CIT v. Vegetable

82 ITR 1Reported decision#18325 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2017 to 2024.

Judgments citing CIT v. Vegetable

Hasmukh Hirji Gada, Pune vs. PCIT (Central), Pune

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

ITA 1023/PUN/2024[2020-21]Status: DisposedITAT Pune07 Nov 2024AY 2020-21

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1023/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Hasmukh Hirji Gada, Vs. Pcit (Central), Pune. 1073, Bhosale Mystiqa, Plot No.425, Flat No.203, Gokhale Road, Om Super Market, Shivaji Nagar, Pune- 411002. Pan : Adxps3533L Appellant Respondent Assessee By : Shri Neelesh Khandelwal Revenue By : Shri Keyur Patel Date Of Hearing : 02.09.2024 Date Of Pronouncement : 07.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld. Pcit (Central), Pune For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions Of Law It Be Held That The Order Passed By The Principal Commissioner Of Income Tax Under Section 263 For Initiating The Penalty Under Section 271Aac Of The Act Is Without Jurisdiction & Hence Is Improper, Unwarranted, Unjustified & Contrary To The Provisions Of Law & Facts Prevailing In The Case. The Order Passed U/S. 263 Be Set Aside. The Appellant Be Granted Just & Proper Relief In This Respect.

For Appellant: Shri Neelesh KhandelwalFor Respondent: Shri Keyur Patel
Section 115BSection 132Section 143(3)Section 234ASection 263Section 271ASection 69A

…en taken by the Punjab and Haryana High Court in the case of CIT Vs. Subash Kumar Jain (supra). There are divergent views of the High Courts on the subject. Therefore, following the order of the Hon'ble Supreme Court in the case of CIT Vs. Vegetable Products [82 ITR 1). when two views are possible, the view in favour of the Assessee is to be followed. Therefore, respectfully following the decision of the Gujarat High Court in the case of CIT Vs Paramanand Patel (supra) and the decision of Punjab & Haryana High Court in the case of CIT Vs. Subash Kumar Jain (supra) we set aside the order of the Commissioner passed…

Jayesh V. Sheth, Mumbai vs. CIT 16, Mumbai

In the result the appeals of the assessee are partly allowed

ITA 3922/MUM/2017[2012-13]Status: DisposedITAT Mumbai20 Sept 2017AY 2012-13

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

For Appellant: Shri Sanjay R.Parikh, C.A Department byFor Respondent: Shri Arju Garodia
Section 143(3)Section 14ASection 263Section 271(1)(C)Section 271(1)(c)

…ITR 113]. In reply the Learned Counsel for the assessee submits that in view of the conflicting view the view in favour of the assessee should be taken. He placed reliance on the decision of the Hon'ble Supreme Court in the case of CIT v. Vegetable products [82 ITR 1]. 6. We have heard the rival submissions, perused the order of the Learned Commissioner of Income Tax and decisions relied upon. In this case the assessments for the Assessment Years 2010-11, 2011-12 and 2012-13 were completed u/s. 143(3) r.w.s. 147 of the Act on 31.03.2015. While completing the reassessments the Assessing Officer made addition tow…

Jayesh V. Sheth, Mumbai vs. CIT 16, Mumbai

In the result the appeals of the assessee are partly allowed

ITA 3921/MUM/2017[2011-12]Status: DisposedITAT Mumbai20 Sept 2017AY 2011-12

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

For Appellant: Shri Sanjay R.Parikh, C.A Department byFor Respondent: Shri Arju Garodia
Section 143(3)Section 14ASection 263Section 271(1)(C)Section 271(1)(c)

…ITR 113]. In reply the Learned Counsel for the assessee submits that in view of the conflicting view the view in favour of the assessee should be taken. He placed reliance on the decision of the Hon'ble Supreme Court in the case of CIT v. Vegetable products [82 ITR 1]. 6. We have heard the rival submissions, perused the order of the Learned Commissioner of Income Tax and decisions relied upon. In this case the assessments for the Assessment Years 2010-11, 2011-12 and 2012-13 were completed u/s. 143(3) r.w.s. 147 of the Act on 31.03.2015. While completing the reassessments the Assessing Officer made addition tow…

Jayesh V. Sheth, Mumbai vs. CIT 16, Mumbai

In the result the appeals of the assessee are partly allowed

ITA 3920/MUM/2017[2010-11]Status: DisposedITAT Mumbai20 Sept 2017AY 2010-11

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

For Appellant: Shri Sanjay R.Parikh, C.A Department byFor Respondent: Shri Arju Garodia
Section 143(3)Section 14ASection 263Section 271(1)(C)Section 271(1)(c)

…ITR 113]. In reply the Learned Counsel for the assessee submits that in view of the conflicting view the view in favour of the assessee should be taken. He placed reliance on the decision of the Hon'ble Supreme Court in the case of CIT v. Vegetable products [82 ITR 1]. 6. We have heard the rival submissions, perused the order of the Learned Commissioner of Income Tax and decisions relied upon. In this case the assessments for the Assessment Years 2010-11, 2011-12 and 2012-13 were completed u/s. 143(3) r.w.s. 147 of the Act on 31.03.2015. While completing the reassessments the Assessing Officer made addition tow…

Dharmanandan Diamonds P. Ltd, Mumbai vs. CIT 5, Mumbai

In the result, appeal of the Assessee is allowed

ITA 1624/MUM/2014[2009-10]Status: DisposedITAT Mumbai23 Mar 2017AY 2009-10

Bench: Shri R.C.Sharma & Shri C.N. Prasad

For Appellant: Shri Reepal TralghawalaFor Respondent: Shri Tufail Ahmad Khan
Section 143(3)Section 263Section 271(1)(c)

…en taken by the Punjab and Haryana High Court in the case of CIT Vs. Subash Kumar Jain (supra). There are divergent views of the High Courts on the subject. Therefore, following the order of the Hon’ble Supreme Court in the case of CIT Vs. Vegetable Products [82 ITR 1], when two views are possible, the view in favour of the Assessee is to be followed. Therefore, respectfully following the decision of the Gujarat High Court in the case of CIT Vs. Paramanand Patel (supra) and the decision of Punjab & Haryana High Court in the case of CIT Vs. Subash Kumar Jain (supra) we set aside the order of the Commissioner passe…

CIT v. Vegetable (82 ITR 1) — Cited in 5 Judgments | BharatTax