Duggal & Co. v. CIT

220 ITR 456High Court1996#1362 most cited

What is Duggal & Co. v. CIT authority for?

An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.

84

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2009 to 2025.

Also referred to as

Duggal & Co. v. CIT · Section 263 · erroneous and prejudicial · inadequate enquiry · failure to investigate · Assessing Officer duty · revision of assessment · lack of inquiry · ITO investigator · limited scrutiny

Issues it is cited on

Judgments citing Duggal & Co. v. CIT

Anup Enterprises, Mumbai vs. The Principal CIT-19, Mumbai

In the result, ground no. 2 & 3 raised by the assessee are also dismissed

ITA 1641/MUM/2021[2011-12]Status: DisposedITAT Mumbai23 Aug 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Gagan Goyalanup Enterprises, 41, 4Th Floor, Neelkamal, Pedder Road, Mumbai-400026 Pan: Aaafa5067D ...... Appellant Vs. The Pr.Cit-19, Room No. 228, 2Nd Floor, Matru Mandir, Tardeo, Mumbai-400007 ..... Respondent Appellant By : None Respondent By : Smt. Shailja Rai, Cit-Dr Date Of Hearing : 26/05/2022 Date Of Pronouncement : 23/08/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Ld. Principal Commissioner Of Income Tax-19, Mumbai [Hereinafter Referred To As (‘Ld. Pr.Cit) Dated 22.03.2021 For The Assessment Year (Ay) 2011-12. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Smt. Shailja Rai, CIT-DR
Section 142(1)Section 144Section 147Section 148Section 253Section 263Section 263(1)Section 3

…3 includes the failure to make such an inquiry. The order becomes erroneous because such an inquiry has not been made and not because there is anything wrong with the order if all the facts stated therein are assumed to be correct [Duggal & Co. v. CIT. (1996) 220 ITR 456, 459 (Del)]. CIT v. Pushpa Devi, (1987) 164 ITR 639 (Pat): CIT v. Smt. Rambha Devi, (1987) 164 ITR 858 (Pat). The above stated decisions postulate that when the Officer is expected to make an inquiry of a particular item of income and if he does not make an inquiry as expected, that would be a ground for the Commissioner to interfere with the ord…

M/S. Coretech Ventures (Bangalore) Private Limited, Bangalore vs. The Principal Commissioner of Income Tax, Bengaluru-2, Bangalore

In the result, the appeal filed by the assessee stands dismissed

ITA 746/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Jul 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17 M/S. Coretech Ventures (Bangalore) Pvt. Ltd., The Principal Divyasree Chambers’ Commissioner Of Wing-A, O Shaugnessy Income Tax, Road, Bengaluru – 2, Langford Town, Vs. Bengaluru. Bangalore – 560 025. Pan: Aafcc2775E Appellant Respondent : Shri V. Chandrashekar, Assessee By Advocate : Shri V.S. Chakrapani, Cit- Revenue By Dr Date Of Hearing : 01-06-2022 Date Of Pronouncement : 29-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 30/03/2021 Passed By Ld.Pcit, Bangalore -2 U/S. 263 Of The Act For A.Y. 2016-17 On Following Grounds Of Appeal: “1. The Order Of Revision Passed By The Learned Principal Commissioner Of Income Tax, Bengaluru -2, Bengaluru, Under Section 263 Of The Act Dated 30/03/2021, In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri V. Chandrashekar
Section 143Section 263Section 80Section 801A

…osed to accept a claim in the absence of supporting materials:  Rampyari Devi Saraogi v.CIT reported in (1968) 67 ITR 84  Smt. Tara Devi Aggarwal v. CIT reported in (1973) 88 ITR 323 Hon’ble Delhi High Court in case of Duggal & Co. v. CIT reported in (1996) 220 ITR 456 and GeeVee Enterprises reported in (1975) 99ITR 375, observed that, failure of the AO to investigate into facts in the return calling for enquiries makes the order erroneous. 17. In case of lack of enquiry or in case of failure of the Ld.AO to investigate the claim made in the return, the order of the Ld.AO would be considered to be erroneous. Pe…

Jalinder Tatyasaheb Deshmukh, Beed vs. Commissioner of Income-Tax

In the result, appeal of the Assessee is Dismissed

ITA 2679/PUN/2016[2009-10]Status: DisposedITAT Pune23 Jun 2022AY 2009-10

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.2679/Pun/2016 िनधा"रणवष" / Assessment Year : 2009-10 Shri Jalindertatyasaheb The Commissioner Of Income Deshmukh, Vs Tax, Aurangabad. Anusaya Construction Company, Vidyanagar Parli Vaijnath, Dist. Beed – 431515. Pan: Adwpd 6423 H Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri Shivraj B Moray – Dr Date Of Hearing 04/05/2022 Date Of Pronouncement 23/06/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax, Aurangabad For The A.Y.2009-10 Dated 24.03.2014.The Assessee Has Raised The Following Grounds Of Appeal: “1) On The Facts & Circumstances Of The Case & In Law The Ld. Cit-Aurangabad Was Not Justified In Passing The Revisionary Order Under S. 263 Of The Act When The Original Assessment Order Passed By The A. 0. Cannot Be Branded As Erroneous As Well As Prejudicial To The Interests Of Revenue Since The Perusal Of The Said Assessment Reveals That The Full Investigation Was Made Calling For The Entire Information Needed For Framing The Assessment. The Revisionary Order Is Not Sustainable In Law. It Be Quashed.

Section 143(3)Section 263

…आयकर अपीलीय अिधकरण “ए” "ायपीठ पुणे म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकरअपीलसं. / ITA No.2679/PUN/2016 िनधा"रणवष" / Assessment Year : 2009-10 Shri JalinderTatyasaheb The Commissioner of Income Deshmukh, Vs Tax, Aurangabad. Anusaya Construction Company, Vidyanagar Parli Vaijnath, Dist. Beed – 431515. PAN: ADWPD 6423 H Appellant/ Assessee Respondent /Revenue Assessee by None. Revenue by Shri Shivraj B Moray – DR Date of hearing 04/05/2022 Date of pronouncement 23/06/2022 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM…

Raj Kishore Prusty, Kendrapara vs. Pr. CIT-1, Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 46/CTK/2021[2016-17]Status: DisposedITAT Cuttack05 Apr 2022AY 2016-17

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Raj Kishore Prusty,At: Nuapatna, Raj Kishore Prusty,At: Nuapatna, Vs. Pr. Cit, Bhubaneswar Pr. Cit, Bhubaneswar-1 Po: Chandol, Dist: Kendrapara Po: Chandol, Dist: Kendrapara Pan/Gir No. No.Atdpp 8328 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri D.Parida, Ca D.Parida, Ca Revenue By : Shri Manoj Kumar Goutam, Manoj Kumar Goutam, Cit (Dr) Date Of Hearing : 8 /3/ 20 / 2022 Date Of Pronouncement : 05/ /4/2022 O R D E R Per C.M.Garg G, Jm This Is An Appeal Filed By The Assessee Against The Order Of The This Is An Appeal Filed By The Assessee Against The Order Of The This Is An Appeal Filed By The Assessee Against The Order Of The Pr. Cit-1, Bhubaneswar 1, Bhubaneswar U/S.263 Of The Act Dated 26.3.2021 U/S.263 Of The Act Dated 26.3.2021 For The Assessment Year .2016-17. 17. 2. The Assessee Has Raised The Following Grounds: The Assessee Has Raised The Following Grounds:

For Appellant: Shri D.Parida, CAFor Respondent: Shri Manoj Kumar Goutam
Section 143(3)Section 263Section 263(1)

…y which shows lack of application of mind, failure to conduct enquiry with due diligence before passing the order would make the order erroneous. Reference in this context is invited to the decision of Delhi High Court in the case of Duggal & Co v. CIT (1996) 226 ITR 456(Del), wherein it has been held as under: "The ITO is not only an adjudicator, but also an investigator. He cannot remain passive in the face of a return which is apparently in order but calls further enquiry It is incumbent on the AO to further investigate the facts stated in the return, when circumstances would makes such an enquiry prudent. The…