CITA v. Karnataka State Agricultural Produce Processing and Export Corporation Ltd.

377 ITR 496High Court2015#5895 most cited
20

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2024.

Issues it is cited on

Judgments citing CITA v. Karnataka State Agricultural Produce Processing and Export Corporation Ltd.

THE INDIAN FILM COMBINE P.LTD,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX 16, MUMBAI

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 1985/MUM/2019[2014-15]Status: DisposedITAT Mumbai13 Sept 2019AY 2014-15

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1985/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2014-15) बनधम/ The Indian Film Combine Principal Commissioner Of Income-Tax-16 Pvt. Ltd. Vs. Room No.442, Aayakar 1St Floor, Maker Tower „F‟ Bhawan, M.K. Road, Cuffe-Parade, Mumbai- Mumbai. 400005. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. :Aaaci3611E (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Prakash Jothwani (Ar) Revenue By: Shri Awungshi Gimson (Dr) सुनवाई की तारीख / Date Of Hearing: 06/08/2019 घोषणा की तारीख /Date Of Pronouncement: 13/09/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 31.01.2019 Passed By The Principal Commissioner Of Income Tax, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2014-15 In Which The Principal Commissioner Of Income Tax Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Assessee Has Raised The Following Grounds: - “I. The Principal Commissioner Of Income Tax -16 ("Hereinafter Referred To As The Pcit"), Ignoring The Relevant Facts On Record, Has Erred In Passing Order Under Section 263 Of The Income Tax Act, 1961 By Holding That The Assessment Order Passed By The Ito 16(1)(5) ("Hereinafter Referred To As The Learned Ao") U/S 143(3) Of The Act Dated 26.12.2016 Is Erroneous So As To Be Prejudicial To The Interest Of The Revenue & Directing The Ao To Decide All The Issues Afresh. The Appellant Submits That The Order U/S.263 Of The Act For Modifying The Order U/S.143(3) Of The Act Is Bad In Law, Illegal, Ultra-Virus, In Excess Of And/Or In Want Of Jurisdiction & Otherwise Void. 2. The Pcit Failed To Appreciate That The A.O. While Passing Order U/S 143(3) Has Considered The Facts Of The Case & Had Taken The Legally Correct View. The Pcit Erroneously Observed That There Is At Least Some

For Appellant: Shri Prakash Jothwani (AR)For Respondent: Shri Awungshi Gimson (DR)
Section 143(1)Section 143(2)Section 143(3)Section 263

…d in 315 ITR 244, Hon‟ble Gujarat High Court in the case of Gujarat Power Corporation Ltd. reported in 354 ITR 201 and Hon‟ble Karnataka High Court in the case of CIT Vs. Karnataka State Agricultural Produced Processing and Export Corporation Ltd. reported in 377 ITR 496. All the decisions were rendered prior to the framing of assessment by Ld. AO and were very much in the public domain. Hence it has to be presumed that the Ld. AO had indeed considered those decisions and had taken a possible view while framing the assessment. Once a possible view has been taken, the same cannot be subjected to review by Ld. CIT…