DCIT v. Dilip J. Thakkar

135 Taxmann.com 208Income Tax Appellate Tribunal2022#2689 most cited

What is DCIT v. Dilip J. Thakkar authority for?

The amendment to Section 149(1)(c) of the Income-tax Act, 1961, is retrospective, and the Delhi High Court's decision in Brahm Dutt, which did not consider this retrospectivity, is distinguishable.

43

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2023 to 2024.

Also referred to as

Dilip J. Thakkar · Section 149(1)(c) · Section 149 · retrospective amendment · Brahm Dutt · Delhi High Court · ITAT Mumbai · reassessment notice · Finance Act 2021

Issues it is cited on

Judgments citing DCIT v. Dilip J. Thakkar

DCIT, Central Circle-4, New Delhi vs. Anand Persad Jaiswal, New Dehi

In the result the appeal of Revenue is dismissed

ITA 2742/DEL/2022[2003-04]Status: DisposedITAT Delhi06 Sept 2023AY 2003-04

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2003-04 The Dcit, Central Circle-04, New Delhi Anand Persad Jaiswal, 54, Ring Road, Lajpat Nagar-Iii, New Delhi 110024 Vs. Pan Adrpj 2549 M (Appellant) (Respondent) For Revenue: Shri Kanv Bali, Sr. Dr For Assessee: Shri Deepchand Garg, Ca Date Of Hearing : 17.08.2023 Date Of Pronouncement : 06.09.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed By The Revenue Against The Order Of Cit(A)-23, New Delhi Dated 25.08.2022 For Ay 2003-04. 2. The Grounds Raised By The Revenue Are As Follows: 1. The Ld. Cit(A) Has Erred In Quashing The Assessment Order Relying On The Decision Of Hon'Ble Delhi High Court In The Case Of Brahm. Dutt (100 Taxmann.Com 324) Without Appreciating That The Amendment To Sec 149(1) Of The Income-Tax Act, 1961 By Finance Act, 2021 Was Retrospective In Nature In View Of Explanation To Sec 149 As Held By Itat (D Bench Mumbai) In The Case Of Dilip J. Thakkar (135 Taxmann.Com 208) After Considering The Decision Of Hon'Ble Delhi High Court In Brahm Dutt (Supra).

For Appellant: Shri Deepchand Garg, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 139(1)Section 147Section 148Section 149Section 149(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2003-04 The DCIT, Central Circle-04, New Delhi Anand Persad Jaiswal, 54, Ring Road, Lajpat Nagar-III, New Delhi 110024 vs. PAN ADRPJ 2549 M (Appellant) (Respondent) For Revenue: Shri Kanv Bali, Sr. DR For Assessee: Shri Deepchand Garg, CA Date of Hearing : 17.08.2023 Date of Pronouncement : 06.09.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed by the Revenue against the order of CIT(A)-23, New Delhi dated 25.08.2022 for AY 2003-…