Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications

323 ITR 249High Court2010#802 most cited

What is Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications authority for?

Reassessment proceedings are invalid if the Assessing Officer fails to issue a mandatory notice under Section 143(2) of the Income-tax Act after the assessee files a return in response to a Section 148 notice and scrutinizes that return.

128

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

Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications · 323 ITR 249 · Section 143(2) notice · Section 148 reassessment · mandatory notice 143(2) · invalid reassessment proceedings · failure to issue notice 143(2) · scrutiny of return · assessment vitiated · Delhi High Court

Issues it is cited on

Judgments citing Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications

Sandeep Kumar Shah, Kolkata vs. I.T.O., Ward - 50(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 7/KOL/2023[2010-2011]Status: DisposedITAT Kolkata30 Nov 2023AY 2010-2011

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 07/Kol/2023 Assessment Year: 2010-11 Sandeep Kumar Shah Income Tax Officer, Ward – P-281, Cit Road, Scheme Vi(M) Vs 50(1), Kolkata Kakurgachi Kolkata - 700054 [Pan : Aprps6509J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca/Amit Agrawal, Advocate Revenue By : Shri Ankur Goyal, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 18/10/2023 घोषणा क" तारीख /Date Of Pronouncement: 30/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 30/11/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2010-11. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Order Passed By The Ld. Cit (Appeals) U/S 250 Confirming The Additions & Disallowances Made By Learned Assessing Officer Is Contrary To The Law & Facts Of The Case. 2. That The Ld. Cit (Appeals) Erred In Denial Of Exemption Of Long-Term Capital Gain Of Rs. 41,86,458/- U/S 10(38) Of The Act Is Bad In Law & In Facts. 3. That The Learned Cit (Appeals) Failed To Appreciate That The Transaction Of Purchase / Sale Was Genuine & All The Requisite Prescribed Documents Submitted Were In Existence & Hence The Addition / Disallowance Has No Legs To Stand & Deserves To Be Held Ab Initio Null & Void.

For Appellant: Shri A.K. Tibrewal, FCA/Amit AgrawalFor Respondent: Shri Ankur Goyal, Addl. CIT, D/R
Section 10(38)Section 147Section 148Section 250

…18.02.2015; Hon’ble Madras High Court in the case of Sapthagiri Finance & Investment vs. ITO reported in (2013) 90 DTR (Mad) 289); Hon’ble Delhi High Court in the case of DIT vs. Society for Worldwide Interbank Financial Telecommunications reported in (2010) 323 ITR 249 (Del); Hon’ble Allahabad High Court in the case of CIT vs. Solarpur Cold Storage P Ltd (2014) 50 Taxmann.com 105 (All); Hon’ble Allahabad High Court in the case of CIT vs. Rajeev Sharma reported in [2011] 336 ITR 678 (All.). Since the Assessing Officer did not issue notice u/s 143(2) of the Act within the specified time period, therefore, the Ass…

M/S. Osian Stock Broking Pvt. Ltd., Kolkata vs. I.T.O., Ward-6(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 375/KOL/2022[2009-2010]Status: DisposedITAT Kolkata12 May 2023AY 2009-2010

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.375/Kol/2022 Assessment Year: 2009-10 M/S Osian Stock Broking Pvt. Ltd................................................……Appellant C/O S M Surana Advocate, Unit No.1501, 15Th Floor, Diamond Heritage, 16, Strand Road, Kol-1. [Pan: Aaaco3479N] Vs. Ito, Ward-1(1), Kolkata.............................……........……...…..…..Respondent Appearances By: Shri Sunil Surana, Fca, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 15, 2023 Date Of Pronouncing The Order : May 12, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 30.05.2022 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee Is Aggrieved By The Action Of The Lower Authorities In Treating The Unsecured Loans Of Rs.15,00,000/- Taken By The Assessee As Unexplained Income Of The Assessee. 3. The Assessee Has Contested The Impugned Addition On Various Ground, Inter Alia, That The Assessing Officer Had No Reason To Believe

Section 143(2)Section 147Section 148Section 148ASection 250

…18.02.2015; Hon’ble Madras High Court in the case of Sapthagiri Finance & Investment vs. ITO reported in (2013) 90 DTR (Mad) 289); Hon’ble Delhi High Court in the case of DIT vs. Society for Worldwide Interbank Financial Telecommunications reported in (2010) 323 ITR 249 (Del); Hon’ble Allahabad High Court in the case of CIT vs. Solarpur Cold Storage P Ltd (2014) 50 Taxmann.com 105 (All); Hon’ble Allahabad High Court in the case of CIT vs. Rajeev Sharma reported in [2011] 336 ITR 678 (All.). Since the Assessing Officer did not issue notice u/s 143(2) of the Act within the specified time period, therefore, the Ass…