CIT v. Sil Investments Ltd.

339 ITR 166High Court2011#11558 most cited

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Judgments citing CIT v. Sil Investments Ltd.

DCIT, CHENNAI vs. B.V.REDDY ENTERPRISES PVT LTD., CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 1914/CHNY/2019[2010-11]Status: DisposedITAT Chennai04 Nov 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.1914/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 The Deputy Commissioner Of Vs. M/S. B.V. Reddy Enterprises Pvt. Ltd., Income Tax, New No. 21/Old No. 10A, First Floor, Corporate Circle 1(2), Umayal Road, Kilpauk, Chennai 600 034. Chennai 600 010. [Pan:Aaccn2252L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Johnson, Addl. Cit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.09.2022 घोषणा की तारीख /Date Of Pronouncement 04.11.2022 : आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 29.03.2019 Relevant To The Assessment Year 2010-11. 2. Facts Are, In Brief, That The Assessee Filed Its Return Of Income For The Assessment Year 2010-11 On 13.10.2010 Admitting Total Income Of ₹.15,50,25,060/-. The Assessing Officer Has Completed The Assessment Under Section 143(3) Of The Income Tax Act, 1961 [“Act” In Short] Dated

For Appellant: Shri G. Johnson, Addl. CITFor Respondent: Shri S. Sridhar, Advocate

Section 14Section 143(2)Section 143(3)Section 147Section 148

…tion 148 having been issued after the expiry of period of four years from the end of the relevant assessment years, the very initiation of proceedings under section 147 stood vitiated and could not be sustained.” 7.7 In the case of CIT v. Sil Investments Ltd. 339 ITR 166, the Hon’ble Delhi High Court has observed and held as under: “The assessments of the assessee for the assessment years 2001-02 and 2002-03 were reopened after four years on the ground that an amendment to section 80HHC of the Income-tax Act, 1961, had been made with retrospective effect from April 1, 1998. The conditions were not there in sectio…

R.RAJAGOPAL TONDAIMAN,TRICHY vs. DCIT CENTRAL CIRCLE-1, TRICHY

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

ITA 525/CHNY/2020[2010-11]Status: DisposedITAT Chennai12 Oct 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.525/Chny/2020 िनधा"रण वष"/Assessment Year: 2010-11 Sri R. Rajagopal Tondaiman, Vs. The Deputy Commissioner Of Old No. 4-D, New No. 22, Collector Income Tax, Office Road, Trichy 620 001. Central Circle 1, Trichy. [Pan:Afbpr0712E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Viswanathan, Ca ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 15.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Trichy, Dated 30.12.2019 Relevant To The Assessment Year 2010-11. 2. Facts Are, In Brief, That The Assessee Is A Hereditary Of Raja Of Pudukottai & Stated That He Is Assessed To Tax In The Status Of Huf & Individual. The Property At Cenotaph Road, Chennai Was Given To M/S. Doshi Housing Ltd. On A Development Agreement Entered Into On 30.01.2006 Through A Power Of Attorney. The Assessing Officer Has 2

For Appellant: Shri R. Viswanathan, CAFor Respondent: Shri G. Johnson, Addl. CIT

Section 143(3)Section 147Section 148Section 54F

…tion 148 having been issued after the expiry of period of four years from the end of the relevant assessment years, the very initiation of proceedings under section 147 stood vitiated and could not be sustained.” 6.4 In the case of CIT v. Sil Investments Ltd. 339 ITR 166, the Hon’ble Delhi High Court has observed and held as under: “The assessments of the assessee for the assessment years 2001-02 and 2002-03 were reopened after four years on the ground that an amendment to section 80HHC of the Income-tax Act, 1961, had been made with retrospective effect from April 1, 1998. The conditions were not there in sectio…

PRINCE GOLD & DIAMONDS INDIA P LTD,CHENNAI vs. DCIT,CC-1(4), CHENNAI

In the result, both the appeals filed by the assessee are allowed

ITA 428/CHNY/2021[2012-13]Status: DisposedITAT Chennai03 Aug 2022AY 2012-13

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.427 & 428/Chny/2021 िनधा"रण वष"/Assessment Years: 2011-12 & 2012-13 M/S. Prince Gold & Diamonds India Vs. The Deputy Commissioner Of P. Ltd., 3, Nana Street, T. Nagar, Income Tax, Chennai 600 017. Central Circle 1(4), Chennai. [Pan: Aaecp1891R] (अपीलाथ" /Appellant) (""थ"/Respondent) Assessee By : Shri D. Palanivel, Advocate Department By : Ms. L. Jancy Elizabeth Rani, Jcit सुनवाई की तारीख/ Date Of Hearing 28.06.2022 : घोषणा की तारीख /Date Of Pronouncement : 03.08.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Both Dated 31.08.2021 Relevant To The Assessment Years 2011-12 & 2012-13. Besides Challenging Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 [“Act”], The Assessee Has Also Disputed The Confirmation Of Disallowance Of Purchase On Merits In Both The Assessment Years Under Consideration.

For Appellant: Shri D. Palanivel, AdvocateFor Respondent: Ms. L. Jancy Elizabeth Rani, JCIT

Section 143(2)Section 143(3)Section 147Section 148

…he expiry of period of four years from the end of the relevant assessment years, the very initiation of proceedings under section 147 stood vitiated and could not be sustained.” 12 I.T.A. Nos. 427 & 428/Chny/21 6.4 In the case of CIT v. Sil Investments Ltd. 339 ITR 166, the Hon’ble Delhi High Court has observed and held as under: “The assessments of the assessee for the assessment years 2001-02 and 2002-03 were reopened after four years on the ground that an amendment to section 80HHC of the Income-tax Act, 1961, had been made with retrospective effect from April 1, 1998. The conditions were not there in sectio…

PRINCE GOLD & DIAMONDS INDIA P LTD,CHENNAI vs. DCIT, CC-1(4), CHENNAI

In the result, both the appeals filed by the assessee are allowed

ITA 427/CHNY/2021[2011-12]Status: DisposedITAT Chennai03 Aug 2022AY 2011-12

For Appellant: Shri D. Palanivel, AdvocateFor Respondent: Ms. L. Jancy Elizabeth Rani, JCIT

Section 143(2)Section 143(3)Section 147Section 148

ACIT NON CORPORATE CIRCLE 7(1) , CHENNAI vs. P.JANAKIRAMAN, CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 2079/CHNY/2017[2008-09]Status: DisposedITAT Chennai29 Jul 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.2079/Chny/2017 िनधा"रण वष"/Assessment Year: 2008-09 The Assistant Commissioner Of Vs. Shri P. Janakiraman, Income Tax, New No. 2, Old No. 3, R-Block, Plot No. 3822, 6Th Avenue, Non Corporate Circle 7(1), 121, M.G. Road, Chennai 600 034. Anna Nagar, Chennai 600 040. [Pan:Aajpj1327J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 24.06.2022 घोषणा की तारीख /Date Of Pronouncement : 29.07.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 23.06.2017 Relevant To The Assessment Year 2008-09 Quashing The Reassessment Order Passed Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Sajit Kumar, JCITFor Respondent: Shri S. Sridhar, Advocate

Section 143(1)Section 143(3)Section 148Section 40

…ter the expiry of period of four years from the end of the relevant assessment years, the very initiation of proceedings under section 147 stood vitiated and could not be sustained.” 12 I.T.A. No. 2079/Chny/17 11.4 In the case of CIT v. Sil Investments Ltd. 339 ITR 166, the Hon’ble Delhi High Court has observed and held as under: “The assessments of the assessee for the assessment years 2001-02 and 2002-03 were reopened after four years on the ground that an amendment to section 80HHC of the Income-tax Act, 1961, had been made with retrospective effect from April 1, 1998. The conditions were not there in sectio…

ACIT, CHENNAI vs. B.V.REDDY ENTERPRISES PVT. LTD., CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 3293/CHNY/2016[2008-09]Status: DisposedITAT Chennai29 Jul 2022AY 2008-09

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3293/Chny/2016 िनधा"रण वष"/Assessment Year: 2008-09 The Assistant Commissioner Of Vs. M/S. B.V. Reddy Enterprises Pvt. Ltd., New No. 21/Old No. 10A, 1St Floor, Income Tax, Corporate Circle 1(2), Umayal Road, Kilpauk, Chennai 600 034. Chennai 600 010. [Pan:Aaccn2252L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri N. Arjunraj, Ca For Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 27.06.2022 घोषणा की तारीख /Date Of Pronouncement 29.07.2022 : आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 28.09.2016 Relevant To The Assessment Year 2008-09. 2. Facts Are, In Brief, That The Assessee Filed Its Return Of Income For The Assessment Year 2008-09 On 13.09.2008 Disclosing Total Income Of ₹.1,83,53,540/- After Setting Off Of Carry Forward Loss Of ₹.9,67,40,138/-.

For Appellant: Shri D. Hema Bhupal, JCITFor Respondent: Shri N. Arjunraj, CA for Shri S. Sridhar, Advocate

Section 139Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 14A

…tion 148 having been issued after the expiry of period of four years from the end of the relevant assessment years, the very initiation of proceedings under section 147 stood vitiated and could not be sustained.” 7.7 In the case of CIT v. Sil Investments Ltd. 339 ITR 166, the Hon’ble Delhi High Court has observed and held as under: 14 I.T.A. No. 3293/Chny/16 “The assessments of the assessee for the assessment years 2001-02 and 2002-03 were reopened after four years on the ground that an amendment to section 80HHC of the Income-tax Act, 1961, had been made with retrospective effect from April 1, 1998. The condit…

VIALLE ALTERNATIVE FUEL SYSTEMS PVT. LTD.,NEW DELHI vs. ITO, WARD- 17(2), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 4134/DEL/2017[2005-06]Status: DisposedITAT Delhi20 Jan 2022AY 2005-06

Bench: Shri N.K. Billaiya & Shri Challa Nagendra Prasad

For Appellant: Shri K.V.S.R Krishna, AdvFor Respondent: Shri Mrinal Kumar Das, Sr. DR

Section 115JSection 143(3)

…ment which was introduced retrospectively was not there. 14. The law cannot contemplate the performance of an impossible act. For this proposition, we draw support from the decision of the Hon'ble Jurisdictional High Court in the case of SIL Investment Ltd 339 ITR 166. 15. The Hon'ble High Court of Bombay in the case of DIL ltd 343 ITR 296 has held as under: “Held, allowing the petition, that the reasons for reopening contained no reference to there being any failure on the part of the assessee to fully and truly disclose all material facts necessary for assessment. The primary requirement set out in the pro…

HARYANA DISTILLERY LTD.,NEW DELHI vs. DCIT, CIRCLE- 11(1), NEW DELHI

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

ITA 1452/DEL/2018[2008-09]Status: DisposedITAT Delhi20 Nov 2018AY 2008-09

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2008-09 Haryana Distillery Ltd., Vs. Dcit, 16, Community Centre, Circle-11(1), New Friends Colony, New Delhi. New Delhi. Pan: Aabch0933K (Appellant) (Respondent) Assessee By : Shri K. Sampath, Advocate Shri Raj Kumar, Advocate Revenue By : Shri Arun Kumar Yadav, Sr. Dr Date Of Hearing : 31.08.2018 Date Of Pronouncement : 20.11.2018 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 4Th December, 2017 Of The Cit(A)-35, New Delhi Relating To Assessment Year 2008-09. 2. The Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 31St March, 2010 Declaring Income At Rs.1,73,82,410/-. The Assessment U/S 143(3) Of The Act Was Completed On 30Th December, 2010 At An Income Of Rs.1,73,93,322/-. Subsequently, The Assessing Officer Reopened The Assessment U/S 147 Of The Act By Recording The Following Reasons:-

For Appellant: Shri K. Sampath, AdvocateFor Respondent: Shri Arun Kumar Yadav, Sr. DR

Section 143(2)Section 143(3)Section 147Section 148Section 151(2)Section 68

…) NTPC Ltd. vs. DCIT (2013) 350 ITR 614 (Del); v) DIT vs. Mc Donalds Corporation (2013) 213 Taxman 26 (Del); vi) BLB Limited vs. ACIT (2012) 343 ITR 129 (Del); vii) CIT vs. Noble Resources (2011) 202 Taxman 223 (Del); viii) CIT vs. Sil Investments Ltd. (2011) 339 ITR 166 (Del); ix) D.T. & T.D.C. Ltd. ACIT (2010) 324 ITR 234 (Del); x) JSRS Udyog Ltd. vs. ITO (2009) 313 ITR 321 (Del); xi) Wel Intertrade P. Ltd. vs. ITO (2009) 308 ITR 22 (Del); xii) CIT vs. Indian Farmers Fert. (2008) 171 Taxman 379 (Del); xiii) CIT vs. Foramer France (2003) 264 ITR 566 (SC); xiv) ITO vs. Madnani Engineering Works Ltd. (1979) 118 IT…

M/S R. SYSTEMS INTERNATIONAL LTD.,,NEW DELHI vs. ITO, NEW DELHI

ITA 1729/DEL/2013[2004-05]Status: DisposedITAT Delhi22 Apr 2016AY 2004-05

Bench: Shri G.D. Agrawal & Shri Kuldip Singh

For Appellant: Shri Satyen Sethi, AdvocateFor Respondent: Shri R.S. Negi, Senior DR

Section 10BSection 115JSection 143Section 143(3)Section 147Section 148Section 2Section 234BSection 234D

…o fRs.1,36,64,830/-, however, tax 10 ITA No.1729/Del./2013 under the said provision was not charged….. The omission resulted in short levy of Rs.10.71 lakh.” 17. Hon’ble jurisdictional High Court in judgment cited as CIT vs. Sil Investments Ltd. – (2011) 339 ITR 166 has also dealt with identical issue “as to whether assessment can be reopened on the basis of retrospective amendment after the expiry of four years” and answered in the negative by making following observations :- “Section 147/148 read with section 80HHC of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts…