CIT v. Tirupati Oil Corporation

248 ITR 194High Court2001#6930 most cited

What is CIT v. Tirupati Oil Corporation authority for?

Undisclosed income of a partner cannot be treated as undisclosed income of the firm for the purposes of Chapter XIV-B of the Income-tax Act, 1961, unless the procedure laid down in Section 158BD is followed when a search is conducted at the partner's residence, not the firm's.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2012 to 2024.

Also referred to as

CIT v. Tirupati Oil Corporation · 248 ITR 194 · section 158BD · section 158BC · block assessment · undisclosed income of partner · undisclosed income of firm · Chapter XIV-B

Issues it is cited on

section 158bdsection 158bcpanchnamablock periodsection 158bsection 153a(1)section 158section 153cincriminating materialundisclosed incomesection 115section 153

Judgments citing CIT v. Tirupati Oil Corporation

The Deputy Commissioner of Income-Tax, Central Circle-1, Mangaluru vs. M/S. Blueline Foods (India) Pvt. Ltd., Mangaluru

ITA 182/BANG/2023[2017-18]Status: DisposedITAT Bangalore07 Aug 2024AY 2017-18

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Revenue byFor Respondent: Date of hearing
Section 132Section 143(3)Section 153ASection 153CSection 255(4)

…relating to the respondent assessee company from the search conducted on the three directors. 7.8 Similarly, the ld. CIT-DR also tried to distinguish the judgment of Hon’ble Bombay High Court in the case of CIT vs. Tirupati Oil Corporation reported in [2001] 248 ITR 194 (Bom), Hon’ble Orissa High Court in the case of Siksha “O” Anusandhan vs. CIT reported in [2012] 336 ITR 112 and Co-ordinate Bench of Mumbai Tribunal in the case of Unique Star Developers vs. DCIT reported in [2017] 83 taxmann.com 83. 8. I have considered the arguments of Id. CIT-DR and gone through one more fact that there is a remand report fro…

Tarlok Singh Punihani, Delhi vs. DCIT Central Circle-19 New Delhi, Delhi

In the result, the appeals of the assessees in ITA Nos

ITA 1746/DEL/2022[2014-15]Status: DisposedITAT Delhi10 Mar 2023AY 2014-15

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Ms. Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153CSection 69

…pute that the impugned document, around which the quarrel revolves, was found from the business premises of the firm M/s Punihani International. 11. A reverse situation was considered by the Hon'ble Bombay High Court in the case of Tirupati Oil Corporation 248 ITR 194 wherein the quarrel was in respect of undisclosed income of a partner treated as undisclosed income of the firm and the Hon'ble Bombay High Court held as under: “The short point which arises for consideration in the present matter is whether the -undisclosed income of a partner can be treated as undisclosed income of the firm for the purposes o…

Narinder Singh Punihani, Delhi vs. DCIT, Central Circle-19, New Delhi, Delhi

In the result, the appeals of the assessees in ITA Nos

ITA 1745/DEL/2022[2014-15]Status: DisposedITAT Delhi10 Mar 2023AY 2014-15

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Ms. Sapna Bhatia, CIT-DR
Section 132Section 153ASection 153CSection 69

…pute that the impugned document, around which the quarrel revolves, was found from the business premises of the firm M/s Punihani International. 11. A reverse situation was considered by the Hon'ble Bombay High Court in the case of Tirupati Oil Corporation 248 ITR 194 wherein the quarrel was in respect of undisclosed income of a partner treated as undisclosed income of the firm and the Hon'ble Bombay High Court held as under: “The short point which arises for consideration in the present matter is whether the -undisclosed income of a partner can be treated as undisclosed income of the firm for the purposes o…

M/S New Viraj Housing Agency, Nagpur vs. ACIT, Central Circle-1(1), Nagpur

In the result, the appeals filed by the assessee for all the three years is allowed

ITA 183/NAG/2017[2010-11]Status: DisposedITAT Nagpur28 Jun 2022AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am

For Appellant: Shri Sudesh Banthia CAFor Respondent: Shri Piyush Kolhe (CIT-DR)
Section 132Section 133ASection 133A(3)(ia)Section 139Section 143(2)Section 153ASection 153C

…1 ITA183/NAG/2017 NEW VIRAJ HOUSING AGENCY VS ACIT , C.C. 1(1), NAGPUR IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI SANDEEP GOSAIN, JM AND SHRI ARUN KHODPIA, AM I.T.A. NO Asstt Year 183/NAG/2017 2010-11 184/NAG/2017 2011-12 185/NAG/2017 2012-13 M/s New VirajHousing Agency Vs. ACIT 16 & 17, Medical College Road, Central Circle 1(1) TB Ward Chowk, Nagpur-440003 Nagpur PAN No AAEFN0705D Appellant Respondent Appellant by: Shri Sudesh Banthia CA Respondent by:Shri Piyush Kolhe (CIT-DR) Date of Hearing: 28/04/2022 Date of Order : 28 /06 /2022 ORDER PER: SANDEEP GOSAIN, J.M. These are 3…

M/S.Balaji Bullion & Commodities (India) Private Limited, Mumbai vs. DCIT Central Circle-40, Mumbai

In the result, both the appeals are allowed

ITA 1291/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm Balaji Bullion & Commodities The Dy. Commissioner Of (India) Private Limited Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002 (Appellant) (Respondent) Pan No. Aadcbo236F Balaji Universal Tradelinks P. The Dy. Commissioner Of Ltd. Income–Tax, 118/120, 3Rd Floor, Ashoka Central Circle–40, Vs. House Zavri Baazar, Mumbai Mumbai-400 002

For Appellant: Shri N.M. Porwal, AdvFor Respondent: Shri Dr. Mahesh Akhade, CIT DR
Section 10ASection 153ASection 153BSection 37Section 68

…minating material was unearthed during search. ITA Nos. 1291 & 1292/Mum/2018 M/s Balaji Universal Tradelinks P. Ltd. & Balaji Bullion & commodities (I) P. Ltd.; A.Y. 09–10 2.13.In another case, the Hon’ble Bombay High Court in CIT vs Tirupati Oil Corporation (248 ITR 194)(Bom.), wherein, search was carried out at the residence of the partner but block assessment was made u/s 158BC, 158BD of the Act, upon the firm, the Hon’ble High Court held that procedure laid down u/s 158 BD has to be followed, thus, the ratio laid down by Hon’ble jurisdictional High Court supports the case of the assessee. The ratio laid down…

Regency Mahavir Properties, Pune vs. ACIT Cen Cir 1, Thane

In the result, the appeals of the assessee are allowed

ITA 682/MUM/2016[2007-08]Status: DisposedITAT Mumbai04 Jan 2018AY 2007-08

Bench: Shri P K Bansal & Shri Ravish Sood

For Appellant: Shri Sunil U Pathak & Smt Geetaa GuwalaniiFor Respondent: Shri Awungshi Gimson
Section 132Section 153A

…confirmed by the CIT(A). 12. We have heard the rival submissions and carefully considered the same along with the orders of the tax authorities below. We have also gone through the following decisions as relied on before us: • CTT vs. Tirupati Oil Corporation 248 ITR 194 • Unique Star Developers vs. DCIT 50 CCH 25 Mum • ACIT vs. MAB Finlease Ltd. 37 CCH 597 Del • J.M.Trading Coprn. vs. ACIT 20 SOT 489 • Dr. Mansukh Shah vs. ACLT 18 ITR 80 • All Cargo Global Logistics Ltd. vs. DCIT 137 ITD 287 • Pradeep Runwal vs. TRO, Range-3, Pune in ITA No. 334/PN/2013 • Prathna Construction (P) Ltd vs. DCIT 70 TTJ 122 • T S Ve…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4513/MUM/2014[2006-07]Status: DisposedITAT Mumbai04 Apr 2017AY 2006-07

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…ll Cargo Global Logistic Ltd. vs DCIT (2012) 23 taxman.com 103(Bom.)(SB), held that no addition could be made since no incriminating material was unearthed during search. 2.13. In another case, the Hon’ble Bombay High Court in CIT vs Tirupati Oil Corporation (248 ITR 194) (Bom.), wherein, search was carried out at the residence of the partner but block assessment was made u/s 158BC, 158BD of the Act, upon the firm, the Hon’ble High Court held that procedure laid down u/s 158 BD has to be followed, thus, the ratio laid down by Hon’ble jurisdictional High Court supports the case of the assessee. The ratio laid down…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4512/MUM/2014[2005-06]Status: DisposedITAT Mumbai04 Apr 2017AY 2005-06

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…ll Cargo Global Logistic Ltd. vs DCIT (2012) 23 taxman.com 103(Bom.)(SB), held that no addition could be made since no incriminating material was unearthed during search. 2.13. In another case, the Hon’ble Bombay High Court in CIT vs Tirupati Oil Corporation (248 ITR 194) (Bom.), wherein, search was carried out at the residence of the partner but block assessment was made u/s 158BC, 158BD of the Act, upon the firm, the Hon’ble High Court held that procedure laid down u/s 158 BD has to be followed, thus, the ratio laid down by Hon’ble jurisdictional High Court supports the case of the assessee. The ratio laid down…

Asst CIT Cir 2, Thane vs. Salasar Developers, Thane

The appeals of the Revenue are dismissed

ITA 4511/MUM/2014[2004-05]Status: DisposedITAT Mumbai04 Apr 2017AY 2004-05

Bench: Shri Joginder Singh & Shri N.K. Pradhan

Section 132Section 132(3)Section 133ASection 143(3)Section 153A

…ll Cargo Global Logistic Ltd. vs DCIT (2012) 23 taxman.com 103(Bom.)(SB), held that no addition could be made since no incriminating material was unearthed during search. 2.13. In another case, the Hon’ble Bombay High Court in CIT vs Tirupati Oil Corporation (248 ITR 194) (Bom.), wherein, search was carried out at the residence of the partner but block assessment was made u/s 158BC, 158BD of the Act, upon the firm, the Hon’ble High Court held that procedure laid down u/s 158 BD has to be followed, thus, the ratio laid down by Hon’ble jurisdictional High Court supports the case of the assessee. The ratio laid down…

Balaji Universal Tradelink P.Ltd, Mumbai vs. DCIT Cen Cir 40, Mumbai

The appeals of the assessee are allowed and that of the Revenue are dismissed

ITA 2183/MUM/2013[2004-05]Status: DisposedITAT Mumbai31 Oct 2016AY 2004-05

Bench: Shri Joginder Singh & Shri Sanjay Arora

Section 132(3)Section 133ASection 143(3)Section 153A

…l Cargo Global Logistic Ltd. vs DCIT (2012) 23 taxman.com 103(Bom.)(SB), held that no addition could be made since no incriminating material was unearthed during search. 2.13. In another case, the Hon’ble Bombay High Court in CIT vs Tirupati Oil Corporation (248 ITR 194) (Bom.), wherein, search was carried out at the residence of the partner but block assessment was made u/s 158BC, 158BD of the Act, upon the firm, the Hon’ble High Court held that procedure laid down u/s 158 BD has to be followed, thus, the ratio laid down by Hon’ble jurisdictional High Court supports the case of the assessee. The ratio laid down…

ACIT, New Delhi vs. M/S. Balaji Perfumes, Delhi

In the result appeals are dismissed

ITA 509/DEL/2010[2005-06]Status: DisposedITAT Delhi19 Oct 2016AY 2005-06

Bench: Shri G. D. Agrawal & Smt Suchitra Kamblei.T.A .No.-505/Del/2010 (A.Y 2001-02) I.T.A .No.-506/Del/2010 (A.Y 2002-03) I.T.A .No.-507/Del/2010 (A.Y 2003-04) I.T.A .No.-508/Del/2010 (A.Y 2004-05) I.T.A. No.-509/Del/2010 (A.Y. 2005-06)

Section 132(1)Section 143Section 143(2)Section 153A

…t person. Thus, it was for Prop. Concern and further mentioning the name of M/s. Balaji ITAT Delhi Bench in case of Dayawanti Prop. M/s. Assam Supari Traders ITA No. 1634/Del/2010. The Hon’ble Bombay High Court also in case of CIT Vs. Tirupati Oil Corporation 248 ITR 194 held that if Assessing Officer wanted to proceed under Chapter XIV-B of the Income Tax Act, 1961 with regard to the undisclosed income of the partner for the purposes of making block assessment on the assessee firm, then the Assessing Officer was required to invoke Section 158BD of the Act and block assessment made on the firm without following t…

ACIT, New Delhi vs. M/S. Balaji Perfumes, Delhi

In the result appeals are dismissed

ITA 508/DEL/2010[2004-05]Status: DisposedITAT Delhi19 Oct 2016AY 2004-05

Bench: Shri G. D. Agrawal & Smt Suchitra Kamblei.T.A .No.-505/Del/2010 (A.Y 2001-02) I.T.A .No.-506/Del/2010 (A.Y 2002-03) I.T.A .No.-507/Del/2010 (A.Y 2003-04) I.T.A .No.-508/Del/2010 (A.Y 2004-05) I.T.A. No.-509/Del/2010 (A.Y. 2005-06)

Section 132(1)Section 143Section 143(2)Section 153A

…t person. Thus, it was for Prop. Concern and further mentioning the name of M/s. Balaji ITAT Delhi Bench in case of Dayawanti Prop. M/s. Assam Supari Traders ITA No. 1634/Del/2010. The Hon’ble Bombay High Court also in case of CIT Vs. Tirupati Oil Corporation 248 ITR 194 held that if Assessing Officer wanted to proceed under Chapter XIV-B of the Income Tax Act, 1961 with regard to the undisclosed income of the partner for the purposes of making block assessment on the assessee firm, then the Assessing Officer was required to invoke Section 158BD of the Act and block assessment made on the firm without following t…

ACIT, New Delhi vs. M/S. Balaji Perfumes, Delhi

In the result appeals are dismissed

ITA 507/DEL/2010[2003-04]Status: DisposedITAT Delhi19 Oct 2016AY 2003-04

Bench: Shri G. D. Agrawal & Smt Suchitra Kamblei.T.A .No.-505/Del/2010 (A.Y 2001-02) I.T.A .No.-506/Del/2010 (A.Y 2002-03) I.T.A .No.-507/Del/2010 (A.Y 2003-04) I.T.A .No.-508/Del/2010 (A.Y 2004-05) I.T.A. No.-509/Del/2010 (A.Y. 2005-06)

Section 132(1)Section 143Section 143(2)Section 153A

…t person. Thus, it was for Prop. Concern and further mentioning the name of M/s. Balaji ITAT Delhi Bench in case of Dayawanti Prop. M/s. Assam Supari Traders ITA No. 1634/Del/2010. The Hon’ble Bombay High Court also in case of CIT Vs. Tirupati Oil Corporation 248 ITR 194 held that if Assessing Officer wanted to proceed under Chapter XIV-B of the Income Tax Act, 1961 with regard to the undisclosed income of the partner for the purposes of making block assessment on the assessee firm, then the Assessing Officer was required to invoke Section 158BD of the Act and block assessment made on the firm without following t…

ACIT, New Delhi vs. M/S. Balaji Perfumes, Delhi

In the result appeals are dismissed

ITA 506/DEL/2010[2002-03]Status: DisposedITAT Delhi19 Oct 2016AY 2002-03

Bench: Shri G. D. Agrawal & Smt Suchitra Kamblei.T.A .No.-505/Del/2010 (A.Y 2001-02) I.T.A .No.-506/Del/2010 (A.Y 2002-03) I.T.A .No.-507/Del/2010 (A.Y 2003-04) I.T.A .No.-508/Del/2010 (A.Y 2004-05) I.T.A. No.-509/Del/2010 (A.Y. 2005-06)

Section 132(1)Section 143Section 143(2)Section 153A

…t person. Thus, it was for Prop. Concern and further mentioning the name of M/s. Balaji ITAT Delhi Bench in case of Dayawanti Prop. M/s. Assam Supari Traders ITA No. 1634/Del/2010. The Hon’ble Bombay High Court also in case of CIT Vs. Tirupati Oil Corporation 248 ITR 194 held that if Assessing Officer wanted to proceed under Chapter XIV-B of the Income Tax Act, 1961 with regard to the undisclosed income of the partner for the purposes of making block assessment on the assessee firm, then the Assessing Officer was required to invoke Section 158BD of the Act and block assessment made on the firm without following t…

ACIT, New Delhi vs. M/S. Balaji Perfumes, Delhi

In the result appeals are dismissed

ITA 505/DEL/2010[2001-02]Status: DisposedITAT Delhi19 Oct 2016AY 2001-02

Bench: Shri G. D. Agrawal & Smt Suchitra Kamblei.T.A .No.-505/Del/2010 (A.Y 2001-02) I.T.A .No.-506/Del/2010 (A.Y 2002-03) I.T.A .No.-507/Del/2010 (A.Y 2003-04) I.T.A .No.-508/Del/2010 (A.Y 2004-05) I.T.A. No.-509/Del/2010 (A.Y. 2005-06)

Section 132(1)Section 143Section 143(2)Section 153A

…t person. Thus, it was for Prop. Concern and further mentioning the name of M/s. Balaji ITAT Delhi Bench in case of Dayawanti Prop. M/s. Assam Supari Traders ITA No. 1634/Del/2010. The Hon’ble Bombay High Court also in case of CIT Vs. Tirupati Oil Corporation 248 ITR 194 held that if Assessing Officer wanted to proceed under Chapter XIV-B of the Income Tax Act, 1961 with regard to the undisclosed income of the partner for the purposes of making block assessment on the assessee firm, then the Assessing Officer was required to invoke Section 158BD of the Act and block assessment made on the firm without following t…

Comm.of Income Tax Bangalore vs. Navabharat Enterprises Hyd

In the result, Income Tax Appeal No

ITTA/3/2000HC Telangana02 Jan 2012

Bench: This Court & Hence Both Appeals Have Been Heard Together & Are Being Decided By This Common Judgment. 2. Sri Ravi Kant, Senior Advocate Assisted By Sri Rahul Agarwal, Advocate Have Appeared On Behalf Of Assessee & Sri Manish Goel, Advocate Has Put In Appearance On Behalf Of Revenue. 3. Revenue'S Appeal Was Admitted On The Following Substantial Questions Of Law:- (1)Whether On The Facts & In The Circumstances Of The Case, Tribunal Was Right In Holding That Authorization For Search

For Appellant: - M/S Verma Roadways Through its Partner R.K.VermaFor Respondent: - Assistant Commissioner Of Income Tax
Section 132Section 158Section 260A

…ax Vs. Ms. Rohini S. Walia and another [2007] 289 ITR 328 (Delhi); Commissioner of Income Tax Vs. Sonal Constructions and another [2013] 359 ITR 532 (Delhi); Bombay High Court Judgement in Commissioner of Income Tax Vs. Tirupati Oil Corporation [2001] 248 ITR 194 (Bom) and Judgement of Punjab and Haryana High Court in Commissioner of Income Tax Vs. Ram Singh and others [2013] 351 ITR 391 (P&H) but we find that none of the aforesaid authorities help the assessee for the reason that the facts in the present case are different and, therefore, aforesaid authorities are not applicable in the cases in hand.…

CIT v. Tirupati Oil Corporation (248 ITR 194) — Cited in 16 Judgments | BharatTax