CIT v. Videsh Sanchar Nigam Ltd.

340 ITR 66High Court2012#978 most cited

What is CIT v. Videsh Sanchar Nigam Ltd. authority for?

A reassessment order cannot be upheld if the reasons recorded for reopening the assessment under Section 147 are furnished to the assessee only after the completion of the reassessment, or are not furnished at all. The assessee has a fundamental right to be provided with these reasons to file objections.

110

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Videsh Sanchar Nigam Ltd. · Videsh Sanchar Nigam Ltd. · Section 147 · Section 148 · reopening of assessment · reassessment proceedings · reasons recorded · furnishing of reasons · notice under section 148 · void ab initio · income escaping assessment · objection to reasons

Also reported as

21 Taxmann.com 5321 Taxmann 53

Issues it is cited on

Judgments citing CIT v. Videsh Sanchar Nigam Ltd.

SHI vs. HANKAR AGARWAL HUFHUF,ANDHERI (EAST)VS.INCOME TAX OFFICER 31(2)(1), MUMBAI, BANDRA (EAST)

Appeal of the assessee is allowed

ITA 2468/MUM/2024[2010-11]Status: DisposedITAT Mumbai11 Aug 2025AY 2010-11

Bench: Justice (Retd.) C V Bhadang&\Nms Padmavathy S, Am\Ni.T.A. No. 2468/Mum/2024\N(Assessment Year: 2010-11)\Nshivshankar Agarwal Huf,\N204A, Corporate Centre, Marol Pipe\Nline, Andheri-Kurla Road, Andheri\N(E), Mumbai-400059.\Npan: Aafhs0899Q\Nincome Tax Officer-31(2)(1),\Nkb-248, Kautilya Bhawan,\Nvs. Bandra Kurla Complex,\Nbandra (E), Mumbai-400051.\Nappellant)\Nrespondent)\Nappellant/Assessee By\N: Shri Ashok Bansal & Shri Ajay\Ndaga, Ar\Nrevenue / Respondent By\N: Shri Swapnil Choudhary, Sr. Dr\Ndate Of Hearing\N: 11.08.2025\Ndate Of Pronouncement\N: 28.08.2025\Norder\Nper Padmavathy S, Am:\Nthis Appeal By The Assessee Is Against The Order Of The Commissioner Of\Nincome Tax (Appeals), Thiruvanantapuram [In Short 'Cit(A)'] Passed Under\Nsection 250 Of The Income Tax Act, 1961 (The Act) Dated 22.03.2024 For\N Assessment Year (Ay) 2010-11. The Assessee Raised The Following Grounds Of\Nappeal:\N1. The Ld. Cit(A) In Disposing Of The Appeal Erred In Not Adjudicating\Nground Nos 1 To 3 Of The Grounds Of Appeal Raised Before Her Challenging The\Nvalidity Of Assessment.\N2. The Ld. Cit (A) Erred In Confirming The Disallowance Made By The Ito Of\Nrs.309610/- Being 12.50% Of The Alleged Bogus Purchases.\N2.

Section 143(3)Section 148Section 250Section 251

…corded, the reassessment\norder passed is bad in law and invalid. In this regard, support is also drawn\nfrom the decision of the Hon'ble Jurisdictional High Court in the case of IDBI\nLtd (supra) and CIT v. Videsh Sanchar Nigam Ltd. [2012] 21 taxmann.com\n53/340 ITR 66 (Bom.). We are also not convinced with the argument of the\nld. DR that since the assessee has participated in the reassessment\nproceedings, no prejudice is caused. In fact, by not providing the reasons\nrecorded, the assessee has been deprived of fundamental right to know and\nobject on the basis of which jurisdiction has been acquired or assume…

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. RAJURI STEEL AND TMT BARS PVT. LTD., JALNA

In the result, the appeal of the Revenue in ITA

ITA 1298/PUN/2024[2014-15]Status: DisposedITAT Pune12 Nov 2024AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1298/Pun/2024 िनधा"रण वष" / Assessment Year: 2014-15 Dcit, Central Circle-2, Vs. Rajuri Steel & Tmt Aurangabad. Bars Pvt. Ltd., Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase- Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent C.O. No.32/Pun/2024 (Arising Out Of Ita No.1298/Pun/2024) िनधा"रण वष" / Assessment Year: 2014-15 Rajuri Steel & Tmt Bars Vs. Dcit, Central Circle-2, Pvt. Ltd., Aurangabad. Plot No.F-16-17 & Gut No.49, 51 & 52, Additional Midc, Phase-Ii, Daregaon, Jalna- 431203. Pan : Aaics2970E Appellant Respondent Revenue By : Shri Ajay Kumar Keshari Assessee By : Shri B. D. Bhide Date Of Hearing 05.11.2024 : Date Of Pronouncement : 12.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 07.03.2024 Passed By Ld. Cit(A)-12, Pune [‘Ld. Cit(A)’]

For Appellant: Shri B. D. BhideFor Respondent: Shri Ajay Kumar Keshari
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

…to dispose of the same by passing separate speaking order. In the present case, the objections were made by the appellant on 26.03.2022 through online but order was passed on 29.03.2022 without passing the speaking order. b) CIT Vs. Videsh Sanchar Nigam Ltd.-340 ITR 66 (Bom. HC) 4 C.O. No.32/PUN/2024 c) KSS Petron Pvt. Ltd. Vs. ACIT - Bom. HC 6.4 I find merit in the contention raised by the appellant. There was a failure on the part of the AO to comply with the mandatory requirement of disposing of the objections raised by the appellant to the reopening of assessment. This violates the mandate laid down by the…

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CIT v. Videsh Sanchar Nigam Ltd. (340 ITR 66) — Cited in 110 Judgments | BharatTax