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

Sections most often in play

Section 148Section 147Section 143(3)Section 142(1)Section 68Section 139(1)Section 144BSection 234B

Issues it is cited on

section 147(1)section 13(1)(c)(ii)section 148(2)section 32(1)(iia)clarificatory amendmentsection 140income escaping assessmentkelvinatorfresh tangible materialsection 234dreason to believeadditional depreciation

Judgments citing CIT v. Shri Ram Singh

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

ITA 2280/CHNY/2018[2011-12]Status: DisposedITAT Chennai25 Sept 2019AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. M. Srinivasa Rao, IRS, CIT
Section 143(3)Section 148

…s been supported by the background which led to the insertion to Explanation 3 to section 147. Parliament must be regarded as being aware of the interpretation that was placed on the words 'and also' by the Rajasthan High Court in CIT v. Shri Ram Singh [2008] 306 ITR 343 (Raj). Parliament has not taken away the basis of that decision. While it is open to Parliament, having regard to the plenitude of its legislative powers to do so, the provisions of section 147 as they stood after the amendment of April 1, 1989, continue to hold the field." This decision of Hon’ble Bombay High Court was referred to by the Hon’ble…

DCIT, Circle-12(1), Kolkata vs. M/S Dotex Merchandise Pvt. Ltd., Kolkata

In the result, appeal of the Revenue is dismissed and the cross objections are also dismissed as infructuous

ITA 1602/KOL/2016[2010-11]Status: DisposedITAT Kolkata03 May 2019AY 2010-11

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 133(6)Section 142(1)Section 143(1)Section 147Section 148Section 68

…In support of this proposition the Ld. AR relied on the following judicial decisions and pleaded that the order of the Ld. CIT(A) quashing the impugned reassessment order be upheld. - Ranbaxy Laboratories Ltd Vs CIT (336 ITR 136) (Del HC) - CIT Vs Ram Singh (306 ITR 343) (Raj HC) - CIT Vs Infinity Infotech Parks Ltd (GA No. 1736 of 2014) (Cal HC) - CIT Vs Software Consultants (341 ITR 240) (Del HC) - Indu Arts Vs ACIT (88 taxmann.com 182) (ITAT Delhi) - ShriMotilal Jain Vs ITO (ITA No. 1986 to 1988/Kol/2016) 8. In support of the cross objections and the additional grounds of cross objections, the Ld. counsel fu…

Shri Badri Narayan Choudhary C/O Ashish Khandelwal & Associates G-2, Arihant Tower-II, Opp. Bsnl Telephone Exchange, Sanganeri Gate, Jaipur vs. Income Tax Officer Ward-4(1), Jaipur, Ward-4(1)

In the result, the same are treated as infructious and not adjudicated upon

ITA 283/JPR/2019[2010-11]Status: DisposedITAT Jaipur24 Apr 2019AY 2010-11
For Appellant: Shri Ashish Khandelwal (C.A.)For Respondent: Smt. Anuradha (JCIT)
Section 139(1)Section 147Section 148

…ave the jurisdiction of the Assessing Officer. In support, reliance was placed on the decision of the Hon’ble Bombay High Court in case of CIT vs. Jet Airways 331 ITR 236 where the decision of the Hon’ble Rajasthan High Court in case of CIT vs. Shri Ram Singh 306 ITR 343 has also been followed. It was accordingly submitted that in view of the factual matrix of the case and the binding judicial precedents where the alleged income in respect of which the notice has been issued U/s 148 of the Act was found non-existent, then the AO is precluded to extend his jurisdiction to tax any other income in the hands of the a…

Chetan Ramniklal Shah, Mumbai vs. Asst CIT Cen Cir 5(4), Mumbai

ITA 3751/MUM/2017[2007-08]Status: DisposedITAT Mumbai19 Mar 2019AY 2007-08

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri N. K. Pradhanshri Chetan Ramniklal Shah, Asst. Commissioner Of Income Tax 5Th Floor, Urmi Building, Central Circle-5(4) Vs. 19Th Floor, R. No. 1927 Air India Bldg 65, A.G. Road, Worli Sea Face, Mumbai-4000025 Mumbai. Pan – Aajps7227C Appellant Respondent

For Appellant: Shri Mani Jain, A.RFor Respondent: Shri Awangshi Gimson, D.R
Section 143(3)Section 147Section 148

…r view has been supported by the background which led to the insertion to Explanation 3 to section 147. Parliament must be regarded as being aware of the interpretation that was placed on the words and also by the Rajasthan High Court in Shri Ram Singh [2008] 306 ITR 343. Parliament has not taken away the basis of that decision. While it is open to Parliament, having regard to the plenitude of its legislative powers to do so, the provisions of section 147 as they stood after the amendment of April 1, 1989, continue to hold the field.” 13. In case of Ranbaxy Laboratories Ltd. Vs. Commissioner of Income Tax reporte…

Dipti Mehta, Kolkata vs. ITO, Ward - 43(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2032/KOL/2018[2010-11]Status: DisposedITAT Kolkata01 Mar 2019AY 2010-11

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 132(1)Section 143(1)Section 147Section 148

…income in respect of any other issue though the reasons for such issue had not been included in the reasons recorded under section 148(2). 14. The second line of precedent is reflected in a judgment of the Rajasthan High Court in CIT v. Shri Ram Singh [2008] 306 ITR 343 . The Rajasthan High Court construed the words used by Parliament in section 147 particularly the words that the Assessing Officer 'may assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings' under section 147. The Rajastha…

Shri Aditya Chindalia, Kolkata vs. ITO, Ward - 34(2), Kolkata

In the result, the appeal is allowed

ITA 2242/KOL/2018[2010-11]Status: DisposedITAT Kolkata28 Feb 2019AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 2241/Kol/2018 Assessment Year : 2010-11 Smt. Laxmi Devi Chindalia Vs. I.T.O, Ward 34(2) Pan: Acopc8728P Kolkata (Appellant) (Respondent) I.T.A No. 2242/Kol/2018 Assessment Year : 2010-11 Shri Aditya Chindalia Vs. I.T.O, Ward 34(2) Pan: Afkpc6363F Kolkata (Appellant) (Respondent)

For Appellant: Shri S.S. Surana, FCA, ld. ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(3)Section 69

…ITR 220 (P&H) & Travancore Cements 305 ITR 170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect…

Smt. Laxmi Devi Chindalia, Kolkata vs. ITO, Ward - 35(3), Kolkata

In the result, the appeal is allowed

ITA 2241/KOL/2018[2010-11]Status: DisposedITAT Kolkata28 Feb 2019AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm] I.T.A No. 2241/Kol/2018 Assessment Year : 2010-11 Smt. Laxmi Devi Chindalia Vs. I.T.O, Ward 34(2) Pan: Acopc8728P Kolkata (Appellant) (Respondent) I.T.A No. 2242/Kol/2018 Assessment Year : 2010-11 Shri Aditya Chindalia Vs. I.T.O, Ward 34(2) Pan: Afkpc6363F Kolkata (Appellant) (Respondent)

For Appellant: Shri S.S. Surana, FCA, ld. ARFor Respondent: Shri C.J. Singh, JCIT, ld. Sr.DR
Section 143(3)Section 69

…ITR 220 (P&H) & Travancore Cements 305 ITR 170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect…

Rajesh Pradhan, Jalpaiguri vs. ITO, Ward - 1(3), Jalpaiguri

In the result, the appeal is allowed

ITA 1587/KOL/2018[2008-09]Status: DisposedITAT Kolkata28 Feb 2019AY 2008-09

Bench: Shri S.S, Godaraassessment Year:2008-09 Rajesh Pradhan Income Tax Officer, बनाम / C/O Subash Agarwal & Ward-1(3), Central V/S. Assocaites, Siddha Gibson, Revenue Building, 1, Gibson Lane, Ssuite-213, Nayabasti, P.O. & 2Nd Floor, Kolkata-700069 Dist. Jalpaiguri, Pin- [Pan No.Akjpp 6193 N] 735101

Section 147Section 68

…ITR 220 (P&H) & Travancore Cements 305 ITR 170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respect…

Swarnasathi Advisory Services Pvt. Ltd., Kolkata vs. ITO, Ward - 9(4), Kolkata

Appeal is allowed

ITA 1929/KOL/2018[2006-07]Status: DisposedITAT Kolkata04 Jan 2019AY 2006-07

Bench: Shri S.S, Godaraassessment Year:2006-07

Section 147Section 148Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH “SMC” KOLKATA Before Shri S.S, Godara, Judicial Member Assessment Year:2006-07 Swarnasathi Advisory Income Tax Officer, बनाम / Services Pvt. Ltd., Block- Ward-9(4), P-7, V/s. C, Flat No.201, 2nd Floor, Chowringhee Square, 4, D.L. Khan Road, Kolkata-69 Kolkata-25 [PAN No.AAGCS 9358 A] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri M.Satnaliwala, FCA अपीलाथ" क" ओर से/By Appellant Shri Baijaaaanath Singh, Addl. CIT-DR ""यथ" क" ओर से/By Respondent 02-01-2019 सुनवाई क" तार"ख/Date of Hearing 04-01-2019 घोषणा क" तार"ख/Date of Pronouncement आदेश /O R D E R This assess…

Rita Singh, New Delhi vs. ITO, Ward-70(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 5966/DEL/2018[2011-12]Status: DisposedITAT Delhi18 Dec 2018AY 2011-12

Bench: Shri N.S.Saini

Section 147Section 148Section 148(2)Section 151Section 80C

…reasons recorded. 2.3 The Ld. CIT(A) has erred grossly and acted in defiance of Hon’ble Delhi High Court judgment in the case of Ranbaxy Laboratories vs. CIT; 336 ITR 136 (Delhi) and Hon'ble Rajasthan High Court judgment in the case of CIT vs. Sh. Ram Singh; 306 ITR 343 (Rajasthan) whereby the issue as raised in ground no. 2.2 herein is squarely covered. 2.4 That reasons recorded are based upon presumption and guess work and these are not more than reason to suspect and thus are not valid in the eyes of law as no belief can be formed on the basis of the reasons recorded. 2.5 That the Ld. AO has not recorded any…

Smt. L Sudha Bala, L/R of Late Sri L.Narsa Reddy, Guntur vs. The DCIT, Special Range Guntur, Guntur

In the result, the appeals of the assessee are dismissed

ITA 261/VIZ/2012[1985-86]Status: DisposedITAT Visakhapatnam07 Dec 2018AY 1985-86

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 & 1985-86 Respectively) L.Sudha Bala Vs. Dy.Commissioner Of L/R Of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2Nd Lane, Guntur [Pan : Acgpl2351P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Smt. Suman Malik, DR
Section 143(3)Section 147Section 148Section 40A(3)

…आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री िी. दुगाा राि,न्याधयक सदस्य एिं श्री धड.एस. सुन्दर ससह, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 and 1985-86 respectively) L.Sudha Bala Vs. Dy.Commissioner of L/R of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2nd Lane, Guntur [PAN : ACGPL2351P] (अपीलार्थी/ Appel…

Smt. L Sudha Bala, L/R of Late Sri L.Narsa Reddy, Guntur vs. The DCIT, Special Range Guntur, Guntur

In the result, the appeals of the assessee are dismissed

ITA 260/VIZ/2012[1984-85]Status: DisposedITAT Visakhapatnam07 Dec 2018AY 1984-85

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 & 1985-86 Respectively) L.Sudha Bala Vs. Dy.Commissioner Of L/R Of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2Nd Lane, Guntur [Pan : Acgpl2351P] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Smt. Suman Malik, DR
Section 143(3)Section 147Section 148Section 40A(3)

…आयकर अपीलीय अधिकरण, धिशाखापटणम पीठ, धिशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री िी. दुगाा राि,न्याधयक सदस्य एिं श्री धड.एस. सुन्दर ससह, लेखा सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER& SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A.No.260 & 261/Viz/2012 (धििाारण िर्ा/ Assessment Years :1984-85 and 1985-86 respectively) L.Sudha Bala Vs. Dy.Commissioner of L/R of Late Sri L Narasa Reddy Income Tax Prop.Sri Venkateswara Agro Chemicals Special Range Industries Guntur 2-14-101, Syamala Nagar 2nd Lane, Guntur [PAN : ACGPL2351P] (अपीलार्थी/ Appel…

Shri Hartaj Sewa Singh, Kolkata vs. ACIT(It), Circle - 1(1), Kolkata

Appeal is allowed

ITA 1524/KOL/2018[2010-11]Status: DisposedITAT Kolkata12 Oct 2018AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1524/Kol/2018 Assessment Year : 2010-11

For Appellant: Shri S. M .Surana, AdvocateFor Respondent: Shri Robin Choudhury, Addl. CIT Sr.DR
Section 143(3)Section 68Section 69

…ITR 220 (P&H) & Travancore Cements 305 ITR 170 (Ker) where it was held that the AO could not assess income in respect of issues unconnected with the issue for which the notice was issued. However, Explanation 3 does not affect the judgments in Shri. Ram Singh 306 ITR 343 (Raj) & Atlas Cycle Industries 180 ITR 319 (P&H) where it was held that if the AO accepted that the reasons for which the notice was issued were not correct, he would cease to have jurisdiction to proceed with the reassessment; (iv) Explanation 3 lifts the embargo inserted by judicial interpretation on the making of a s. 147 assessment in respec…

Madhuri Dhananjauy Marathe, Nashik vs. Income-Tax Officer, Ward - 1(4), Nashik

In the result, both the appeals of the assessee are partly allowed

ITA 1640/PUN/2017[2010-11]Status: DisposedITAT Pune30 Aug 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1639 & 1640/Pun/2017 "नधा"रण वष" / Assessment Years: 2009-10 & 2010-11 Smt. Madhuri Dhananjay Marathe, 3, Yashodhara Apartment, Chinchkhed Road, At Post Pimpalgaon (B), Taluka- Niphad, Nashik Pan : Amjpm4024B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Pramod ShingteFor Respondent: Shri Pankaj Garg
Section 143(3)Section 147Section 148Section 44A

…income in respect of any other issue though the reasons for such issue had not been included in the reasons recorded under section 148(2). 14. The second line of precedent is reflected in a judgment of the Rajasthan High Court in CIT v. Shri Ram Singh [2008] 306 ITR 343. The Rajasthan High Court construed the words used by Parliament in section 147 particularly the words that the Assessing Officer 'may assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings' under section 147. The Rajasthan…

Madhuri Dhananjauy Marathe, Nashik vs. Income-Tax Officer, Ward - 1(4), Nashik

In the result, both the appeals of the assessee are partly allowed

ITA 1639/PUN/2017[2009-10]Status: DisposedITAT Pune30 Aug 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1639 & 1640/Pun/2017 "नधा"रण वष" / Assessment Years: 2009-10 & 2010-11 Smt. Madhuri Dhananjay Marathe, 3, Yashodhara Apartment, Chinchkhed Road, At Post Pimpalgaon (B), Taluka- Niphad, Nashik Pan : Amjpm4024B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Pramod ShingteFor Respondent: Shri Pankaj Garg
Section 143(3)Section 147Section 148Section 44A

…income in respect of any other issue though the reasons for such issue had not been included in the reasons recorded under section 148(2). 14. The second line of precedent is reflected in a judgment of the Rajasthan High Court in CIT v. Shri Ram Singh [2008] 306 ITR 343. The Rajasthan High Court construed the words used by Parliament in section 147 particularly the words that the Assessing Officer 'may assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings' under section 147. The Rajasthan…

Shri Dinesh Agarwal HUF, Jaipur vs. Income Tax Officer, Jaipur

In the result, appeal of the assessee is allowed

ITA 540/JPR/2018[2009-10]Status: DisposedITAT Jaipur25 Jul 2018AY 2009-10
For Appellant: Shri Rakesh Kumar Kabra (CA)For Respondent: Smt. Runi Pal (JCIT)
Section 139Section 147Section 148Section 148(2)Section 2

…income in respect of any other issue though the reasons for such issue had not been included in the reasons recorded under section 148(2). 14. The second line of precedent is reflected in a judgment of the Rajasthan High Court in CIT v. Shri Ram Singh [2008] 306 ITR 343 . The Rajasthan High Court construed the words used by Parliament in section 147 particularly the words that the Assessing Officer 'may assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes 6 ITA 540/JP/2018 Dinesh Kr. Agarwal Vs ITO to his notice subsequently in the course of the…

Binoy Poddar, Kolkata vs. ITO, Ward - 33(1), Kolkata

In the result the appeal of the assessee is allowed

ITA 831/KOL/2018[2007-08]Status: DisposedITAT Kolkata25 Jul 2018AY 2007-08

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am] Assessment Year : 2007-08

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri D.C. Mondal, CIT(DR)
Section 143(1)Section 143(3)Section 147Section 250

…in ITA No.74/Kol/2012 order dated 22.05.2015, wherein the judgement of Hon’ble Bombay High Court in the case of CIT vs Jet Airways (I) Ltd (2011) 331 ITR 236 (Bom) and the judgment of the Hon’ble Rajasthan High Court in the case of CIT vs Shr Ram Singh (2008) 306 ITR 343(Raj) were followed. 6. On merits it was submitted that when the purchases were accepted as genuine and no addition made, the conclusion that the bill would have been inflated, cannot be factually sustained. The ld. Departmental Representative relies on the order of the AO. 7. On a conspectus of the matter, I am of the view that inference drawn…

Dhara Singh, Ghaziabad vs. ITO, Ward-1(2), Ghaziabad

In the result, the Appeal filed by the Assessee stands allowed

ITA 2213/DEL/2018[2012-13]Status: DisposedITAT Delhi20 Jul 2018AY 2012-13

Bench: Shri H.S. Sidhu & Shri T.S. Kapooray: 2012-13 Dhara Singh Ito, Ward 1(2), C/O Rupinder Kumar Vs. Ghaziabad Aggarwal, Uttar Pradesh Advocate, Ab-1A/22, Sector-51, Noida -201301 (Pan: Czjps0155A) (Assessee) (Respondent)

For Appellant: Sh. Gautam Jain, Adv., ShFor Respondent: Sh. V.K. Jiwani, Sr. DR
Section 144Section 147Section 148Section 234BSection 234CSection 48Section 50CSection 54F

…e instant assessment year. Reliance was also placed on the following judgments: i) 336 ITR 136 (Del) M/s Ranbaxy Laboratories Ltd. v. CIT ii) 331 ITR 236 (Bom)CIT v. M/s Jet Airways (I) Ltd. iii) 354 ITR 549 (Del) CIT v. Cheil Communication India (P) Ltd. iv) 306 ITR 343 (Raj) CIT v. Shri Ram Sing v) 341 ITR 240 (Del) CIT v. Software Consultants vi) 355 ITR 172 (Guj) CIT v. Mohmed Juned Dadani vii) 394 ITR 733 (Mad Martech Peripherals (P) Ltd. v. DIT) 8 It was also submitted that action u/s 147 has been taken mechanically on the basis of AIR information and based on non application of mind and, therefore the pr…

DCIT, Chennai vs. The Official Liquidator M/S. Mascon Global Ltd. (in Liquidation), Chennai

Accordingly, the ground raised by the Revenue is dismissed

ITA 634/CHNY/2017[2009-10]Status: DisposedITAT Chennai22 Jun 2018AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

For Appellant: NoneFor Respondent: Shri Srinivasa Rao, CIT
Section 143(1)Section 143(3)Section 147Section 148

…t under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances. By relying on the 4 I.T.A. No.1139/Chny/08, 1135/Chny/10 & C.O. No. 69/Chny/17, 1136/Chny/10 & 632-634/Chny/17 decision in the case of CIT v. Shri Ram Singh 306 ITR 343 (Raj), the assessee contended before the ld. CIT(A) that the reassessment order under section 143(3) r.w.s. 147 of the Act cannot survive and deserves to be annulled. However, the ld. CIT(A) held that the reassessment proceedings are validly initiated and sustained the reassessment order. 2.5. Now, the question arises for consideration is when n…

DCIT, Chennai vs. The Official Liquidator M/S. Mascon Global Ltd. (in Liquidation), Chennai

Accordingly, the ground raised by the Revenue is dismissed

ITA 633/CHNY/2017[2004-05]Status: DisposedITAT Chennai22 Jun 2018AY 2004-05

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddy

For Appellant: NoneFor Respondent: Shri Srinivasa Rao, CIT
Section 143(1)Section 143(3)Section 147Section 148

…t under section 143(3) r.w.s. 147 of the Act has been completed by making various other disallowances. By relying on the 4 I.T.A. No.1139/Chny/08, 1135/Chny/10 & C.O. No. 69/Chny/17, 1136/Chny/10 & 632-634/Chny/17 decision in the case of CIT v. Shri Ram Singh 306 ITR 343 (Raj), the assessee contended before the ld. CIT(A) that the reassessment order under section 143(3) r.w.s. 147 of the Act cannot survive and deserves to be annulled. However, the ld. CIT(A) held that the reassessment proceedings are validly initiated and sustained the reassessment order. 2.5. Now, the question arises for consideration is when n…