CIT v. Sun Engineering Works (P) Ltd.

198 ITR 297Supreme Court of India1992#61 most cited

What is CIT v. Sun Engineering Works (P) Ltd. authority for?

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

814

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2007 to 2026.

Also referred to as

CIT v. Sun Engineering Works · 198 ITR 297 · Supreme Court 1992 · judgment interpretation · scope of decision · questions framed · judicial precedent · Section 147 · reassessment · income escaping assessment

Also reported as

64 Taxmann 442107 CTR 209

Sections most often in play

Section 143(3)Section 147Section 148Section 153ASection 132Section 143(2)Section 143(1)Section 14A
Read the full judgment

Issues it is cited on

section 2(viii)section 56(viii)section 45(5)(c)section 155(16)section 23(1a)section 104section 45(5)(b)section 145b(1)section 194lakeyman insurancesection 160section 23(2)

Judgments citing CIT v. Sun Engineering Works (P) Ltd.

Sivapothuluru Veerareddy Gadluru, Hyderabad vs. Asst.Commissioner of Income Tax, Circle-2(2), Hyderabad

Appeals are treated as allowed for statistical purposes in above terms

ITA 1685/HYD/2017[2007-08]Status: DisposedITAT Hyderabad30 Apr 2021AY 2007-08

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri M.V.Anil Kumar, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)Section 147Section 148Section 153ASection 2(14)Section 50C

…to record his reasons to this effect. The assessee’s former grievance identical in both appeals stand rejected. 7. Next comes the latter issue of Section 50C addition on merits. The Revenue’s only argument quote CIT Vs. Sun Engineering Works P. Ltd, (1992) [198 ITR 297] (SC) that the :- 14 -: ITA Nos. 1685 & 1686/Hyd/2017 issue of assessee’s land sold not forming a capital asset u/s.2(14) of the Act ought not to be allowed to be raised in Section 148/147 proceedings since the same is meant for the specific purpose to tax the income escaping assessment for the benefit of the department only. This argument fails…

Spr Infrastructure India Limited, Hyderabad vs. DCIT, Circle-3(2), Hyderabad

Appeals are allowed in above terms

ITA 638/HYD/2017[2007-08]Status: DisposedITAT Hyderabad29 Apr 2021AY 2007-08

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu(Through Virtual Hearing)

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Smt. Nivedita Biswas (D.R)
Section 133ASection 143(2)Section 143(3)Section 147Section 148

…eturn required to be furnished u/s 139 and consequently, the appellant was entitled, all over again, to revise its returns of income. I do not agree with this view of the AR for reasons discussed below. Firstly, as held in the case of CIT v Sun Engg Works Ltd 198 ITR 297 (SC), proceedings u/s 147 are for the benefit of the revenue and not for the benefit of Assessee. The mere fact of issue of notice u/s 148 is not meant to give a fresh lease of life to Assessee and enable it to resort to all the benevolent provisions of the Act for its benefit. The deeming provisions of sec.148(1), deeming a return filed under it…

Zenitex, Surat vs. Assistant Director of Income Tax, CPC, Bengaluru

In the result, all appeals filed by the assessee, are allowed for statistical purposes

ITA 226/SRT/2021[2018-19]Status: DisposedITAT Surat31 Mar 2021AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.147 & 234/Srt/2021 ("नधा"रणवष" / Assessment Years: (2018-19 To 2019-20) (Virtual Court Hearing) Rekha R. Shokla, Vs. The Dcit, Cpc, G-3, Deepanjali Appartment, Sai Bangalore. Krupa Society, No.4-Airport Road, Nani Daman. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bgyps2563M (Appellant) (Respondent) आयकरअपीलसं./Ita No.150/Srt/2021 ("नधा"रणवष" / Assessment Year: (2018-19) Riddhi Siddhi Prints Pvt. Ltd., Vs. The Dcit, Cpc, 75-1 & 75-2, Gidc, Pandesara, Bangalore. Surat-394221, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7050C (Appellant) (Respondent) आयकरअपीलसं./Ita No.160/Srt/2021 ("नधा"रणवष" / Assessment Year: (2019-20) Chinco Textiles, Vs. The Acit, Cpc, Plot No.104, Road No.7, Gidc Bangalore. Sachin, Surat-394230. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefc0028N (Appellant) (Respondent) आयकरअपीलसं./Ita Nos.201 & 202/Srt/2021 ("नधा"रणवष" / Assessment Years: (2018-19 To 2019-20) Shree Laxminarayan Synthetics, Vs. The Dcit, Circle-2(1)(1), Plot No.275/2, Gidc, Pandesara, Surat. Surat, Gujarat-394221. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakfs5319N (Appellant) (Respondent) आयकरअपीलसं./Ita No.224 & 225/Srt/2021 ("नधा"रणवष" / Assessment Year: (2018-19 To 2019-20) Tirupati Prints, Vs. The Adit, Cpc, S. No.207, Plot No.37 To 40, Bangalore. Bamroli Taluka: Choryasi, Surat-394221, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabft4240J (Appellant) (Respondent)

Section 143(1)Section 36

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM आयकरअपीलसं./ITA Nos.147 & 234/SRT/2021 ("नधा"रणवष" / Assessment Years: (2018-19 to 2019-20) (Virtual Court Hearing) Rekha R. Shokla, Vs. The DCIT, CPC, G-3, Deepanjali Appartment, Sai Bangalore. Krupa Society, No.4-Airport Road, Nani Daman. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: BGYPS2563M (Appellant) (Respondent) आयकरअपीलसं./ITA No.150/SRT/2021 ("नधा"रणवष" / Assessment Year: (2018-19) Riddhi Siddhi Prints Pvt. Ltd., Vs. The DCIT, CPC, 75-1 and 75-2, GIDC, Pandesara, Bangalore. Surat-394221, Gujarat. "थायीलेखास…

Laxminarayan Synthetics, Surat vs. DCIT, Circle- 2(1)(1), Surat

In the result, all appeals filed by the assessee, are allowed for statistical purposes

ITA 201/SRT/2021[2018-19]Status: DisposedITAT Surat31 Mar 2021AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.147 & 234/Srt/2021 ("नधा"रणवष" / Assessment Years: (2018-19 To 2019-20) (Virtual Court Hearing) Rekha R. Shokla, Vs. The Dcit, Cpc, G-3, Deepanjali Appartment, Sai Bangalore. Krupa Society, No.4-Airport Road, Nani Daman. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bgyps2563M (Appellant) (Respondent) आयकरअपीलसं./Ita No.150/Srt/2021 ("नधा"रणवष" / Assessment Year: (2018-19) Riddhi Siddhi Prints Pvt. Ltd., Vs. The Dcit, Cpc, 75-1 & 75-2, Gidc, Pandesara, Bangalore. Surat-394221, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7050C (Appellant) (Respondent) आयकरअपीलसं./Ita No.160/Srt/2021 ("नधा"रणवष" / Assessment Year: (2019-20) Chinco Textiles, Vs. The Acit, Cpc, Plot No.104, Road No.7, Gidc Bangalore. Sachin, Surat-394230. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefc0028N (Appellant) (Respondent) आयकरअपीलसं./Ita Nos.201 & 202/Srt/2021 ("नधा"रणवष" / Assessment Years: (2018-19 To 2019-20) Shree Laxminarayan Synthetics, Vs. The Dcit, Circle-2(1)(1), Plot No.275/2, Gidc, Pandesara, Surat. Surat, Gujarat-394221. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aakfs5319N (Appellant) (Respondent) आयकरअपीलसं./Ita No.224 & 225/Srt/2021 ("नधा"रणवष" / Assessment Year: (2018-19 To 2019-20) Tirupati Prints, Vs. The Adit, Cpc, S. No.207, Plot No.37 To 40, Bangalore. Bamroli Taluka: Choryasi, Surat-394221, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabft4240J (Appellant) (Respondent)

Section 143(1)Section 36

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM आयकरअपीलसं./ITA Nos.147 & 234/SRT/2021 ("नधा"रणवष" / Assessment Years: (2018-19 to 2019-20) (Virtual Court Hearing) Rekha R. Shokla, Vs. The DCIT, CPC, G-3, Deepanjali Appartment, Sai Bangalore. Krupa Society, No.4-Airport Road, Nani Daman. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: BGYPS2563M (Appellant) (Respondent) आयकरअपीलसं./ITA No.150/SRT/2021 ("नधा"रणवष" / Assessment Year: (2018-19) Riddhi Siddhi Prints Pvt. Ltd., Vs. The DCIT, CPC, 75-1 and 75-2, GIDC, Pandesara, Bangalore. Surat-394221, Gujarat. "थायीलेखास…

ACIT Cir. 12(1)(2), Mumbai vs. Bharti Axa Life Insurance Company Ltd., Mumbai

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is allowed

ITA 2930/MUM/2019[2007-08]Status: DisposedITAT Mumbai31 Mar 2021AY 2007-08
Section 143(3)Section 147Section 149Section 151

…e cannot be subjected to jurisdictional review, is preposterous. First of all, taking out a word or sentence from the entire judgment, divorced from the context and relying upon it, is not permissible (see CIT v. Sun Engg. Works (P.) Ltd. [1992] 64 Taxman 442/198 ITR 297 (SC)). It may be useful to reproduce the context in which the sentence in Rajesh Jhaveri Stock Brokers (P.) Ltd.'s case (supra) being relied upon by the Revenue to support its case, was made. The context, is as under:— "The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially…

Anjula Goel, Parwanoo vs. DCIT, CC-II, Chandigarh

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

ITA 1174/CHANDI/2019[2015-16]Status: DisposedITAT Chandigarh12 Mar 2021AY 2015-16
For Appellant: S/Shri Ashwani Kumar, CAFor Respondent: Smt.C.Chandrakanta, CIT DR
Section 132(1)Section 132(4)Section 153ASection 153A(1)(b)Section 24Section 245D(4)Section 250(6)Section 68Section 80CSection 80T

…pending assessment and the AO is empowered to issue notice u/s 153A to assess or reassess the total income of six assessment year in which such search was conducted or requisition was made. Further, reliance is placed on the case of CIT vs Sun Engg Works Ltd 198 ITR 297(SC), wherein the Hon'ble Apex Court has held that the proceedings u/s 147 are for the benefit of the revenue and not for benefit of the assessee. Applying the same principle, proceedings u/s 153A cannot be construed to be for the benefit of assessee, so as to file a return on reduced income, by excluding income which has already been shown in the…

Ugc Buildwell Pvt. Ltd., New Delhi vs. ACIT, New Delhi

The appeals of the assessee are allowed

ITA 2155/DEL/2015[2005-06]Status: DisposedITAT Delhi12 Mar 2021AY 2005-06

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble(Through Video Conferencing)

Section 132Section 143(1)Section 153ASection 40A(3)

…n the present case, cost of land cannot be taken into determining profit u/s 28 nor for acquisition of stock-in-trade. The Ld. AR also submitted that the decisions in case of Tuticorin Alkali Chemicals & Fertilizers (supra) and CIT vs. Sun Engg Works Pvt. Ltd 198 ITR 297 (SC) are not applicable in present case. In the present case, the CIT(A) has challenged the accounts and has in effect rewritten them himself by casting a trading and profit and loss account. The action of the CIT(A) as stated supra is based on challenging the books of account by construing the activity of the assessee in the matter of purchase o…

Usg Buildwell Pvt Ltd, New Delhi vs. Deputy Commissioner of Income-Tax, New Delhi

The appeals of the assessee are allowed

ITA 1351/DEL/2015[2006-07]Status: DisposedITAT Delhi12 Mar 2021AY 2006-07

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble(Through Video Conferencing)

Section 132Section 143(1)Section 153ASection 40A(3)

…n the present case, cost of land cannot be taken into determining profit u/s 28 nor for acquisition of stock-in-trade. The Ld. AR also submitted that the decisions in case of Tuticorin Alkali Chemicals & Fertilizers (supra) and CIT vs. Sun Engg Works Pvt. Ltd 198 ITR 297 (SC) are not applicable in present case. In the present case, the CIT(A) has challenged the accounts and has in effect rewritten them himself by casting a trading and profit and loss account. The action of the CIT(A) as stated supra is based on challenging the books of account by construing the activity of the assessee in the matter of purchase o…

Bank of India, Mumbai vs. DCIT - 2(1)(1), Mumbai

In the result, the appeal is partly allowed for statistical purposes in the terms indicated above

ITA 869/MUM/2018[2012-13]Status: DisposedITAT Mumbai04 Mar 2021AY 2012-13
Section 250Section 90Section 90nSection 91

…ied upon by the learned counsel, have been made by Their Lordships are the observations made in this context, and, should, therefore, be construed as such only. As observed by Hon’ble Supreme Court in the case of CIT Vs Sun Engineering Works (Pvt) Ltd [(1992) 198 ITR 297 (SC)], “It is neither desirable nor permissible to pick out a word or a sentence from the judgment of this Court, divorced from the context of the question under consideration and treat it to be the complete 'law' declared by this Court. The judgment must be read as a whole and the observations from the judgment have to be considered in the light…

Jsw Steel Ltd., Mumbai vs. Pr. CIT - CC - 4, Mumbai

In the result, appeal of the assessee is allowed

ITA 2503/MUM/2019[2013-14]Status: DisposedITAT Mumbai24 Feb 2021AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm M/S. Jsw Steel Ltd., Vs. Principal Commissioner Of Bandra Kurla Complex Income Tax, Bandra (E) Central -4 Room No.663, 6Th Floor Mumbai- 400 051 Aayakar Bhavan, M.K.Road Mumbai Pan/Gir No. Aaacj4323N (Appellant) .. (Respondent) Assessee By Shri Rakesh Joshi Revenue By Ms. Leena Shrivastav Date Of Hearing 06/01/2021 Date Of Pronouncement 24/02/2021

Section 143(3)Section 263Section 80I

…y as the assessee has discharged its entire liability in terms of the present value of the total liability payable at future date. The ld. AR also relied on the decision of the Hon’ble Supreme Court in the case of CIT vs. Sun Engineering Works P. Ltd., (1992) 198 ITR 297 wherein it has been held that it is neither desirable nor permissible to pick out a word or a sentence from the judgement of Supreme Court divorced from the contexts of the question under consideration and treat it to be the complete law declared by the Court. The judgment must be read as a whole and the observations from the judgement have to be…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 8058/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Feb 2021AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Partially Through Video Conferencing) Dabur Invest Corp, The Joint Commissioner Of Vs. 4Th Floor, Punjabi Bhawan, 10, Income Tax , Rouse Avenue, New Delhi Range-46, Pan: Aaadfd2529G New Delhi (Appellant) (Respondent)

For Appellant: Shri M. P. Rastogi, AdvFor Respondent: Shri G. C. Srivastava, Adv
Section 143Section 4

…to be interpreted is somewhat fitted. They are not entitled to usurp legislative function under the disguise of interpretation. Similar principle has also been reiterated by the Hon‟ble Supreme Court in the case of CIT vs. Sun Engineering Works Pvt. Ltd. in 198 ITR 297. The Hon‟ble Supreme Court further observed that any observation made in the judgment has to be understood in light of question before court and not to be divorced from the context. 10. In the case of Senai Ram Dungar Mal vs. CIT in 42 ITR 392, the Hon‟ble Supreme Court has also cautioned about the approach of deciding a case based on the decisi…

Income Tax Officer (Exemption), Jaipur vs. M/S Apollo Animal Medical Group Trust, Jaipur

In the result, the grounds of appeal taken by the Revenue are dismissed

ITA 960/JPR/2018[2008-09]Status: DisposedITAT Jaipur22 Jan 2021AY 2008-09
For Appellant: Shri Rajeev Sogani (C.A.) &For Respondent: Smt Runi Pal (Add.CIT) fu/kZkfjrh dh vksj ls@
Section 11Section 12ASection 13(1)(c)Section 13(3)Section 143(3)Section 147Section 148Section 151

…4.1.2. The AO after considering the details furnished by the assessee, noted certain defects with regard to the non- compliance of provisions of sec. 11(2)(b) and 11(5) and 13(3). The Hon'ble Supreme Court in the case of CIT v. Sun Engineering Works (P) Ltd. [198 ITR 297 (SC)] held that proceedings u/s. 147 are for the benefit of revenue and are aimed at gathering the "escaped income" of an assessee. It ITA No. 960/JP/2018 & CO No.05/JP/2020 9 M/s Apollo Animal Medical Group Trust vs. ITO (E) has been held by the Hon'ble Supreme Court that although for reassessment of income there must exist reasons to believe t…

The DCIT, Circle-1, Ahmedabad vs. Aia Engineering Ltd., Ahmedabad

In the result, ITA Appeals 1766/Ahd/12, 2342/Ahd/15, 2343/Ahd/2015,

ITA 1766/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad04 Jan 2021AY 2008-09
For Appellant: Shri T.P. Hemani, Sr. A.R. &For Respondent: Shri Vinod Tanwani, Sr. D.R
Section 143(2)Section 143(3)

…view of these discussions, the reliance placed on Vodafone India Services (supra) is also equally misplaced and devoid of legally sustainable merits. In any case, as is noted by Hon'ble Supreme Court in the case of CIT Vs Sun Engineering Works Pvt Ltd (1992) 198 ITR 297 (SC)], "It is neither desirable nor permissible to pick out a word or a sentence from the judgment of this Court, divorced from the context of the question under consideration and treat it to be the complete "law" declared by this Court. The judgment must be read as a whole and the observations from the judgment have to be considered in the light…

Aia Engineering Ltd., Ahmedabad vs. The Dy.CIT., Circle-1, Ahmedabad

In the result, ITA Appeals 1766/Ahd/12, 2342/Ahd/15, 2343/Ahd/2015,

ITA 1757/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad04 Jan 2021AY 2008-09
For Appellant: Shri T.P. Hemani, Sr. A.R. &For Respondent: Shri Vinod Tanwani, Sr. D.R
Section 143(2)Section 143(3)

…view of these discussions, the reliance placed on Vodafone India Services (supra) is also equally misplaced and devoid of legally sustainable merits. In any case, as is noted by Hon'ble Supreme Court in the case of CIT Vs Sun Engineering Works Pvt Ltd (1992) 198 ITR 297 (SC)], "It is neither desirable nor permissible to pick out a word or a sentence from the judgment of this Court, divorced from the context of the question under consideration and treat it to be the complete "law" declared by this Court. The judgment must be read as a whole and the observations from the judgment have to be considered in the light…

DCIT, Circle-2(2), New Delhi vs. Anant Raj Ltd., New Delhi

The appeal is allowed partly as indicated above

ITA 5238/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Nov 2020AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…s null and void and necessary income-tax paid on the declared capital gain on the said property and so assessed should be refunded cannot be accepted under reopening proceedings. By relying upon the judgment of the Apex court in Sun Engineering Works (P) Ltd. 198 ITR 297, the CIT(A) held that the benefit claimed by the assessee through the revised return is not maintainable. 17. As regards the depreciation, the CIT(A) held that the property being the plots of land and building which was the subject matter of sale and transfer was included in the block of assets but it was neither used for purpose of business nor…

DCIT, Circle-2(2), New Delhi vs. Anant Raj Ltd., New Delhi

The appeal is allowed partly as indicated above

ITA 5237/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…s null and void and necessary income-tax paid on the declared capital gain on the said property and so assessed should be refunded cannot be accepted under reopening proceedings. By relying upon the judgment of the Apex court in Sun Engineering Works (P) Ltd. 198 ITR 297, the CIT(A) held that the benefit claimed by the assessee through the revised return is not maintainable. 17. As regards the depreciation, the CIT(A) held that the property being the plots of land and building which was the subject matter of sale and transfer was included in the block of assets but it was neither used for purpose of business nor…

Anant Raj Ltd., New Delhi vs. DCIT, Circle-2(2), New Delhi

The appeal is allowed partly as indicated above

ITA 4736/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…s null and void and necessary income-tax paid on the declared capital gain on the said property and so assessed should be refunded cannot be accepted under reopening proceedings. By relying upon the judgment of the Apex court in Sun Engineering Works (P) Ltd. 198 ITR 297, the CIT(A) held that the benefit claimed by the assessee through the revised return is not maintainable. 17. As regards the depreciation, the CIT(A) held that the property being the plots of land and building which was the subject matter of sale and transfer was included in the block of assets but it was neither used for purpose of business nor…

DCIT, Central Circle - 1(1), Kolkata vs. M/S. Alembic Merchants Pvt. Ltd., Kolkata

In the result, the appeal of revenue fails

ITA 1826/KOL/2018[2009-10]Status: DisposedITAT Kolkata20 Nov 2020AY 2009-10

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Hon’Ble Shri A. T. Varkey, Jm Assessment Year: 2009-10 Dcit, Central Cir-1(1), Kolkata Vs. M/S. Alembic Merchants Pvt. Ltd Pan: Aacca 0918Q Appellant Respondent

Section 142(1)Section 147Section 148Section 153(2)Section 68

…me cannot be subjected to jurisdictional review, is preposterous. First of all, taking out a word or sentence from the entire judgment, divorced from the context and relying upon it, is not permissible (see CIT v. Sun Engg. Works (P) Ltd. [l992] 64 Taxman 442/198 ITR 297 (SC). It may be useful to reproduce the context in which the sentence in Rajesh Jhaveri Stock Brokers (P) Ltd. 's case (supra) being relied upon by the Revenue to support its case, was made. The context, is as under: "The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially d…

Designarch Infrastructure P.Ltd, New Delhi vs. ITO, Ward-7(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 8199/DEL/2019[2010-11]Status: DisposedITAT Delhi21 Oct 2020AY 2010-11

Bench: Sh. K. N. Charydr. B. R. R. Kumar(Through Video Conferencing) Ita No. 8199/Del/2019 : Asstt. Year : 2010-11 Designarch Infrastructure Pvt. Ltd., Vs. Income Tax Officer, L-7A(Lgf), South Extension, Part-Ii, Ward-7(1), New Delhi-110049 New Delhi-110002 (Appellant) (Respondent) Pan No. Aacfi4218C Assessee By : Sh. Raj Kumar, Ca Revenue By : Sh. Jagdish Singh, Sr. Dr Date Of Hearing: 12.10.2020 Date Of Pronouncement: 21.10.2020

For Appellant: Sh. Raj Kumar, CAFor Respondent: Sh. Jagdish Singh, Sr. DR
Section 127(1)Section 143(3)Section 147Section 148Section 151Section 68

…aside and the whole assessment proceedings start afresh and the Assessing Officer has power to levy taxes on the entire income which has escaped assessment. The learned counsel relied upon the cases of Supreme Court in CIT v. Sun Engg. Works (P.) Ltd. [1992] 198 ITR 297/64 10 Designarch Infrastructure Pvt. Ltd. Taxman 442 and V. Jaganmohan Rao v. CIT/CEPT [1970] 75 ITR 373. On the other hand learned counsel for the assessee submitted that the words, 'and also' in section 147 signify that unless the Assessing Officer assesses the income with respect to which he has formed reason to believe within the meaning of…

Mehta Equities Limited, Mumbai vs. DCIT -4 (2) (2), Mumbai

In the result, this appeal by the assessee is partly allowed for statistical purposes

ITA 5850/MUM/2019[2012-13]Status: DisposedITAT Mumbai14 Oct 2020AY 2012-13
Section 115JSection 143(3)Section 14ASection 36

…ble Chief Justice K.L. Stone that whole of sum of bonus payable to shareholder employee in that case was allowable as deduction under the provisions of section 10(2)(x). We note that Hon'ble Supreme Court in the case of CIT Vs. Sun Engineering Work Pvt. Ltd. (198 ITR 297 (SC) has expounded that quoting lines from the decisions dehorse its context is not permissible. We further note that the decision of Special bench in the case of Dalai & Broacha Stock Broking Pvt. Ltd. (supra) quoted by the Assessing Officer is also only paragraph/passage of the said judgement. The said Judgement of Special Bench was based upon…