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 366,459 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

Issues it is cited on

Judgments citing CIT v. Shree Manjunathesware Packing Products

M/S. Aic Iron Industries Pvt. Ltd., Kolkata vs. Pr.CIT-1, Kolkata

Appeal is allowed

ITA 1332/KOL/2019[2014-15]Status: DisposedITAT Kolkata31 Dec 2019AY 2014-15

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1332/Kol/2019 ("नधा"रण वष" / Assessment Year: 2014-15) Aic Iron Industries Pvt. Ltd. Vs. Pcit-1, Kolkata 25, Ganesh Chandra Avenue, 4Th Floor, Kolkata – 700013. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccn0217F (Appellant) .. (Respondent) Appellant By : Shri Sunil Surana, Fca Respondent By : Shri Radhey Shyam, Cit सुनवाईक"तार"ख/ Date Of Hearing : 16/12/2019 घोषणाक"तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Principal Commissioner Of Income Tax (A), Kolkata Dated 12.03.2019 Involving Proceedings U/S 263 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. Relevant Facts Involved In The Instant Lis Are In A Very Narrow Compass. The Assessing Officer Has Framed His Regular Assessment In Issue Dated 19.12.16 Disallowing Administrative Expenditure Of Rs.46,420/- Under Rule 8D(2)(Iii) R.W. Section 14A Of The Act. The Pcit Assumed His Revision Jurisdiction Terming The Above Regular Assessment As Erroneous Causing Prejudice To Interest Of The Revenue Since There Were ‘Large Specific Domestic Transactions” & The Assessing Officer Had Completed His Assessment Without Making Any Reference To The Tpo To Determine Arm’S Length Price Thereof. He Quotes Cbdt Instruction No.3/2016 Dated 10.03.16 Regarding Guidelines For Implementation Of Transfer Pricing

For Appellant: Shri Sunil Surana, FCAFor Respondent: Shri Radhey Shyam, CIT
Section 14ASection 263Section 40

…t passed by Assessing Officer and i.e. why revisionary powers have been given to the Commissioner and such power were held to be of wide amplitude by the Hon'ble Supreme Court in the case of CIT v. Shree Manjunathesware Packing Products & Camphor Works [1998] 231 ITR 53/96 Taxman 1. Therefore, normally when Assessing Officer has not made any enquiry on a particular issue, then such order in view of the above detailed discussion has to be construed as erroneous and prejudicial to the interest of Revenue and therefore, the impugned assessment order is erroneous and prejudicial to the interest of Revenue as Assessin…

M/S. General Polytex Pvt. Ltd., Surat vs. ITO, Ward - 1(1), Kolkata

Appeal is dismissed

ITA 2211/KOL/2018[2008-09]Status: DisposedITAT Kolkata22 Nov 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2008-09 M/S General Polytex Pvt. V/S. Income Tax Officer, Ltd., A-Wing, 6Th Floor, Ward-1(1), Aayakar International Commerce Bhawan, P-7, Centre (Icc), Near Chowringhee Kadiwala School, Ring Square,Kolkata-69 Road, Surat-395002 [Pan No.Ssvvb 5335 L] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Radehy Shyam, Cit-Dr ""यथ" क" ओर से/By Respondent 09-09-2019 सुनवाई क" तार"ख/Date Of Hearing 22-11-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against The Principal Commissioner Of Income Tax (Appeals)-1, Kolkata’S Order Dated 28.03.2018 Passed In Case M.No.Pr.Cit-1/Kol/Revision U/S263/2017- 18/14797-14800, Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest. The Registry Has Already Issued Rpad Notice Dated 20.08.2019 For Today’S (09.09.2019) Hearing. We Therefore Proceed Ex Parte Against The Assessee To Decide The Instant Appeal On Merits. 2. Case File Suggests That The Assessing Officer Had Framed Assessment / Re-Assessment In Assessee’S Case In Issue Dated 28.01.2016 Invoking Sec.

Section 133(6)Section 143Section 263

…passed by Assessing Officer and i.e. why revisionary powers have been given to the Commissioner and such power were held to be of wide amplitude by the Hon'ble Supreme Court in the case of CIT vs. Shree Manjunathesware Packing Products & Camphor Works [1998] 231 ITR 53/96 Taxman 1. Therefore, normally when Assessing Officer has not made any enquiry on a particular issue, then such order in view of the above detailed discussion has to be construed as erroneous and prejudicial to the interest of Revenue and therefore, the impugned assessment order is erroneous and prejudicial to the interest of Revenue as Assessin…