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

Philips India Ltd., Kolkata vs. PCIT-IV, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1142/KOL/2016[2009-2010]Status: DisposedITAT Kolkata27 Mar 2019AY 2009-2010

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

Section 143(3)Section 263Section 32

…se where the facts have been disclosed by the assessee to the assessing authority and the correct provisions of law have not been examined by the assessing authority, the power under section 263 can be invoked." (f) In the case of Duggal & Co. v. CIT [1996] 220 ITR 456/[1994] 77 Taxman 331 (Del.) the Delhi High Court upheld the order of exercise of power under Section 263 holding that :- "The commissioner was perfectly competent to exercise his powers under Section 263 whenever he found, prima facie, that there was need to enquire if the interest of the Revenue had suffered by an order of assessment. He has g…

Durgesh Autofin P.Ltd, Bijnor vs. Prcit, Muzaffarnagar

In the result, the appeal of the assessee is allowed

ITA 2539/DEL/2018[2013-14]Status: DisposedITAT Delhi09 Oct 2018AY 2013-14

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2539/Del/2018 : Asstt. Year : 2013-14 Durgesh Autofin P. Ltd., Vs Pr. Commissioner Of Income Tax, C/O Sh. Pankaj Kumar, Director, Muzaffarnagar-251002 S/O Late Sh. Tejpal Singh, Mandi Kotla, Near Nehru Murti, Chandpur, Bijnot, Bijnor, Uttar Pradesh (Appellant) (Respondent) Pan No. Aaccd0768P Assessee By : Sh. Vivek Bansal, Adv. Revenue By : Ms. Rachna Singh, Cit Dr Date Of Hearing : 29.08.2018 Date Of Pronouncement : 09.10.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 13.03.2018 Of Ld. Pr. Cit, Muzaffarnagar U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As The Act).

For Appellant: Sh. Vivek Bansal, AdvFor Respondent: Ms. Rachna Singh, CIT DR
Section 143(3)Section 263Section 269SSection 271DSection 41(1)Section 68

…(1991) 187 ITR 638 (Ori.) " Jagdish Kumar Gulati Vs CIT 269 ITR 71 (All.) " Gee Vee Enterprises Vs Addl. CIT 99 ITR 375 (Del.) " Rampyari Devi Saraogi Vs CIT (1968) 67 ITR 84 (SC) " Tara Devi Aggarwal Vs CIT (1973) 88 ITR 323 (SC) " Duggal & Co. Vs CIT (1996) 220 ITR 456 (Del.) " Sh. Virendra Kumar Gupta Vs CIT in ITA No. 2595/Del/2009, order dated 21.01.2011 15 Durgesh Autofin P. Ltd. 13. Accordingly, the Pr. CIT set aside the assessment order framed by the AO by observing that the AO failed to examine the case properly on the issues which rendered the assessment order erroneous in so far as it was prejudicial…