Diwakar Enginers Ltd. v. ITO

329 ITR 28High Court2010#20515 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2010 to 2022.

Judgments citing Diwakar Enginers Ltd. v. ITO

Assistant Commissioner of Income Tax, Central Circle- 1(2), Bangalore vs. Mr. M R Seetharam, Bangalore

In the result, the appeal filed by the revenue stands allowed as indicated hereinabove

ITA 256/BANG/2020[2007-08]Status: DisposedITAT Bangalore31 May 2022AY 2007-08

For Respondent: Shri Naginchand Khincha

Section 132Section 143(2)Section 143(3)Section 147Section 148Section 151Section 153Section 153A

…decisions  (1999) 236 ITR (SC.) Raymond Wollen Ltd.  (2020) 247 ITR 818 (SC.)Ess Ess Kay Engg.Co. P vs. CIT  159 ITR 956 (SC.) I.O.C. Vs. ITO  (1993) 203 ITR (SC) — Phool Chand Bajrang Lal. vs. ITO  324 ITR 54 (Bom.) Multiscreen Media Pvt. Ltd.  (2010) 329 ITR 28 (Del.) — Diwakar Engineers Ltd. vs. ITO  225 ITR 495 (Del.) — Rakesh Aggarwal 8. The Ld. Standing Counsel also placed heavy reliance on the decision of Hon’ble Madras High Court in case of Karti P. Chidambaram vs. Pr.DIT reported in (2021) 436 ITR 340. The Ld. Standing Counsel further submitted that no materials were handed over by the Assessing…

Empee Holdings Ltd., Chennai vs. DCIT, Chennai

ITA 1503/CHNY/2014[2005-06]Status: DisposedITAT Chennai07 Nov 2019AY 2005-06

Bench: Shri George Mathan & Shri Ramit Kochar

Section 143(3)Section 147Section 148Section 2(22)(e)

…the Punjab and Haryana High Court in Ropar District Co-operative Milk Producers Union Ltd. v. CIT [2009] 311 ITR 42/[2007] 165 Taxman 477 (Punj & Har.) In a more recent judgment, a Division Bench of the Delhi High Court in Diwakar Engineers Ltd. v. ITO [2010] 329 ITR 28/187 Taxman 327 held that where materials had come to light during the assessment of a subsequent Assessment Year, that would not constitute a mere change of opinion, but could sustain a notice of reopening. 8. In Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 291 ITR 500/161 Taxman 316 (SC) the Supreme Court has held that the expressi…

Video Electronics P.Ltd vs. Income Tax Officerr

ITA - 1100 / 2009HC Delhi01 Dec 2010

Section 147Section 148

…ssion of CIT after recording reasons for reopening assessment for assessment year 1990-1991 as we have already reproduced in the preceding paragraphs. In support of her argument she has relied upon the judgment reported as Diwakar Enginers Ltd. vs. ITO (2010) 329 ITR 28 (Delhi). In the present case the Income Tax Officer became suspicious because during the assessment of the preceding years he found there existed sufficient material for Assessing Officer to initiate proceedings under Section 147 of the Act by issuing notice under Section 148 of the Act. The issuing of notice under Section 148, it is not necessary…

Video Electronics Ltd vs. Joint CIT

ITA/1415/2008HC Delhi01 Dec 2010

Section 147Section 148

…of CIT after recording reasons for reopening assessment for assessment year 1990-1991 as we have already reproduced in the preceding paragraphs. In support of her argument she has relied upon the judgment reported as Diwakar Enginers Ltd. vs. ITO (2010) 329 ITR 28 (Delhi). In the present case the Income Tax Officer became suspicious because during the assessment of the preceding years he found there existed sufficient material for Assessing Officer to initiate proceedings under Section 147 of the Act by issuing notice under Section 148 of the Act. The issuing of notice under Section 148, it is not nec…