CIT v. TCP Ltd.

323 ITR 346High Court2010#6984 most cited

What is CIT v. TCP Ltd. authority for?

A notice under section 148 for reassessment under section 147 cannot be issued when the time limit for issuing a notice under section 143(2) for assessment under section 143(3) is still available.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v TCP Ltd · section 148 · section 147 · section 143(2) · section 143(3) · reassessment notice · time limit for notice · assessment procedure

Sections most often in play

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 263

Issues it is cited on

section 145(1)section 211section 10(1)section 42section 145(2)project completion methodsection 43cjdatrcpercentage completion methodsection 2(47)principal officer

Judgments citing CIT v. TCP Ltd.

Pamela Bhardwaj, Karnal vs. ITO, Ward- 3, Karnal

ITA 2595/DEL/2018[2014-15]Status: DisposedITAT Delhi25 Jul 2025AY 2014-15

Bench: Ms. Madhumita Roy & Khettra Mohan Royassessment Year: 2014-15

Section 143(3)Section 147Section 148Section 151Section 263Section 263(1)

…P a g e | 1 Pamela Bhardwaj (AY: 2014-15) IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE Ms. MADHUMITA ROY, JUDICIAL MEMBER AND KHETTRA MOHAN ROY, ACCOUNTANT MEMBER Assessment Year: 2014-15 Pamela Bhardwaj, Vs Income-tax Officer, H. No. 207, Sector-6, Ward-3, Karnal. Urban Estate, Karnal. PAN: AKZPB 3402 G APPELLANT RESPONDENT Assessee represented by Shri Somil Agarwal, Adv; & Ms. Shilpa Gupta, CA Department represented by Ms. Monika Singh, CIT(DR) Date of hearing 03.06.2025 Date of pronouncement 25.07.2025 O R D E R PER Ms. MADHUMITA ROY, JM: The instant appeal, preferred by the as…

DCIT, New Delhi vs. M/S. Sahara India Power Corporation Ltd., Pune

In the result, the appeal filed by the revenue for the AY 2005-06 in I

ITA 5067/DEL/2013[2005-06]Status: PendingITAT Delhi28 Apr 2023AY 2005-06

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Shri Ajay VohraFor Respondent: Shri Kanv Bali

…of assessment u/s 143(3).In this connection, he placed reliance on the .judgment of the Hon'ble Delhi High Court in the case of KLM Royal Dutch Airways vs. A.D.I.T. 292 ITR 49 (Del.). Similar view has been taken in the following judgment: C.I.T. Vs TCP Ltd. 323 ITR 346(Mad.). C.I.T. Vs Qatalys Software Technologies Ltd. 308 ITR 249 (Mad.). In the case of C.I.T. Vs TCP Ltd. The Horeble Madras High Court has held as follow: "That the Tribunal was right in holding that notice under section 148 of the Income Tax Act could not be issued for making an assessment under section 147 of the Act, when time limit was 74 AN…

Sahara India Power Corporation Ltd, Pune vs. DCIT, New Delhi

In the result, the appeal filed by the revenue for the AY 2005-06 in I

ITA 1155/DEL/2009[2004-05]Status: DisposedITAT Delhi28 Apr 2023AY 2004-05

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Shri Ajay VohraFor Respondent: Shri Kanv Bali

…of assessment u/s 143(3).In this connection, he placed reliance on the .judgment of the Hon'ble Delhi High Court in the case of KLM Royal Dutch Airways vs. A.D.I.T. 292 ITR 49 (Del.). Similar view has been taken in the following judgment: C.I.T. Vs TCP Ltd. 323 ITR 346(Mad.). C.I.T. Vs Qatalys Software Technologies Ltd. 308 ITR 249 (Mad.). In the case of C.I.T. Vs TCP Ltd. The Horeble Madras High Court has held as follow: "That the Tribunal was right in holding that notice under section 148 of the Income Tax Act could not be issued for making an assessment under section 147 of the Act, when time limit was 74 AN…

Sahara India Power Corporation Ltd., Pune vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the revenue for the AY 2005-06 in I

ITA 109/PUN/2007[2003-04]Status: DisposedITAT Delhi28 Apr 2023AY 2003-04

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar Us

For Appellant: Shri Ajay VohraFor Respondent: Shri Kanv Bali

…of assessment u/s 143(3).In this connection, he placed reliance on the .judgment of the Hon'ble Delhi High Court in the case of KLM Royal Dutch Airways vs. A.D.I.T. 292 ITR 49 (Del.). Similar view has been taken in the following judgment: C.I.T. Vs TCP Ltd. 323 ITR 346(Mad.). C.I.T. Vs Qatalys Software Technologies Ltd. 308 ITR 249 (Mad.). In the case of C.I.T. Vs TCP Ltd. The Horeble Madras High Court has held as follow: "That the Tribunal was right in holding that notice under section 148 of the Income Tax Act could not be issued for making an assessment under section 147 of the Act, when time limit was 74 AN…

Ronak Gems Private Limited, Mumbai vs. Deputy Commissioner of Income Tax, Central Circle 2(4), Mumbai

In the result, appeal of the assessee is allowed

ITA 4604/MUM/2018[2016-17]Status: DisposedITAT Mumbai16 Nov 2022AY 2016-17
Section 139Section 142Section 143Section 143(2)Section 143(3)Section 147Section 148Section 156

…the negative i.e. in favour of the appellant/assessee and against the respondent/Revenue. 15. Accordingly, appeal allowed. No order as to costs.” 3.2. Similar views were expressed by the Hon’ble Madras High Court in the case of CIT vs. TCP Ltd., reported in 323 ITR 346, CIT vs. Qatalys Software Technologies Ltd reported in 308 ITR 249. The ld. DR relied on the decision of the Hon’ble Supreme Court in the case of Rajesh Jhaveri Stock Brokers (P) Ltd., reported in 291 ITR 500. 3.3. We have gone through the decision of the Hon’ble Supreme Court relied upon by the ld. DR. In that decision, the Hon’ble Supreme Court…

Deputy Commissioner of Income Tax Circle-6(2)(1), Bangalore vs. Sri C Gangadhara Murthy, Bangalore

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 2400/BANG/2018[2012-13]Status: DisposedITAT Bangalore16 Aug 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuthe Dy. Commissioner Of Vs Shri C. Gangadhara Murthy Income-Tax, No. 322, 3Rd A Corss, 2Nd Block Circle - 6(2)(1) 3Rd Stage, Basaveshwaranagar Bangalore . Bangalore 560079. Pan – Agipg 2668 N (Appellant) (Respondent)

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2

…v) Indian Tube Co. Ltd vs ITO 272 ITR 439 (Calcutta HC); (v) CIT vs K.M.Pachayappan 304 ITR 264 {Madras HC); (vi) CIT vs Abad Fisheries 246 CTR 513 (Kerala HC); (vii) CIT vs Qatalys Software Software Technologies 308 ITR 249 (Madras HC); (viii) CIT vs TCP Ltd 323 ITR 346 (Madras HC); 10. In the case of Abad Fisheries 246 CTR 513 (Kerala),(2011) 16 taxman.com 398 (Kerala) 2012) 204 Taxman 267 (Kerala), the Hon'ble High Court of Kerala in its decision in IT Appeal Nos 243, 254, 258 & 263 of 201 dated September 2, 2011 held that within time provided for regular assessment under section 143(3) after issuing notice un…

DCIT, Coimbatore vs. M/S. Rieter - Lmw Machinery Ltd., Coimbatore

In the result, the appeal filed by the Revenue is dismissed as infructuous and the CO filed by the assessee is allowed

ITA 2215/CHNY/2016[2003-04]Status: DisposedITAT Chennai29 Jun 2022AY 2003-04

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 147Section 148

…that ‘when time limit for issue of notice u/s. 143(2)(ii) has not expired, AO cannot initiate proceedings u/s. 147’ and the Hon’ble High Court has also held similarly ITA No: 2215/Chny/2016 & CO No. 125/Chny/2016 in its decision in CIT vs TCP Limited (2010) 323 ITR 346, is to the effect, the assessment or re-assessment shall become invalid u/s. 147, if, the notice had been issued before the expiry of time limit for completion of the assessment on the basis of return filed by the assessee.” As the issue is covered and the facts are very clear that once the time limit for issuance of notice u/s. 143(2) of the Ac…

Income Tax Officer, Ward 1(4), Kalyan vs. Subhash D. Chaudhary Prop.M/S.Sobita Enterprises., Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5146/MUM/2017[2011-12]Status: DisposedITAT Mumbai30 Jan 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Income Tax Officer, Ward 1(4), Kalyan vs. Subhash D. Chaudhary Prop.M/S.Sobita Enterprises., Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5145/MUM/2017[2010-11]Status: DisposedITAT Mumbai30 Jan 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Income Tax Officer, Ward 1(4), Kalyan vs. Subhash D. Chaudhary, Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5144/MUM/2017[2009-10]Status: DisposedITAT Mumbai30 Jan 2019AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Subhash D. Chaudhary, Mumbai vs. Income Tax Officer, Ward 1(4), Kalyan

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5044/MUM/2017[2011-12]Status: DisposedITAT Mumbai30 Jan 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Subhash D. Chaudhary, Mumbai vs. Income Tax Officer, Ward 1(4), Kalyan

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5043/MUM/2017[2010-11]Status: DisposedITAT Mumbai30 Jan 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Subhash D. Chaudhary, Mumbai vs. Income Tax Officer, Ward 1(4), Kalyan

In the result, appeals of the assessee are partly allowed and appeals of the Revenue are dismissed

ITA 5042/MUM/2017[2009-10]Status: DisposedITAT Mumbai30 Jan 2019AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Chaudhary Arun Kumar Singh
Section 133(6)Section 143(1)Section 143(3)Section 145(3)Section 148Section 40A(3)

…contended that notice u/s. 148 of the Act cannot be issued when time limit for issue of notice u/s. 143(2) for making assessment u/s. 143(3) was not expired. Reliance was placed on the decision of the Hon'ble Madras High Court in the case of CIT v. TCP Ltd. [323 ITR 346]. 14. As regards to this submission, in the absence of any specific ground or additional ground taken by the assessee either before the Ld.CIT(A) or (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Subhash D. Chaudhary before us, we are not inclined to go into this aspect of the matter and therefore this submission of the assessee need not be adjudicated…

Rajesh Bhatia, Jaipur vs. ITO, Jaipur

In the result, the assessee’s appeal is allowed

ITA 551/JPR/2014[2010-11]Status: DisposedITAT Jaipur08 Nov 2017AY 2010-11
For Appellant: Shri S.L. Poddar (Adv.)For Respondent: Shri Shailendra Sharma (CIT)
Section 143(2)Section 148Section 234B

…valid as held by the Hon’ble Jurisdictional High Court in case of Sh. Loku Ram Malik vs CIT dated 03.05.2017 in ITA No. 142/2006. He has also relied upon the decision of Hon’ble Madras High Court in case of CIT Vs. TCP Ltd. 4 Sh. Rajesh Bhatia v. ITO, Jaipur 323 ITR 346 and submitted that the Hon’ble High Court has held that unless the return of income already filed is disposed of, notice for reassessment u/s 148 cannot be issued. Therefore no reassessment proceedings can be initiated so long as assessment proceeding pending on the basis of the return already filed are not terminated. He has also relied upon the…

Mig Co Operative Housing Society Group- II Ltd, Mumbai vs. ITO 19(3)(3), Mumbai

ITA 896/MUM/2016[2011-12]Status: DisposedITAT Mumbai17 Feb 2017AY 2011-12
For Appellant: Shri Yogesh Thar-ARFor Respondent: Shri N.P. Singh –CIT-DR
Section 139Section 148Section 254(1)Section 50C

…आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, मुंबई अिधकरण मुंबई मुंबई “बी मुंबई बी बी” ” ” ” खंडपीठ बी खंडपीठ खंडपीठ खंडपीठ Income-tax Appellate Tribunal -“B”Bench Mumbai सव"ी राजे"",लेखा सद"य एवं अमरजीत "सह, "याियक सद"य Before S/Sh.Rajendra,Accountant Member and Amarjit Singh,Judicial Member आयकर अपील सं./`I.T.A./896/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2011-12 िनधा"रण िनधा"रण वष" वष" MIG-Co-operative Housing Society Income tax Officer-19(3)(3) Group-II Limited Matru Mandir, Tardeo Road Kalpataru Sparkle,Nana Dhamadhikari Mumbai-400 007. Vs. Road, Gandhinagar, Bandra (E)…

Surja Sekhar Ganguly, Hooghly vs. ITO, Ward - 17(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 275/KOL/2016[2005-2006]Status: DisposedITAT Kolkata19 Oct 2016AY 2005-2006

Bench: Shri N.V.Vasudevan, J.M. &Dr.A.L.Saini, A.M.)

For Appellant: Shri: Somnath Ghosh, Advocate, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.DR
Section 10Section 143(1)Section 144Section 147Section 148

…income and disclosing them in the return of income. There is no any new material found by the AO, to re-open the assessment u/s. 148 of the Act. In support of the contentions, the ld.AR of the assessee has relied on the following judgments:- a. CIT Vs.TCP Ltd 323 ITR 346(Mad) b. CIT Vs. Qatalys Software Technologies Ltd 308 ITR 249 c. CESC Ltd Vs. DCIT 263 ITR 402(Cal) d. Trustees of HEH, the Nizam’s Supplementary Trust Vs.CIT 242 ITR 381(SC), and e. ITA No. 756/Kol/2013 A.Y 2003-04 the order dated 15-01-2016, the findings of this judgment are identical to the assessee`s case under consideration, which is narrat…

CIT v. TCP Ltd. (323 ITR 346) — Cited in 16 Judgments | BharatTax