contention Of The Assessee That The Initiation Of The Reassessment Proceedings & The Reassessment Order Are Both Bad In Law & Liable To Be Quashed. Secondly, As To Whether The Learned Cit(Appeals) Has Erred In Confirming The Addition Of Rs.3,38,147 On Account Of Bogus Purchases. 2. At The Outset Of Hearing, The Learned Ar Pointed Out That Issues Raised In The Present Appeal Is Fully Covered By The Decision Of Delhi Bench Of The 2

For Appellant: Shri Ved Jain & Ashish Goyal, AdvFor Respondent: Shri Anima Barnwal, Sr. DR
Section 143(3)Section 40A(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “G” NEW DELHI) BEFORE SHRI I.C. SUDHIR AND SHRI O.P. KANT Assessment Year: 2006-07 Shree Metal, vs. ITO, 5487 Basti Harphool Singh, Ward 39(3), Sadar Thana Road, New Delhi. Delhi. (PAN: AAFDJ4351C) (Appellant) (Respondent) Assessee by: Shri Ved Jain & Ashish Goyal, Adv. Department by: Shri Anima Barnwal, Sr. DR Date of hearing : 23 .03.2016 Date of pronouncement: 20:06.2016 ORDER PER I.C. SUDHIR: JUDICIAL MEMBER The assessee has questioned first appellate order on several grounds mainly involving two issues. Firstly, as to whether the Learned CIT(Appeals) was just…