Denish Industries Ltd. v. ITO

271 ITR 340High Court2004#20244 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2026.

Sections most often in play

Section 143(3)Section 147 Section 10B Section 115JB Section 148 Section 234B Section 254

Judgments citing Denish Industries Ltd. v. ITO

Southern Enterprises, Chennai vs. ACIT Non Corporate Ward 22, Chennai

In the result, appeal filed by the assessee is allowed

ITA 2941/CHNY/2017[2009-10]Status: DisposedITAT Chennai04 Feb 2026AY 2009-10

Bench: Shri Aby T. Varkey & Ms. Padmavathy. S

For Appellant: Ms. S. Sanchitha for Mr. R. SivaramanFor Respondent: Mr. Praveen. S, JCIT

Section 10BSection 142(1)Section 143(2)Section 143(3)Section 147Section 148

…, beyond a period of four years this cannot be a ground for reassessment on assessment. Such legal proposition requires no authority of law. Nevertheless, we may refer to decision of Division Bench of this Court in case of Denish Industries Ltd. v. ITO [2004] 271 ITR 340/140 Taxman 456, wherein it was held and observed as under: "It is true that when there is a statutory amendment with retrospective effect, the statutory amendment has to operate as if the law as amended was there on the statute book/However, as per the settled legal position the fiction is to operate within the field for which it is meant. Hence…

DCIT-3(4), Mumbai vs. M/S. Tata Motors Limited, Mumbai

In the result, the appeal filed by the Revenue is dismissed and the Cross Objection filed by the assessee is allowed except the issue relating to reopening, which is treated as academic

ITA 1977/MUM/2023[2003-04]Status: DisposedITAT Mumbai21 Jun 2024AY 2003-04

Bench: Shri Amit Shukla, Jm & Shri Ratnesh Nandan Sahay, Am

For Appellant: S/Shri Rajan Vora, Nikhil Tiwari & Mihir ChitaliaFor Respondent: Shri Biswanath Das, CIT-DR

Section 115Section 115JSection 143(3)Section 147

…itted that reopening on the basis of retrospective amendment is not justified and cannot be done. Reliance was placed in this regard on the following:- * Own case order for AY 2003-04 (ITA No. 3333/Mum/2011) dated 17 July 2019 * Denish Industries Ltd. v. ITO (271 ITR 340) (Guj.) * Rallies India Ltd. v. ACIT (2010) 323 ITR 54(Bom) 21 ITA No.1977 & CO 79/Mum/2023 (AY 2003-04) M/s.Tata Mortors Limited. * SGS India Pvt. Ltd. v. ACIT (2007) 292 ITR 93 (Bom) Siemens Information Ltd. (2007) 293 ITR 548 (Bom) * Simens Housing Corporation Ltd. (CA No. 15067 of 2011) dated 12 March 2012 The learned CIT (A) too relying on…

Vialle Alternative Fuel Systems Pvt. Ltd., New Delhi vs. ITO, Ward- 17(2), New Delhi

In the result, the appeal of the assessee in ITA No

ITA 4134/DEL/2017[2005-06]Status: DisposedITAT Delhi20 Jan 2022AY 2005-06

Bench: Shri N.K. Billaiya & Shri Challa Nagendra Prasad

For Appellant: Shri K.V.S.R Krishna, AdvFor Respondent: Shri Mrinal Kumar Das, Sr. DR

Section 115JSection 143(3)

…t has held that beyond a period of 4 years, retrospective amendment u/s 115JB of the Act could not be a ground for reassessment. Such legal proposition requires no authority of law. 12. The Hon'ble High Court of Gujarat in the case of Danish Industries Ltd 271 ITR 340 has held and observed as under: “It is true that when there is a statutory amendment with retro- spective effect, the statutory amendment has to operate as if the law as amended was there on the statute book. However, as per the settled legal position the fiction is to operate within the field for which it is meant. Hence, if the proceedings wer…

M/S Msk Projects (India) Ltd., Baroda vs. The ACIT, Circle -4(1), Baroda

In the result, the appeal of the assessee is partly allowed

ITA 3142/AHD/2011[2004-05]Status: DisposedITAT Ahmedabad07 Oct 2021AY 2004-05

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 3142/Ahd/2011 िनधा"रण वष"/Asstt. Year: 2004-2005 M/S. Welspun Projects Limited, Income Tax Officer, (Formerly Known As Msk Project Vs. Ward-4(1), (India) Ltd.,) Vadodara. 707-708, Sterling Centre, R.C. Dutt Road, Vadodara.

For Appellant: Shri Vartik Chokshi, A.RFor Respondent: Shri S.S. Shukla, Sr. D.R

Section 143(3)Section 147Section 148Section 80Section 80I

…. For any particular assessment year the law as applicable to that assessment year has to be prevailed while deciding the issue on hand as held by the Hon’ble High Court of Gujarat in the case of M/s Denish Industries Ltd versus Income Tax Officer reported in 271 ITR 340. The relevant extract of the judgment is reproduced as under: Whether for purpose of deciding question under section 147 as to whether assessee had disclosed fully and truly all material facts necessary for relevant assessment year, law applicable would be such law as it stood on date of filing of such return - Held, yes - Whether since when asse…