CIT v. Shree Manjunathesware Packing Products

231 ITR 53Supreme Court of India1998#602 most cited

What is CIT v. Shree Manjunathesware Packing Products authority for?

The term 'record' under Section 263(1) of the Income Tax Act includes all material available to the Commissioner at the time of his examination, not merely the records that were available to the Assessing Officer when the original assessment order was passed.

163

judgments rely on this decision, according to BharatTax’s citation analysis of 366,416 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Shree Manjunathesware Packing Products · Section 263 · meaning of record · revisional power · material available to Commissioner · erroneous and prejudicial · inadequate enquiry · 231 ITR 53 · scope of 263(1) · examination by CIT

Sections most often in play

Section 263Section 143(3)Section 147Section 148Section 151Section 10(37)Section 142(1)Section 145A(b)

Issues it is cited on

inadequate enquirylack of enquirydoctrine of mergersection 263(1)malabar industrialrevision u/s 263non application of minderroneous and prejudicialmercantile system of accountingsection 263section 26income-tax officer

Judgments citing CIT v. Shree Manjunathesware Packing Products

Techno Tracom Pvt. Ltd., Kolkata vs. ACIT, Cir.1(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 205/KOL/2021[2009-10]Status: DisposedITAT Kolkata18 Apr 2022AY 2009-10

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am]

Section 153ASection 263

…Pr. CIT while exercising his powers u/s. 263 of the Act, which unfortunately, the Ld. Pr. CIT has ignored which is against the settled principle of law by the Hon’ble Supreme Court in the case of CIT Vs. Shreeman Junathesware Packing Products & Camphor Works 231 ITR 53 (SC) as well as the decision of the Hon’ble Gujarat High court in CIT Vs. Arunben Sumankumar order dated 03.07.2002 reported in 10 Techno Tracom Pvt. Ltd., AY: 2009-10 259 ITR 386 (Guj.). The Ld. Counsel brought to our notice the decision of Hon’ble jurisdictional High Court in the case of CIT Vs. S. M. Oil Extraction Pvt. Ltd. (1991) 190 ITR 404…

Kamal Kumar Agarwalla, Bhubaneswar vs. Principal CIT-1, Bhubaneswar

In the result, the appeal of the assessee is allowed

ITA 58/CTK/2021[2016-17]Status: DisposedITAT Cuttack04 Apr 2022AY 2016-17

Bench: Shri Chandra Mohan Garg, Jm & Shri Arun Khodpia, Am आयकर अपीऱ सं./Ita No.58/Ctk/2021 (नििाारण वषा / Assessment Year :2016-2017) Vs Pr.Cit, Bhubaneswar Kamal Kumar Agarwalla, 87, Kharavela Nagar, Unit-Iii, Bhubaneswar-751001 Pan No. : Aaopa 1367 L (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri S.K.Agarwalla/B.L.Agarwal, Ars राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 28/03/2022 घोषणा की तारीख/Date Of Pronouncement : 04/04/2022 आदेश / O R D E R Per Arun Khodpia, Am: This Appeal By The Assessee Made Against The Order Dated 20.03.2021, Passed By The Pr.Cit, Bhubaneswar For The Assessment Year 2016-2017, On The Following Grounds :- 1. That, The Order Passed U/S 263 By The Ld. Pr. Commissioner Of Income Tax-I, Bhubaneswar For Doing Of De Novo Assessment Is Not Sustainable In View Of The Fact That, The Assessment Order Passed U/S 143(3) Of The Act Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. That, Ld. Pr. Commissioner Of Income Tax-I, Bhubaneswar Is Wrong In Directing The Ld. Assessing Officer To Make The De Novo Assessment In View Of The Fact That The Issued With Regard To The Capital Gain Was Examined By The Ld. Assessing Officer During The Course Of Assessment Proceedings By Issuing Of Notice U/S 142(1) Dated 15.12.2018 & Therefore The Revisional Order Passed U/S 263 Is Illegal & Liable To Be Quashed. 3. That, The Ld. Pr. Commissioner Of Income Tax-I, Bhubaneswar Is Not Justified In Setting Aside The Assessment Order Passed U/S 143(3) For The Purpose Of Verification Of Introduction Of Capital Which Had Been Verified By The Ld. Assessing Officer By Issuing

For Appellant: Shri S.K.Agarwalla/B.L.Agarwal, ARsFor Respondent: Shri M.K.Gautam, CIT-DR
Section 142(1)Section 143(3)Section 263Section 263(1)

…IT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT vs. Shree Manjunathesware Packing Products, (1998) 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous." 15. We observe that, the judgment ITA 226/CTK/2019 on which Ld CITDR has relied was a case of limited scrutiny, has different facts and circumstances than the present case…

Britannia Industries Ltd, Bangalore vs. PCIT-1, Kolkata

In the result, the appeal of the assessee is allowed

ITA 150/KOL/2021[2016-17]Status: DisposedITAT Kolkata28 Mar 2022AY 2016-17
Section 143(2)Section 143(3)Section 263Section 35

…cludes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT v. Shree Manjunathesware Packing & Products Camphor Works [1998] 231 ITR 53 / 98 Taxman 1 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. 19. In the present case, the findings recorded by the Tribunal are correct as the CIT has not gone into and has not given any reason for observing that the or…

Rajesh Nagaraja Rao Jagdale, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result appeal filed by the assessee stands dismissed

ITA 208/BANG/2021[2016-17]Status: DisposedITAT Bangalore31 Jan 2022AY 2016-17
For Appellant: Shri L. Bharath, CA
Section 132Section 143Section 143(2)Section 153Section 153CSection 263Section 41(1)Section 56Section 56o

…ithout conducting an independent and detailed enquiry. This approach is not in accordance with the provisions of the law. Some important judicial precedents on such an approach are as under: a. The SC in Shree Manjunatheswara Packing & Products Camphor Works (231 ITR 53) noted that nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. b. The Delhi HC in the case of Delhi Airport Metro Express (P.) Ltd. [2018] 398 ITR 8 has categorically held that for the purpose of exercising jurisdiction u/s 263 of…

Shree Balkrishna Commercial Co. Ltd., New Delhi vs. PCIT-I, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1168/KOL/2017[2012-13]Status: DisposedITAT Delhi25 Nov 2021AY 2012-13

Bench: Shri O. P. Kant & Ms. Suchitra Kambleasstt. Year 2012-13

For Appellant: Shri Subhash Singhal, CAFor Respondent: Shri Sujeet Kumar, CIT, DR
Section 115Section 143(3)Section 194CSection 263

…from house property and service receipt under the head income from other sources. Thus, the Pr. CIT set aside the assessment order in light of the decision of the Hon’ble Supreme Court in case of CIT Vs. Sh. Manjunatheshwar Packing Products and Camphor Works 231 ITR 53 where the Assessing Officer has not made any enquiry on a particular issue, such order is construed as erroneous and prejudicial to the interest of the Revenue. Firstly, we must look into the explanation 2 to Section 263 which was inserted by Finance Act 6 2015 w.e.f. 1/6/2015. The said explanation regarding order passed without making enquiry or…

Pawansut Media Services Pvt Ltd, New Delhi vs. Pr. CIT - 7, New Delhi

In the result, appeal of the assessee is allowed

ITA 534/DEL/2021[2015-16]Status: DisposedITAT Delhi14 Oct 2021AY 2015-16

Bench: Shri R.K. Panda & Shri Amit Shukla

For Appellant: Shri Kapil Goel, Advocate &For Respondent: Smt. Sushma Singh, CIT-DR
Section 143(3)Section 263Section 56(2)(viia)

…7 ITR 22 (Del.). 22. Order of ITAT, Delhi Bench in the case of Pooja Gupta in ITA.No.4057/Del./2018 Dated 31.01.2019. 17 ITA.No.534/Del./2021 Pawansut Media Services Pvt. Ltd., Delhi. 23. Shree Manjunathesware Packing Products & Camphor Works vs., CIT [1998] 231 ITR 53 [SC]. 24. Order of ITAT, Delhi Bench in the case of PTC Impex (India) Pvt. Ltd., vs., CIT vide ITA.,No.2860/ Del./2010 dated 03.04.2018. 5. We have considered the rival arguments made by both the sides, perused the orders of the A.O. and the Ld. PCIT and the paper book filed on behalf of the assessee. We have also considered the various decisions…

Kapil Mehta, Delhi vs. PCIT(Central)-3, New Delhi

The appeal of the assessee stands dismissed

ITA 533/DEL/2021[2017-18]Status: FixedITAT Delhi11 Oct 2021AY 2017-18

Bench: The Assessing Officer

Section 131Section 132Section 143(3)Section 153ASection 263Section 263(1)

…ch the CIT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT v. Shree Manjunathesware Packing Products, 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from collecting and relying Kapil Mehta vs. PCIT upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. 18. It is in this context that the Supreme Court in Malabar Industrial Co. Ltd. v. Commissioner of Income Tax, (2000) 243 ITR 83 (SC), had observed t…

M/S. Jns Instruments Ltd., New Delhi vs. Pr. CIT, New Delhi

The appeal of the assessee stands dismissed

ITA 1479/DEL/2017[2011-12]Status: DisposedITAT Delhi11 Oct 2021AY 2011-12

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiasstt. Year : 2011-12 Jns Instruments Ltd. Vs. Pr. Cit Gi-48, G.T. Karnal Road Central -2, New Delhi. Jhandewalan Pan Aaacj7034Q New Delhi. (Appellant) (Respondent)

For Appellant: Shri Shailesh Gupta, AdvFor Respondent: Ms. Sunita Singh, CIT (DR)
Section 132(1)Section 143(3)Section 153Section 153ASection 263Section 92C

…ch the CIT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT v. Shree Manjunathesware Packing Products, 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. 19 JNS Instruments Ltd. vs Pr.CIT 18. It is in this context that the Supreme Court in Malabar Industrial Co. Ltd. v. Commissioner of Income Tax, (2000) 243 ITR 83 (SC), h…

M/S A.P. Refinery Pvt. Ltd., Jagaron vs. Pr.CIT-Central, Ludhiana

In the result, both the appeals of the assessee are

ITA 123/CHANDI/2021[2016-17]Status: DisposedITAT Chandigarh04 Oct 2021AY 2016-17
For Appellant: Shri Ashwani Kumar, C.A. &For Respondent: Smt. C. Chandrakanta, CIT
Section 143(3)Section 153ASection 263

…ch the CIT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT v. Shree Manjunathesware Packing Products, 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. Sh Narayan Tatu Rane vs ITO (2016)47 CCH 309(Mum) “The law interpreted by the High Courts makes it clear that the Ld Pr. CIT, before holding an order to be erroneous, shou…

M/S Dsiidc Ltd., New Delhi vs. Pr.CIT-03, New Delhi

The appeal of the assessee is dismissed

ITA 2674/DEL/2016[2012-13]Status: DisposedITAT Delhi09 Sept 2021AY 2012-13

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 142(1)Section 143(2)Section 143(3)Section 263Section 801Section 80I

…dustrial Co. Ltd. Vs. CIT (2000) 243 ITR 83 (SC) (b) Rajmandir Estates (P) Ltd. vs. PCIT (2016) 386 ITR 162 (Cal.) (c) Rajmandir Estates (P.) Ltd. vs. PCIT (2017) 245 Taxman 127 (SC) (d) Shree Manjunathesware Packing Products & Camphor Works vs. CIT (1998) 231 ITR 53 (SC) 8. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the Assessing Officer has raised only a query before completion of assessment u/s 143 (3) relating to claim of 80IA(4). However, the Assessing Officer has not given any cogent finding. Thus, the observation of the Princip…

M/S Dsiidc Ltd., New Delhi vs. Pr.CIT-03, New Delhi

The appeal of the assessee is dismissed

ITA 2673/DEL/2016[2011-12]Status: DisposedITAT Delhi09 Sept 2021AY 2011-12

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 142(1)Section 143(2)Section 143(3)Section 263Section 801Section 80I

…dustrial Co. Ltd. Vs. CIT (2000) 243 ITR 83 (SC) (b) Rajmandir Estates (P) Ltd. vs. PCIT (2016) 386 ITR 162 (Cal.) (c) Rajmandir Estates (P.) Ltd. vs. PCIT (2017) 245 Taxman 127 (SC) (d) Shree Manjunathesware Packing Products & Camphor Works vs. CIT (1998) 231 ITR 53 (SC) 8. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the Assessing Officer has raised only a query before completion of assessment u/s 143 (3) relating to claim of 80IA(4). However, the Assessing Officer has not given any cogent finding. Thus, the observation of the Princip…

Sri. Mallikarjun B. Gundur, Hubballi vs. The Principal Commissioner of Income Tax, Hubballi

In the result, appeals of the assessee are dismissed

ITA 1200/BANG/2019[2013-14]Status: DisposedITAT Bangalore23 Aug 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri. V. Narendra Sharma, Shri. Pranav Krishna, AdvocatesFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 263

…ic Academy of Education, Mangaluru Vs. ACIT ITA Nos.656 ITA Nos.1198 to 1200/Bang/2019 Page 4 of 6 to 658/Bang/2010 wherein the Tribunal followed the decision of the Hon’ble Supreme Court in the case of Sri Manjunatheswara Packing Products and Camphor Works 231 ITR 53 (SC). The CIT ultimately set aside the Order of Assessment on the point and directed the AO to pass a fresh Order of Assessment after giving assessee opportunity of being heard. Following were the relevant observations of the CIT: “9. In view of the above, it is clear that loss will be caused to the Revenue and undue advantage will be gained by t…

Sri. Mallikarjun B. Gundur, Hubballi vs. The Principal Commissioner of Income Tax, Hubballi

In the result, appeals of the assessee are dismissed

ITA 1199/BANG/2019[2012-13]Status: DisposedITAT Bangalore23 Aug 2021AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri. V. Narendra Sharma, Shri. Pranav Krishna, AdvocatesFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 263

…ic Academy of Education, Mangaluru Vs. ACIT ITA Nos.656 ITA Nos.1198 to 1200/Bang/2019 Page 4 of 6 to 658/Bang/2010 wherein the Tribunal followed the decision of the Hon’ble Supreme Court in the case of Sri Manjunatheswara Packing Products and Camphor Works 231 ITR 53 (SC). The CIT ultimately set aside the Order of Assessment on the point and directed the AO to pass a fresh Order of Assessment after giving assessee opportunity of being heard. Following were the relevant observations of the CIT: “9. In view of the above, it is clear that loss will be caused to the Revenue and undue advantage will be gained by t…

Sri. Mallikarjun B. Gundur, Hubballi vs. The Principal Commissioner of Income Tax, Hubballi

In the result, appeals of the assessee are dismissed

ITA 1198/BANG/2019[2011-12]Status: DisposedITAT Bangalore23 Aug 2021AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri. V. Narendra Sharma, Shri. Pranav Krishna, AdvocatesFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148Section 263

…ic Academy of Education, Mangaluru Vs. ACIT ITA Nos.656 ITA Nos.1198 to 1200/Bang/2019 Page 4 of 6 to 658/Bang/2010 wherein the Tribunal followed the decision of the Hon’ble Supreme Court in the case of Sri Manjunatheswara Packing Products and Camphor Works 231 ITR 53 (SC). The CIT ultimately set aside the Order of Assessment on the point and directed the AO to pass a fresh Order of Assessment after giving assessee opportunity of being heard. Following were the relevant observations of the CIT: “9. In view of the above, it is clear that loss will be caused to the Revenue and undue advantage will be gained by t…

M/S. the India Cements Ltd., Chennai vs. DCIT, Corporate Circle - 2 (1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 833/CHNY/2020[2007-08]Status: DisposedITAT Chennai18 Aug 2021AY 2007-08

Bench: Shri V.Durga Rao & Shri G.Manjunatha

For Appellant: Mr. S.Bharath,CITFor Respondent: 13.07.2021
Section 115JSection 143(3)Section 263

…आयकर अपील"य अ"धकरण,‘डी’ "याय पीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL , ‘D’ 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 आयकरअपीलसं./I.T.A.No.833/Chny/2020 ("नधा"रणवष" / Assessment Year:2007-08) M/s. India Cements Limited Vs The Deputy Commissioner of 93, Coromandel Towers Income Tax, Santhome High Road, Corporate Circle-2(1) Chennai R.A.Puram,Chennai-600 028. PAN: AAACT 1728P (अपीलाथ"/Appellant) (""यथ"/Respondent) : Mr.R.Vijayaraghavan, Advocate अपीलाथ" क" ओरसे/ Appellant by : Mr. S.Bhar…

M/S Radhishwari Devlopers P Ltd, Indore vs. Pr CIT -2 Indore, Indore

In the result, Assessee’s appeal in ITANo

ITA 493/IND/2018[13-14]Status: DisposedITAT Indore20 Jul 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

Section 133(6)Section 143(2)Section 143(3)Section 263

…h the CIT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT vs. Shree Manjunathesware Packing Products, 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. 18. It is in this context that the Supreme Court in Malabar Industrial Co. Ltd. vs. Commissioner of Income Tax, (2000) 243 ITR 83 (SC), had observed that the phrase „prejud…

Rutvi Oilfields Services Pvt Ltd, Gurgaon vs. Pr. CIT, Gurgaon

The appeal of the assessee is allowed

ITA 3291/DEL/2019[2014-15]Status: DisposedITAT Delhi29 Jun 2021AY 2014-15

Bench: Ms Suchitra Kamble & Dr. B. R. R. Kumar

Section 142(1)Section 143(1)Section 263Section 40A(2)(b)

…(Calcutta)/[2016] 386 ITR 162 (Calcutta)/[2016] 287 CTR 512] vii. Rajmandir Estates (P.) Ltd. Vs PCIT [2017] 77 taxmann.com 285 (SC)/[2017] 245 Taxman 127 (SC) viii. Shree Manjunathesware Packing Products & Camphor Works Vs CIT [1998] 96 Taxman 1 (SC)/[1998] 231 ITR 53 (SC)/[1997] 143 CTR 406 (SC) ix. PTC Impex (India) Pvt. Ltd. vs. CIT (ITA No. 2860/Del/2010 dated 03.04.2018) x. CIT vs. Infosys Technologies Ltd. 341 ITR 293 order dated 04.01.2012 (Kar. HC) xi. CIT vs. Apollo Tyres Ltd. 65 ITD 263 xii. Gee Vee Enterprises vs. Addl. CIT 99 ITR 375 xiii. Perfetti Van Melle India Pvt. Ltd. (ITA No. 3046/Del/2016 or…

M/S Surjeet Auto Agency, Bhopal vs. Pr CIT-2, Bhopal

ITA 189/IND/2020[2015-16]Status: DisposedITAT Indore25 May 2021AY 2015-16

Bench: Shri Manish Borad & Mis Madhumita Royassessment Year:2015-16 M/S Surjeet Auto Agency, Pr. Cit-2, 4-5, Lajpat Nagar, Raisen Bhopal बनाम/ Road, Apsara Cinema, Vs. Bhopal (Appellant) (Respondent ) P.A. No. Aatfs 4110J Appellant By S/Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Piush Parasar Advs. Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 13.04.2021 Date Of Pronouncement: 25.05.2021 आदेश / O R D E R Per Manish Borad, A.M: By Way Of This Appeal, The Appellant Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Income Tax Act 1961( Hereinafter Referred To As ‘The Act’ For Short) By Ld. Pr. Cit-2 Bhopal Vide Order Dated 04.02.2020.The Assessee Has Raised Following Grounds Of Appeal:-

Section 143(2)Section 143(3)Section 263Section 40A(2)(b)

…h the CIT can rely includes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT vs. Shree Manjunathesware Packing Products, 231 ITR 53 (SC)]. Nothing bars/prohibits the CIT from Surjeet Auto Agency collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous. 18. It is in this context that the Supreme Court in Malabar Industrial Co. Ltd. vs. Commissioner of Income Tax, (2000) 243 ITR 83 (SC), had observed tha…

Ambawatt Buildwell Pvt. Ltd., New Delhi vs. Pr. CIT (C), Gurgaon

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

ITA 2552/DEL/2017[2014-15]Status: DisposedITAT Delhi21 May 2021AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Ambawatt Buildwell Pvt. Ltd., Vs Pr. Cit (C), Kh 267, 1St Floor, 7Th Floor, Hsiidc Building, Chatterpur Enclave, Udyog Vihar, Phase-V, Mehrauli, Gurgaon. New Delhi. Pan: Aagca0991B (Appellant) (Respondent) Assessee By : Shri P.C. Yadav, Advocate Revenue By : Shri Satpal Gulati, Cit, Dr Date Of Hearing : 10.03.2021 Date Of Pronouncement : 21.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17Th February, 2017 Passed U/S 263 Of The Act By The Cit, Central, Gurgaon, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Real Estate. It Filed Its Return Of Income On 30Th September, 2014, Declaring Nil Income. The Case Of The Assessee Was Selected For Compulsory Scrutiny & A Notice U/S 143(2) Of The Act Was Issued To The Assessee On 20Th September, 2015. Notice U/S 142(1) Along With A Questionnaire Was Also Issued On 12Th May, 2016. In Response To The Statutory Notices Issued By The Ao, The Assessee Appeared Before Him From Time To Time & Furnished Replies Which Were Kept On Record. The Ao, On The Basis Of Various Details Furnished Before Him, Disallowed An Amount Of Rs.3,91,936/- U/S 40A(3) Out Of Car Repairs & Maintenance & Determined The Total Loss Of The Assessee At Rs.94,25,270/- As Against The Returned Loss Of Rs.98,17,203/-.

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri Satpal Gulati, CIT, DR
Section 142(1)Section 143(2)Section 2(22)(e)Section 263Section 40A(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2014-15 Ambawatt Buildwell Pvt. Ltd., Vs Pr. CIT (C), Kh 267, 1st Floor, 7th Floor, HSIIDC Building, Chatterpur Enclave, Udyog Vihar, Phase-V, Mehrauli, Gurgaon. New Delhi. PAN: AAGCA0991B (Appellant) (Respondent) Assessee by : Shri P.C. Yadav, Advocate Revenue by : Shri Satpal Gulati, CIT, DR Date of Hearing : 10.03.2021 Date of Pronouncement : 21.05.2021 ORDER PER R.K. PANDA, AM: This appeal filed by the assessee is directed against the order dated…

Rasna Pvt. Ltd., Ahmedabad vs. The Pr.CIT, -3, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 278/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad09 Apr 2021AY 2015-16

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedasstt.Year 2015-16

For Respondent: Shri Sanjeev Jain, CIT-DR
Section 142(1)Section 143(3)Section 263Section 80I

…cludes not only the record as it stands at the time when the order in question was passed by the Assessing Officer but also the record as it stands at the time of examination by the CIT [see CIT v. Shree Manjunathesware Packing & Products Camphor Works [1998] 231 ITR 53/98 Taxman 1 (SC)]. Nothing bars/prohibits the CIT from collecting and relying upon new/additional material/evidence to show and state that the order of the Assessing Officer is erroneous.” 14. Factum of expansion was reported by the assessee in the Asstt.Year 2011-12 itself. The assessment order was passed under section 143(3) in the Asstt.Year 2…