Delhi in CIT v. Best Plastics (P) Ltd.

295 ITR 256High Court2007#2866 most cited

What is Delhi in CIT v. Best Plastics (P) Ltd. authority for?

Assessment orders passed by an Assessing Officer are liable to be set aside if they disregard binding instructions or circulars issued by the Central Board of Direct Taxes (CBDT), especially concerning the selection of returns for scrutiny. The CBDT circulars are binding on all officers of the Income-tax department.

41

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Best Plastics (P) Ltd. · 295 ITR 256 · CBDT circulars binding · assessment order set aside · disregard of instructions · scrutiny assessment · section 143(2) · section 142(1) · Assessing Officer · scope of scrutiny

Issues it is cited on

Judgments citing Delhi in CIT v. Best Plastics (P) Ltd.

MEENA SHIRISH KOTWAL,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2,, MALEGAON

ITA 1481/PUN/2018[2013-14]Status: DisposedITAT Pune01 Dec 2022AY 2013-14

Bench: Hon’Ble Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.1481/Pun/2018 निर्धारण वर्ा / Assessment Year : 2013-14 Mrs. Meena Shirish Kotwal, Shivaji Chowk Chandwad, Dist. - Nashik – 423 101 Pan : Astpk1697C . . . . . . . अपऩलधथी / Appellant बनाम / V/S. Ito Ward- 2, Malegaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Sanket Joshi Revenue By : Shri Piyushkumar Singh Yadav सपिवधई की तधरऩख / Date Of Conclusive Hearing : 04/10/2022 घोर्णध की तधरऩख / Date Of Pronouncement : 01/12/2022 आदेश / Order Per G. D. Padmahshali, Am; By The Present Appeal The Assessee Challenged The Order Of Commissioner Of Income Tax (Appeals)-1, Nashik [For Short “Cit(A)”] Dt. 10/07/2018 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Which Leapt Out Of Assessment Order Dt. 22/03/2016 Passed U/S 143(3) Of The Act Was Passed By Income Tax Officer, Ward - 2, Malegaon [For Short “Ao”] For The Assessment Year [For Short “Ay”] 2013-14. Itat-Pune Page 1 Of 10

For Appellant: Shri Sanket JoshiFor Respondent: Shri Piyushkumar Singh Yadav
Section 143(3)Section 250Section 68Section 69A

…of scrutiny in the appellant’s case fails, consequently the impugned assessment stand with no legs in the eyes of law, and we hold as such in the light of ratio laid down by Hon’ble High Court of Delhi in the case of “CIT Vs Best Plastics (P) Ltd” reported in 295 ITR 256, whereby their lordship laid a proposition that; “Where the guidelines are laid down for selection of cases for scrutiny and if the case of the assessee was taken up for scrutiny in violation of CBDT Instructions, then the assessment order has to be set aside” 11. Further, it shall not be out of the box to quote the decision of Hon’ble Jurisdict…

BRITE INFRASTRUCTURE PVT. LTD.,NEW DELHI vs. ACIT ,CIRCLE - 5(1), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 3508/DEL/2019[2015-16]Status: DisposedITAT Delhi23 Nov 2020AY 2015-16

Bench: Sh. Bhavnesh Saini & Sh. Anil Chaturvedi(Through Video Conferencing) Ita No.3508/Del/2019 For A.Y. 2015-16 M/S. Brite Infrastructure Vs. Acit, Pvt. Ltd., Circle-5(1), 29, 3Rd Floor, New Delhi Shivaji Marg, New Delhi-110015 Pan-Aaace0664R (Appellant) (Respondent) Assessee By Sh. Raj Kumar, Ca & Sh. Sumit Goel, Ca Revenue By Sh. Bhopal Singh, Sr. Dr Date Of Hearing: 18/11/2020 Date Of Pronouncement: 23/11/2020 Order Per Anil Chaturvedi, Am: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 14.03.2019 Of The Commissioner Of Income Tax (A)-12, New Delhi Relating To Assessment Year 2015-16. Ita No.3508 /Del/12019

Section 14Section 143(3)Section 14A

…eliance is also being placed in the order of the Co-ordinate Bench of ITAT in the case of CBS International Projects Pvt. Ltd. Vs ACIT, New Delhi in ITA No. 144/Del/2019 and order of the Hon'ble Jurisdictional High Court in the case of Best Plastics Pvt. Ltd. 295 ITR 256 wherein it was held that the assessment order passed by the Assessing Officer disregarding the instructions of the CBDT are liable to the set aside and no substantial of law arises. The said judgment relied upon the decision of Hon'ble Supreme Court in the case of Commissioner of Customs Vs Indian Oil Corporation and also the judgment of Hon'ble…

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Delhi in CIT v. Best Plastics (P) Ltd. (295 ITR 256) — Cited in 41 Judgments | BharatTax