CIT v. Shri Ram Singh

306 ITR 343High Court2008#534 most cited

What is CIT v. Shri Ram Singh authority for?

The Assessing Officer cannot assess or reassess any other income under Section 147 if the original grounds for issuing the Section 148 notice are not sustained. Jurisdiction to add other income discovered during reassessment proceedings arises only if the income for which the notice was initially issued is successfully assessed or reassessed.

180

judgments rely on this decision, according to BharatTax’s citation analysis of 367,164 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Shri Ram Singh · 306 ITR 343 · Section 147 · Section 148 · reassessment jurisdiction · original grounds not sustained · income escaping assessment · scope of reassessment · Jet Airways principle · Explanation 3 Section 147

Also reported as

174 Taxmann 438217 CTR 3458 DTR 118

Issues it is cited on

Judgments citing CIT v. Shri Ram Singh

Usha K Jolly Charitable Trust, Pune vs. Commissioner of Income-Tax, (Exemption), Pune

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

ITA 174/PUN/2022[2010-11]Status: DisposedITAT Pune22 Aug 2023AY 2010-11

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.174/Pun/2022 िनधा"रण वष" / Assessment Year : 2010-11 Usha K. Jolly Charitable Vs. Cit (Exemption), Pune. Trust, 23, Jolly Villa, Bund Garden Road, Pune- 411001. Pan : Aaatu1384R Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ajay Kumar Kesari Date Of Hearing : 10.08.2023 Date Of Pronouncement : 22.08.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Exemption), Pune [‘The Cit (Exemption)’] Dated 30.03.2021 For The Assessment Year 2010-11. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Cit (Exemptions) Erred In Law & On Facts In Invoking The Jurisdiction U/S 263 Of The It Act, 1961, Since Issues

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ajay Kumar Kesari
Section 11Section 12ASection 13(1)(c)Section 143(3)Section 148Section 263

…e Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd., 331 ITR 236 (Bom.), the Hon’ble Delhi High Court in the case of Ranbaxy Laboratories Ltd. vs. CIT, 336 ITR 136 (Delhi) and the Hon’ble Rajasthan High Court in the case of CIT vs. Shri Ram Singh, 306 ITR 343 (Rajasthan), it is not permissible for the Assessing Officer to make any other addition. Therefore, what follows from this is that the ld. CIT (Exemption) could not have exercised the jurisdiction u/s 263 in respect of item, which could not have been disallowed in the reassessment proceedings in respect of which the 263 proceedings were initiated…

M/S Sunil Chetndas Katariya, HUF, Nashik vs. Principal Commissioner of Income-Tax-1, Nashik

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

ITA 261/PUN/2022[2011-12]Status: DisposedITAT Pune21 Aug 2023AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.261/Pun/2022 िनधा"रण वष" / Assessment Year : 2011-12 M/S. Sunil Chetandas Vs. Pr.Cit-1, Nashik. Katariya, 649, Sai Villa, Lam Road, Deolali Camp, Nashik- 422401. Pan : Aaths6634R Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Ajay Kumar Kesari Date Of Hearing : 10.08.2023 Date Of Pronouncement : 21.08.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax-1, Nashik [‘Pcit’] Dated 12.03.2021 For The Assessment Year 2011-12. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Pcit Erred In Holding That The Asst. Order Passed U/S 143(3) R.W.S. 147 In The Case Of The Assessee For A.Y.2011 - 12 Was Erroneous & Prejudicial To The Interest Of Revenue & Thereby

For Appellant: Shri Sanket JoshiFor Respondent: Shri Ajay Kumar Kesari
Section 139Section 143(3)Section 147Section 148Section 263Section 269S

…e Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd., 331 ITR 236 (Bom.), the Hon’ble Delhi High Court in the case of Ranbaxy Laboratories Ltd. vs. CIT, 336 ITR 136 (Delhi) and the Hon’ble Rajasthan High Court in the case of CIT vs. Shri Ram Singh, 306 ITR 343 (Rajasthan), it is not permissible for the Assessing Officer to make any other addition. Therefore, what follows from this is that the ld. PCIT could not have exercised the jurisdiction u/s 263 in respect of item, which could not have been disallowed in the reassessment proceedings in respect of which the 263 proceedings were initiated. In this c…

Veena Devi, Muzaffarpur vs. Pr.CIT-1, Patna

In the result, appeal of the assessee is allowed

ITA 41/PAT/2021[2011-12]Status: DisposedITAT Patna06 Jun 2023AY 2011-12

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. No. 41/Pat/2021 Assessment Year: 2011-12 Veena Devi Pr. Cit, Patna-1 Vs Krishnapuri, Nh 28 Bhagwanpur Chowk Muzaffarpur - 842001 [Pan: Aoyps8291P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ashish Maskara, Advocate Revenue By : Smt. Rinku Singh, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 29/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 06/06/2023 आदेश/O R D E R Per, Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax, Patna-1, (Hereinafter The “Ld. Pr. Cit”) Dt. 23/03/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. The Registry Has Pointed Out That There Is A Delay Of Eighteen (18) Days In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Order Passed U/S 263 Of The It Act By The Ld Pcit, Patna Is Wrong, Illegal, Arbitrary & Against The Fact & Circumstances Of The Case.

For Appellant: Shri Ashish Maskara, AdvocateFor Respondent: Smt. Rinku Singh, CIT, D/R
Section 143(3)Section 147Section 148Section 250Section 263

…o tax which the AO may find to have escaped assessment and which may come to his notice subsequently in the course of proceeding under section 147. Case Laws: 1. Dy CIT v. Takshila Education Society [2016] 378 ITR 520 (Patna HC) 2. CIT v Shri Ram Singh [2008] 306 ITR 343 (Raj HC) 3. Ranbaxy Laboratories Ltd. v CIT [2011] 336 ITR 136 (Delhi HC) 4. CIT v Jet Airways (1) Ltd [2011] 331 ITR 236 (Bom HC) 5. CIT v Dr Devendra Gupta [2011] 336 ITR 59 (Raj HC) 6. ACIT v Bharat Inftel Ltd [2015] 42 CCH 374 (Del Trib) 7. Martech Peripherals (P) Ltd v DCIT [2017] 81 taxmann.com 73 (Mad) 6. For that the other grounds, if any…

CIT v. Shri Ram Singh (306 ITR 343) — Cited in 180 Judgments | BharatTax