CIT v. Shri Arbuda Mills Ltd.

231 ITR 50Supreme Court of India1998#1864 most cited

What is CIT v. Shri Arbuda Mills Ltd. authority for?

The Commissioner's revisional powers under Section 263, as clarified by Explanation (c) of Section 263(1) (retrospectively inserted by the Finance Act, 1989), extend to and are deemed always to have extended to matters that were not considered and decided in an appeal. This means the CIT can revise an order even if it was appealed, provided the specific issue under revision was not part of the appeal proceedings.

61

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2007 to 2026.

Also referred to as

CIT v. Shri Arbuda Mills Ltd. · 231 ITR 50 · Section 263 · Section 263(1) · Explanation (c) to Section 263(1) · revisional power · matters not considered in appeal · doctrine of merger · Finance Act 1989 retrospective amendment · scope of revisional power

Issues it is cited on

Judgments citing CIT v. Shri Arbuda Mills Ltd.

Gujarat State Electricity Corporation Limited, Vadodara vs. The DCIT, Circle-1(1)(1), Vadodara

In the result, appeal of the assessee is allowed

ITA 785/AHD/2018[2008-09]Status: DisposedITAT Ahmedabad25 Feb 2020AY 2008-09

Bench: Shri Mahavir Prasad & Shri , Manish Boradआयकर अपील सं./ Ita No.785/Ahd/2018 { "नधा"रण वष"/Assessment Year: 2008-09 Gujarat State Electricity Corp. Ltd. Dcit, Circle 1(1)(1) Vidyut Bhavan Vs Baroda Race Course Circle. Baroda Pan No.Aaacg6864F अपीलाथ"/ (Appellant) "" यथ"/ (Revenue) Appellant By : Shri Manish J. Shah, Ar Revenue By : Shri O.P. Sharma, Cit-Dr

For Appellant: Shri Manish J. Shah, ARFor Respondent: Shri O.P. Sharma, CIT-DR
Section 115JSection 143(3)Section 263

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘C’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI , MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No.785/Ahd/2018 { "नधा"रण वष"/Assessment Year: 2008-09 Gujarat State Electricity Corp. Ltd. DCIT, Circle 1(1)(1) Vidyut Bhavan Vs Baroda Race Course Circle. Baroda PAN No.AAACG6864F अपीलाथ"/ (Appellant) "" यथ"/ (Revenue) Appellant by : Shri Manish J. Shah, AR Revenue by : Shri O.P. Sharma, CIT-DR सुनवाई क" तार"ख/Date of Hearing : 24/02/2020 घोषणा क" तार"ख /Date of Pronouncement: 25 /02/2020 आदे…

The Azad Nagar, Cooperative Housing, Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3881/MUM/2014[2004-05]Status: DisposedITAT Mumbai28 Sept 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

Section 143(3)Section 147Section 263Section 50C

…within the powers of the CIT to pass revision order on such matters as had not been considered and decided in the appeal by the Commissioner of Income Tax-(Appeals). Reliance was placed in this regard upon the judgment of Hon’ble 15 Co.Op. Housing Societies 231 ITR 50 (SC) which was subsequently followed by the Supreme Court in another judgment in the case of CIT v. Jay Kumar B. Patil 236 ITR 469. The reliance was also placed on the judgment of Hon’ble Allahabad High Court in the Mehra Borthers v. CIT order dated 11.03.2015 in writ tax no. 185 of 2015 for the proposition that Doctrine of Merger could not have b…

Vallabhnagar Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3659/MUM/2014[2004-05]Status: DisposedITAT Mumbai28 Sept 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

Section 143(3)Section 147Section 263Section 50C

…within the powers of the CIT to pass revision order on such matters as had not been considered and decided in the appeal by the Commissioner of Income Tax-(Appeals). Reliance was placed in this regard upon the judgment of Hon’ble 15 Co.Op. Housing Societies 231 ITR 50 (SC) which was subsequently followed by the Supreme Court in another judgment in the case of CIT v. Jay Kumar B. Patil 236 ITR 469. The reliance was also placed on the judgment of Hon’ble Allahabad High Court in the Mehra Borthers v. CIT order dated 11.03.2015 in writ tax no. 185 of 2015 for the proposition that Doctrine of Merger could not have b…

Suvarna Nagar Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3658/MUM/2014[2004-05]Status: DisposedITAT Mumbai28 Sept 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

Section 143(3)Section 147Section 263Section 50C

…within the powers of the CIT to pass revision order on such matters as had not been considered and decided in the appeal by the Commissioner of Income Tax-(Appeals). Reliance was placed in this regard upon the judgment of Hon’ble 15 Co.Op. Housing Societies 231 ITR 50 (SC) which was subsequently followed by the Supreme Court in another judgment in the case of CIT v. Jay Kumar B. Patil 236 ITR 469. The reliance was also placed on the judgment of Hon’ble Allahabad High Court in the Mehra Borthers v. CIT order dated 11.03.2015 in writ tax no. 185 of 2015 for the proposition that Doctrine of Merger could not have b…

Vithalnagar Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3656/MUM/2014[1995-96]Status: DisposedITAT Mumbai28 Sept 2016AY 1995-96

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

Section 143(3)Section 147Section 263Section 50C

…within the powers of the CIT to pass revision order on such matters as had not been considered and decided in the appeal by the Commissioner of Income Tax-(Appeals). Reliance was placed in this regard upon the judgment of Hon’ble 15 Co.Op. Housing Societies 231 ITR 50 (SC) which was subsequently followed by the Supreme Court in another judgment in the case of CIT v. Jay Kumar B. Patil 236 ITR 469. The reliance was also placed on the judgment of Hon’ble Allahabad High Court in the Mehra Borthers v. CIT order dated 11.03.2015 in writ tax no. 185 of 2015 for the proposition that Doctrine of Merger could not have b…

The Navyug Co Operative Housing Society Ltd, Mumbai vs. CIT 21, Mumbai

In the result, the appeals filed by the Assessee are dismissed

ITA 3655/MUM/2014[2004-05]Status: DisposedITAT Mumbai28 Sept 2016AY 2004-05

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2004-05 Vithal Nagar Co. Operative Cit-21 Housing Society Ltd., Pratyakshkar बनाम/ 51 N.S.S. Rd No.11, Bhavan, Bkc Vs. Jia Hind Club, Jvpd Scheme, Bandra (E) Mumbai-400056 Mumbai- 400050 (Revenue) (Respondent ) P.A. No.Aaaat3055F Assessment Year: 2004-05 The Navyug Co. Operative Cit-21 Housing Society Ltd. Pratyakshkar बनाम/ Plot No. 51 Jain Hind Club Bhavan, Bkc Vs. Gldg. N.S. Rd No.11, Jai Hind Bandra (E) Society Jvpd Scheme Vile Mumbai- 400050 Parle (W) Mumbai-400049 (Revenue) (Respondent ) P.A. No.Aaaat0325L Assessment Year: 2004-05

Section 143(3)Section 147Section 263Section 50C

…within the powers of the CIT to pass revision order on such matters as had not been considered and decided in the appeal by the Commissioner of Income Tax-(Appeals). Reliance was placed in this regard upon the judgment of Hon’ble 15 Co.Op. Housing Societies 231 ITR 50 (SC) which was subsequently followed by the Supreme Court in another judgment in the case of CIT v. Jay Kumar B. Patil 236 ITR 469. The reliance was also placed on the judgment of Hon’ble Allahabad High Court in the Mehra Borthers v. CIT order dated 11.03.2015 in writ tax no. 185 of 2015 for the proposition that Doctrine of Merger could not have b…