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 367,181 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.

Shri Sachin Jain, Rishikesh vs. ITO, Rishikesh

In the result, Assessee’s appeal is allowed

ITA 4840/DEL/2016[2005-06]Status: DisposedITAT Delhi20 Nov 2018AY 2005-06

Bench: Shri R.K. Pandaassessment Year: 2005-06 Sachin Jain, Vs. Ito, S/O Shri Chaman Lal Jain, Ward-1(4)(2), Near Jain Mandir, Shanti Nagar, Rishikesh. Rishikesh. Pan: Adhpj2085N (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari & Shri Shobhit Tiwari,, Advocates Revenue By : Shri D.S. Rawat, Sr.Dr Date Of Hearing : 11.10.2018 Date Of Pronouncement : 20.11.2018 Order Per R.K. Panda, Am: This Appeal By The Assessee Is Directed Against The Order Dated 1St January, 2016 Of The Cit(A), Dehradun, Relating To Assessment Year 2005-06. 2. This Is The Second Round Of Litigation Before The Tribunal. This Appeal Was Earlier Dismissed By The Tribunal Vide Order Dated 29Th December, 2016 For Non- Prosecution. Subsequently, The Tribunal, Vide Order Dated 9Th March, 2018, Recalled Its Earlier Order. Hence, This Is A Recalled Matter. 3. There Is A Delay Of 152 Days In Filing Of This Appeal Before The Tribunal By The Assessee. The Assessee Has Filed A Condonation Petition Along With An Affidavit Explaining The Reasons For Delay In Filing Of The Appeal. After Considering The Submissions Made Therein & On A Perusal Of The Record, The Delay In Filing Of The Appeal Is Condoned & The Appeal Is Admitted For Adjudication.

For Appellant: Shri Rohit Tiwari &For Respondent: Shri D.S. Rawat, Sr.DR
Section 147Section 148Section 153(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2005-06 Sachin Jain, Vs. ITO, S/o Shri Chaman Lal Jain, Ward-1(4)(2), Near Jain Mandir, Shanti Nagar, Rishikesh. Rishikesh. PAN: ADHPJ2085N (Appellant) (Respondent) Assessee by : Shri Rohit Tiwari & Shri Shobhit Tiwari,, Advocates Revenue by : Shri D.S. Rawat, Sr.DR Date of Hearing : 11.10.2018 Date of Pronouncement : 20.11.2018 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 1st January, 2016 of the CIT(A), Dehradun, relating to Assessment Year…